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When can you consider an employment as project-based?

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For employment to be regarded as project-based, it is incumbent upon the employer to prove that the employee was hired to carry out a specific project or undertaking, and the employee was notified of the duration and scope of the project.

 

Minsola vs. New City Builders, G.R. No. 207613, January 31, 2018, [853 SCRA 466]

 

 

 

 

 

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Give an instance where a probationary employee may be regularized even without an action on the part of the employer.

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While the Supreme Court recognized as valid the extension of the probationary period, still the general rule remains that an employee who was suffered to work for more than the legal period of 6 months of probationary employment or less shall, by operation of law, become a regular employee.

 

Umali vs. Hobbywing Solutions Inc., G.R. No. 221356, March 14, 2018, [859 SCRA 255]

 

 

 

 

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Is the length of time the controlling test in determining if an employee is indeed a regular employee?

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While length of time may not be the controlling test to determine if an employee is indeed a regular employee, it is vital in establishing if he was hired to perform tasks which are necessary and indispensable to the usual business or trade of the employer.

 

Geraldo vs. The Bill Sender, G.R. No. 222219, October 03, 2018, [882 SCRA 125]

 

 

 

 

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Who is a regular employee?

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A regular employee is an employee who is:

1) engaged to perform tasks usually necessary or desirable in the usual business or trade of the employer, unless the employment is one for a specific project or undertaking or where the work is seasonal and for the duration of a season; or

2) has rendered at least 1 year of service, whether such service is continuous or broken, with respect to the activity for which he is employed and his employment continues as long as such activity exists.

Abuda vs. L. Natividad Poultry Farms , G.R. No. 200712, July 04, 2018 , [870 SCRA 468]