Worker regularity based on nature of job, not the written employment contract

Dear PAO,
I have been working in this beverage company since 2010 under one-year contract and was renewed yearly up until this year.

It is stated in one of the provisions of the contract that I’m not entitled to any benefits and privileges that regular employees get. I’m wondering if I can get a 13th month pay under Department Order 18-A, Series of 2011. Would there be any chance that I can be a regular employee since I have been with them for almost three years. Thanks. I hope you can enlighten me on this matter.
Abub

Dear Abub,
Article 280 of the Labor Code of the Philippines is enlightening with regard to who should be considered a regular employee. The said law provides that:

“Art. 280. Regular and casual employment. 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 termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.

An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists.”

It is clear from the provisions of the cited law that if the work performed is necessary and desirable to the business of the employer then the employee will be deemed as regular regardless of the stipulations to the contrary. In other words, what determines regularity is not the written employment contract, but the nature of the job (Azucena, Everyone’s Labor Code, 2010 update, citing A.M. Oreta, August 10, 1989).

Since your employment is based on a contract limited to a period of one year, you may initially be considered as a project, or contract worker. Generally, contract workers are not considered regular employees, since their services are needed only when there are projects to be undertaken (Cartagenas v. Romago Electric Co., G.R. No. 82973, September 15, 1989). Nonetheless, should the employment of the project or contract employees be extended after the end of the supposed project, the said employees can now be considered as regular employees (Azucena, Everyone’s Labor Code).

Furthermore, a project employee in a private company or entity may acquire the status of a regular employee when:

a. There is a continuous rehiring of project employees even after the end of the project;

b. The tasks performed by the alleged project employee are vital, necessary and indispensable to the usual business or trade of the employer (Ibid).

Thus, considering that you have been re-hired several times already, and if determined that you perform necessary and indispensable tasks to your employer, your status may become that of a regular employee, and thus, entitled to all the rights and privileges as provided by law.

With regard to Department Order (DO) 18-A, Series of 2011 that you mentioned, note that this department order applies to employees engaged in a contracting and subcontracting arrangement. Sec. 8 of DO 18-A, Series of 2011 specifically provides for the rights and privileges that such employees are entitled to, which includes:

“Sec. 8. Rights of contractor’s employee. All contractor’s employees, whether deployed or assigned as reliever, seasonal, week-ender, temporary, or promo jobbers, shall be entitled to all the rights and privileges as provided for in the Labor Code, as amended, to include the following:

a. xxx

b. Labor standards such as but not limited to service incentive leave, rest days, overtime pay, holiday pay, 13th month pay and separation pay as may be provided in the Service Agreement or under the Labor Code. xxx”

Thus, should your employment be based on such arrangement, you are still entitled to a 13th month pay as clearly provided by law.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.netThis email address is being protected from spambots. You need JavaScript enabled to view it

SOURCE:

http://www.tucp.org.ph/news/index.php/2013/01/worker-regularity-based-on-nature-of-job-not-the-written-employment-contract/.

Wage Order

SUMMARY OF CURRENT REGIONAL DAILY MINIMUM WAGE RATES
Non-Agriculture, Agriculture
As of December 2012
(In pesos) 
Source: http://www.nwpc.dole.gov.ph/pages/statistics/stat_current_regional.html

Advantages of LED Lights

The operational life of current white LED lamps is 100,000 hours. This is 11 years of continuous operation, or 22 years of 50% operation. The long operational life of an led lamp is a stark contrast to the average life of an incandescent bulb, which is approximately 5000 hours. If the lighting device needs to be embedded into a very inaccessible place, using LEDs would virtually eliminate the need for routine bulb replacement. 

There is no comparison between the cost of LED lights vs. traditional incandescent options. With incandescent bulbs, the true cost of the bulb is the cost of replacement bulbs and the labor expense and time needed to replace them. These are significant factors, especially where there are a large number of installed bulbs. For office buildings and skyscrapers, maintenance costs to replace bulbs can be enormous. These issues can all be virtually eliminated with the LED option. 

Source:http://www.lc-led.com/articles/ledlights.html

A light-emitting diode (LED) is a semiconductor light source.^[4] LEDs are used as indicator lamps in many devices and are increasingly used for other lighting. Appearing as practical electronic components in 1962,^[5] early LEDs emitted low-intensity red light, but modern versions are available across the visible, ultraviolet, and infrared wavelengths, with very high brightness. http://en.wikipedia.org/wiki/Light-emitting_diode

In solidarity - 30th International AIDS Candlelight Memorial – 19 May 2013 - International AIDS Candlelight Memorial

In solidarity - 30th International AIDS Candlelight Memorial – 19 May 2013

The theme of the 30^th International AIDS Candlelight Memorial is “In solidarity”. On Sunday 19 May 2013, for the 30^th time, grassroots organisations worldwide will commemorate International AIDS Candlelight Memorial. Communities will raise awareness around HIV, stand together with people living with HIV and remember the loved ones lost to HIV and AIDS.

The theme of “In solidarity” emphasizes the need for people living with and affected by HIV to join hands and work together in the response to HIV. Solidarity in communities is essential to reduce stigma and promote the involvement of people living with HIV in order to ensure a more effective HIV response. Only together as communities can we advocate for universal access to quality health and social services.

Organising the memorial for the 30th time is no reason for celebration. When the AIDS Candlelight Memorial was held first in 1983, no-one could have predicted the scale of the global epidemic. With millions of lives lost and around 33 million people currently living with HIV, HIV remains a challenging reality. While for many people HIV has become a chronic disease, many others lack access to treatment and experience HIV-related stigma, discrimination and human rights violations on a daily basis. The International AIDS Candlelight Memorial reminds us of the impact that HIV has on our lives locally and globally.

To mark World AIDS Day 2012, the International AIDS Candlelight Memorial is releasing our theme and poster. You can download the poster and an accompanying email banner fromwww.candlelightmemorial.org. You can also register as a Community Coordinator for Candlelight Memorial 2013 on the website.

The International AIDS Candlelight Memorial is one of the world’s oldest and largest grassroots mobilisation campaigns for HIV awareness. The International AIDS Candlelight Memorial takes place every third Sunday in May. It is led by a coalition of 1,200 community organizations in 115 countries, and is coordinated at the global level by the Global Network of People living with HIV.

In solidarity - 30th International AIDS Candlelight Memorial – 19 May 2013 - International AIDS Candlelight Memorial

Pinoy Biztalk and Jobs Abroad: Make your own toothpaste!As the number of Filipin...

Make your own toothpaste!
As the number of Filipinos with missing teeth climbs higher, Drew Arellano explores the do's and dont's of oral hygiene. Meanwhile, chemist Janir Datukan shows us how anyone can make toothpaste in their home! (Aired Sep. 9, 2012)
Date posted: Sep 10, 2012 2:47pm
Reporter: Drew Arellano

Pinoy Biztalk and Jobs Abroad: Make your own toothpaste!
As the number of Filipin...: Make your own toothpaste! As the number of Filipinos with missing teeth climbs higher, Drew Arellano explores the do's and dont's of oral ...

December Birthday Celebrant

It's your birthday! This significance of this day is beyond just your birthday.

It is a celebration of someone that is loved and greatly admired. Happy Birthday!

May the peace, beauty and grace of natures be yours throughout
the coming year?  

Wish you a super duper Birthday!

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181443	Legaspi	Gladys	Fernando	December 31, 1978
1161127	Belesario	Melissa	Quintano	December 23, 1993
58644	Lucero	Luisito	Basilides	December 12, 1975
1070760	Cabaluna	Alfredo Jr	Marquez	December 29, 1983
203837	Cortez	Earl Francis	Lazaro	December 8, 1980
1122932	Gajeto	Riza	Antipuesto	December 30, 1991
1090865	Brion	Vanessa Gracia	Roque	December 13, 1985
46	Obligado	Marionito	Gamundoy	December 21, 1953
155177	Millante	Philip	Bongabong	December 3, 1977
168397	Anillo	Marvin	Pelaez	December 7, 1979
192595	Hembrador	Maricar	De Luna	December 17, 1981
267679	Alorro	Alven	Sidello	December 28, 1985
1149967	Dela Cruz	Michael	De Castro	December 27, 1988
1110814	Pasa	Aaron Paul	Tongo	December 17, 1990

Nagkaisa! opposes passage of Abad bill

The country’s biggest labor coalition Nagkaisa! warned the members of electric cooperatives (EC) of the dangers posed by the Abad bill or House Bill 6214 that passed the second reading yesterday. The bill, principally authored by energy committee Chair Dina Abad, seeks extra powers for the National Electrification Administration (NEA).

Wilson Fortaleza, spokesperson of Partido ng Manggagawa (PM) and one of the convenors of Nagkaisa! said, the Abad bill is truly a bad and dangerous bill since it gives NEA ‘step-in rights’ or extra powers to impose its will against a particular EC. In essence, HB 6214 provides NEA the dictatorial powers to:

(1) take-over the management and operation of the EC;

(2) appoint or assign third persons to the Board, or;

(3) create a management team whose members possess the qualifications and experience suited for the job

Fortaleza explained that the bill also expands and strengthens NEA’s power to fire general managers, directors, and even employees of both the NEA and CDA-registered electric cooperatives — rights that were already provided under PD269 and PD1645.

Nagkaisa! maintains the position that the logical end to NEA’s mission since it was mandated 40 years ago to pursue the total electrification the country is to leave a legacy of being able to empower and democratize the ownership and control of the country’s 119 electric cooperatives.

“Unfortunately HB6214 is a push toward the opposite direction. It will create a Super NEA that is eventually more powerful than the EC’s highest policy making body, the general assembly,” said Fortaleza.

Louie Corral of the Trade Union Congress of the Philippines (TUCP) likewise argued that NEA already has too much power as the registration agency, the bank, and the implementor of coop projects.

“NEA is basically the SEC, the Land Bank, and the DPWH rolled into one for all coops. This over-concentration of powers is a formula for conflict of interest and abuse of powers. The bill adds to these powers by introducing the concept of ‘step-in rights’ that practically would lead to the total emasculation of the coop’s general assembly and the marginalization of the unions in these coops,” explained Corral who is also a Nagkaisa! convenor.

The clear intent of the bill, he added, “Is for NEA to displace the role of the true owners of the coop – the 9 million consumer households — and to supplant them with corporatization and eventual takeover of the coops by the Voltage 5 which is allowed under EPIRA.”

Labor groups under Nagkaisa! such as the Alliance of Progressive Labor (APL), Associated Labor Unions (ALU) and Partido ng Manggagawa (PM) have affiliate unions in electric cooperatives. All these groups are working for the democratization of control and ownership of electric cooperatives.

Another Nagkaisa! convenor Josua Mata, the Secretary General of APL, called on consumers to reject the bill, warning that once enacted, EPIRA’s privatization agenda “freely steps into the doors of the consumer-owned electric cooperatives.”

He asserted that there are other ways in solving the problems of distressed ECs outside of the EPIRA frame as shown by the coop-to-coop cooperation model successfully worked out by the union and the consumers of the Albay Electric Cooperative (ALECO).

Source: The country’s biggest labor coalition Nagkaisa!

Nagkaisa! opposes passage of Abad bill