Daily Tribune (Philippines)

Regular or casual?

I am an assistant cook in a restaurant in Dagupan City, Pangasinan. My employer made me sign a templated one-page Contract stating that my restaurant employment will last for three months. I work from Mondays to Fridays and I was also not allowed to work for other restaurant­s or establishm­ents. My contract was renewed six times for the same period. Thereafter, the restaurant manager told me that my contract would not be renewed anymore. I was told that the restaurant plans to hire a regular full-time assistant cook and I am a mere casual employee. Is this legal and what can I do to protect my rights?

Dear Wilfred,

From the facts that you shared to me, you should already be considered a regular employee of the restaurant. The restaurant’s resort to the continuous renewal of your employment contract is just a scheme to prevent you from attaining regular status.

In the case of Ariel Espina, et al. vs Highlands Camp, et al., G.R. 220935 and G.R. 219868, 28 July 2020, the Supreme Court citing the case of Claret School of Quezon City vs Sinday (G.R. 226358, 9 October 2019), stated:

“Thus, in Claret, the Court held that the repeated hiring of employees under a contract less than the six-month probationa­ry period to circumvent regular employment is contrary to law, viz.:

xxx where from the circumstan­ces it is apparent that the period has been imposed to preclude the acquisitio­n of tenurial security by the employee, then it should be struck down as being contrary to law, morals, good customs, public order and public policy. The pernicious practice of having employees, workers and laborers, engaged xxx short of the normal six-month probationa­ry period of employment, and, thereafter, to be hired on a day-to-day basis, mocks the law. (Emphasis supplied, citation omitted.)

Indeed, Highlands’ cyclical scheme of hiring and rehiring petitioner­s year after year manifests its intent to prevent them from attaining regular employment. Highlands failed to prove that petitioner­s freely entered into agreements with it to perform services for a specified period or season. In fact, there is nothing on record to show there was any agreement at all between Highlands and each of herein petitioner­s. Respondent­s never presented petitioner­s’ supposed contracts of employment. In the absence of proof showing that petitioner­s knowingly agreed on a fixed or seasonal term of employment, we uphold the findings of the labor tribunals that petitioner­s are regular employees.

You can go to the National Labor Relations Commission in Dagupan City, Pangasinan and file a complaint for regulariza­tion and illegal dismissal against your employer.

I hope I was able to help you based on the facts you stated.