In a decision
dated 11 June 2012, the National Labor Relations Commission (NLRC), reversed a
decision of the Executive Labor Arbiter of Regional Arbitration Board (RAB) III
Mariano Bactin, and declared that the complainant was a project employee of
respondent company, in the case of Subic Drydock Corp (SDC) vs. Conde. SDC is
being represented by this author.
“Undisputed is the fact that the
Respondents merely accept contracts for repairs/maintenance of vessels from
third parties and only on occasion when it has contracts of this nature that it
will hire workers to do the job. The various contracts entered into between the
Complainant and the Respondents sufficiently prove the fixed-term
employment between them. Careful review of the aforementioned documents shows
that Complainant-Conde was hired as Mechanical Rigger assigned to different
clients of Respondent-SDC such as MTSC Projects/Catleya; Super Shuttle Project;
for M/V Cabilao, M/V Magsino and M/V Cabo. Thus, Respondent-SDC relies mainly
on, and contingent to, the project it enters and thus, it hires project
employees to meet the demands of specific projects,” NLRC states in its
decision.
Conde was initially hired as a
project-based employee by SDC for a period of three months. When the last of
his several contracts expired, he had just completed his project employment for
two months as mechanical rigger for three vessels.
The Commission also duly noted in its
decision that, “The fact that Complainant-Conde is a project employee is
bolstered further with the Complainant having signed his various employment
contracts for specific projects and specific period of time. He likewise signed
the notice given him upon the expiration of each and every contract.” It
cited the case of William Uy Construction Corp., et. al. vs. Trinidad,
involving a driver who was continuously and repeatedly rehired, but was still
declared a project employee.
The case is under appeal.
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