Tag - contract for project employment

Risk in Poorly Crafted Project Employment Contract

When the employer claims that an employee is on project employment basis, it has the burden of proving the validity of such arrangement. Failure to do so shall render the employment regular. For instance, in the case of Inocentes vs. R. Syjuco Construction, Inc., (July 29, 2019, G.R. No. 237020) where  the employer failed to discharge the burden to prove that the employees were project employees, the NLRC properly found them to be regular employees. It thus follows that as regular [...]

How to Handle the Contracts of Project Employees when there are Multiple Projects

Project employment is an exception to the rule on regular employment if all the requisites are complied with. A project employee under now Article 295 of the Labor Code, as amended, is one whose employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee. (Herma Shipyard, Inc. vs. Oliveros, G.R. No. 208936, April 17, 2017) Thus: “Art, 295. Regular and Casual Employment. –The provisions [...]

Employment Contract that is Amended Lowering the Minimum Terms Under the Law is Not Binding on Employee

Employment contract is placed on a higher plane than ordinary contracts since it is imbued with public interest and, therefore, subject to the police power of the State. (See Leyte Geothermal Power Progressive Employees-Union-ALU-TUCP vs. Philippine National Oil Company-Energy Development Corp., 662 Phil. 225, 234 (2011).) The supremacy of the law over the nomenclature of the contract and its pacts and conditions is to bring life to the policy enshrined in the Constitution to afford full protection to labor. (Innodata [...]

Project Employee and Indicators of this Form of Employment

Project employee has been defined to be one whose employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee. (Human Resource Forms, Notices & Contracts Volume 1 by Atty. Elvin B. Villanueva, citing Philippine National Construction Corporation vs. National Labor Relations Commission, G.R. No. 85323, 20 June 1989, 174 SCRA 191; See also Mercado vs. NLRC, G.R. No. 79869 September 5, [...]

Project Employment Contract In Filipino (Simplified)

Project employment is one of the forms of employment under the Philippine labor laws. The Labor Code provides under Article 295 that it is an exception to the rule on regular employment being an undertaking with scope and duration. Most employees engaged for project employment are those in construction industry or those involving heavy manual labor. Individuals hired as such are normally not conversant with the English language and are more familiar with the Filipino being the everyday language in [...]

Sample Contract for Project Employment in Filipino or Tagalog

Sample contract is provided here as guide for companies that would like to draft their project employment contract for project employees who are not conversant of the English language or who better understand only Filipino or Tagalog. As basic reminder in project employment contract, the following must be shown: 1. Parties 2. Duration of the project or phase thereof (must be made known at the time of engagement) 3. Expected completion date 4. Provision on possible extension 5. Description of the project 6. Completion bonus (not [...]

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