Caramol vs. National Labor Relations Commission (NLRC) Summary

ROGELIO CARAMOL, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION and ATLANTIC GULF and PACIFIC CO. OF MANILA, INC., respondents.

G.R. No. 102973 | 1993-08-24

Regular employee (employment) , test, standard is the reasonable connection between the particular activity performed by the employee in relation to the usual business or trade of the employer
Knowing consent of employee to be engaged as project employee necessary
Regular employee; Repeated rehiring and the continuing need for employee service are sufficient evidence of the necessity and indispensability of his service to the business or trade of the employer
Project employee; stipulation on employment contract providing for a fixed period of employment such as 'project-to-project' contract is valid provided the period was agreed upon knowingly and voluntarily the parties

D E C I S I O N

BELLOSILLO, J.:

The controversy as to whether petitioner is a regular or casual employee arises from the conflicting interpretations by the parties of Art. 280 of the Labor Code, as amended. The article provides --

"The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or...