Bar Questions (set 10 Nos.
1-24)
1. Tomas and Cruz have been employed for the last 22
years in various capacities on board the ships of BARKO
shipping Company. Their employment was made
through a local manning company. They have signed
several ten (10) month employment contracts with
BARKO Shipping. The NLRC ruled that they were
contractual employees and that their employment was
terminated each time their contract expired. Is the ruling
of the NLRC correct? Explain fully.
Answer:
Yes. Article 280. Seafarers are contractual
employees. They cannot be considered as regular
employees. Their employment is governed by the
contract they sign every time they are rehired and their
employment is terminated when the contract expires.
They fall under the exception of ART 280
whose employment has been fixed for a specific project
or undertaking the completion or termination of which
has been determined at the time of engagement of the
employee or where the work or services to be performed
is seasonal in nature and employment is for the duration
of the season.
2. How is the project worker different from a casual or
contractual worker? Briefly explain your answers.
Answer:
A contractual worker is a generic term used
to designate any worker covered by a written contract to
perform a specific undertaking for a fixed period.
A project worker is used to designate worker
hired to perform specific undertaking for a fixed period
co-terminus with the project determined at the time of
the engagement of the employee.
Casual worker refers to workers of job that is
not desirable or necessary to the business or trade of the
employer and has not rendered service at least 1 year.
3. The services of an employee were terminated upon the
completion of the probationary period of employment
for failure to qualify, for the position. The employee filed
a complaint for illegal dismissal on the ground that the
employer failed to inform him in writing the reasonable
standards for regular employment. Will the complaint
for illegal dismissal prosper?
Answer:
Yes. The employer must communicate the
standards required of the employee by which he will
qualify as regular employee at the beginning of his
employment. The reasonable standards must be known
to the employee by the employer at the time of the
engagement.
4. What limitations, if any, do the law and jurisprudence Answer: Answer:
impose on an employer’s right to terminate the services The demand has no legal basis because the He is considered as regular employee. There
of a probationary employee? employment of the petitioner is that of a project was a successive and repeated rehiring and renewal of
employment. The fact that the work has gone beyond 1 his contract.
Answer: year does not dissolve the status of the petitioners as 9. ILECO is an electric cooperative which accepted fresh
The labor code provides that the services project employees. The years of service will not matter. graduates from a vocational school as lineman trainees
which have been engaged in probationary status may be Even if it exceeds 1 year it will not affect the project for six (6) months after which they were hired as
terminated for just and authorized causes or if an employment status of the worker as long as the project probationary employees for another ten (10) months.
employee fails to qualify as a regular employee based on is predetermined. He will become a regular employee Thereafter, they were made regular employees. These
the reasonable standards made known by the employer only if the duration of the project is not predetermined employees then sought entitlement to salary increases
to the employee at the time of his engagement. and there is rehiring. under the existing Collective Bargaining Agreement
If the probationary employee is terminated (CBA) which were given at the time when they were not
through just cause he must be given due process. During 7. Kitchie Tempo was one of approximately 500 yet regular employees, hence, not yet regular members
the probationary period, pwede ka ma dismiss for production operators at HITEC Semiconductors, Inc. and when the CBA took effect and therefore not entitled to
authorized and just causes but the procedural due export-oriented enterprise whose business depended on wage adjustment thereunder. Resolve the issue. Discuss
process must be complied with. However if the dismissal orders for computer chips from overseas. She was hired fully.
is based on failure to meet the reasonable standards, it is as a contractual employee four years ago. Her contracts
enough to inform the employee that he failed to meet the would be for a duration of five (5) months at a time, Answer:
standards. Due process is not necessary. usually after a one-month interval. Her re-hiring was They are regular employees from the start of
contingent on her performance for the immediately their employment. They cannot qualify as apprentice
5. Distinguish the project employees from regular preceding contract. because this requires a prior approve apprenticeship
employees. Six months after the expiration of her last program. They also cannot qualify as probationary
contract, Kitchie went to HITEC’s personnel department employee because they were not informed of the
Answer: to inquire why she was not yet being recalled for another standards to be met. They are considered as regular
Regular employee is one who performs temporary contract. She was told that her performance employee on the first day of employment.
activities necessary or desirable to the usual business or during her last stint was “below average.”
trade of the employer or those who continues to render Since there was no union to represent her, 10. A Construction Group hired Engineer “A” as a Project
service for more than 1 year or those who were not Kitchie seeks your advice as a labor lawyer about her Engineer in 1987. He was assigned to five (5) successive
terminated after the probationary period. Project chances of getting her job back. What will your advice separate projects. All five contracts of employment he
employees are those whose employment has been fixed be? signed specified the name of the project, its duration, and
on a specific project or undertaking, the completion and the temporary-project nature of the engagement of his
termination of which has been determined at the time of Answer: services. Upon completion of the fifth project in August
the engagement of the employee of that project File a case of illegal dismissal and seek for 1998, his services were terminated. He worked for a
employment. reinstatement. Their repeated rehiring is sufficient total of ten (10) years (1987-1998) in the five separate
evidence of necessity or desirability to the usual trade or projects. Six months after his separation, the Group won
6. Mariano Martillo was a mason employed by the ABC business of the employer. He shall be considered as a bid for a large construction project. The Group did not
Construction Company. Every time that ABC had a regular employee because there was a repeated rehiring. engage the services of Engineer “A” as a Project Engineer
project, it would enter into an employment contract with for this new project, instead, it engaged the services of
Martillo for a fixed period that coincided with the need 8. Aldrich Zamora, a welder, was hired on February 1972 Engineer “B”.
for his services, usually for a duration of three to six by Asian Contractors Corporation (ACC) for a project. He Engineer “A” claims that by virtue of the
months. was made to sign a contract stipulating that his services nature of his functions, i.e., Engineer in a Construction
Since the last project involved the were being hired for the completion of the project, but Group, and his long years of service he had rendered to
construction of a 40-storey building, Martillo was not later than December 30, 1972, whichever comes the Group, he is a regular and not a project engineer at
contracted for 14 months. During this period, ABC first. the time he was first hired. Furthermore, the hiring of
granted wage increases to its regular employees, After December 1972, Zamora, being a man Engineer “B” showed that there is a continuing need for
composed mostly of engineers and rank and file of many talents, was hired for different projects of ACC his services. Is the claim of Engineer “A” correct?
construction workers as a result of the just concluded in various capacities, such as carpenter, electrician, and
CBA negotiations, feeling aggrieved and discriminated plumber. In all of these engagements, Zamora signed a Answer:
against, Martillo and other similarly-situated project contract similar to his first contract except for the No. Engineer A is considered a project
workers demanded that increases be extended to them, estimated completion dates of the project for which he engineer because in his contract the project is specified.
inasmuch as they should now be considered regular was hired. However he is considered a regular employee because of
employees and members of the bargaining unit. If you What is Zamora’s status with ACC? Is he a repeated hiring and failure to rehire him amounts to
were ABC’s counsel, how would you respond to this contract worker, a project employee, a temporary or a illegal dismissal. When there is repeated rehiring, the
demand? regular employee? State your reason.
project employee is considered regular employee to employees as they performed activities usually specifically referred to him as a “project employee”, owner decided not to hire A as a plantation worker but
avoid circumventing the concept of regular employment. necessary or desirable in the usual business or trade of although it did not provide any particular date of as a houseboy instead. Furious, A filed a case for illegal
SDS and thus, their constitutional right to security of completion of the project. Is the completion of the house dismissal against the plantation owner. Decide with
tenure was violated when they were dismissed without a valid cause for the termination of Diosdado’s reason.
11. Design Consultants, Inc. was engaged by the PNCC to valid, just, or authorized cause. SDS, in defense, argued employment? If so, what are the due process
supervise the construction of the South Expressway that Lina, et. al agreed to a fixed period employment and requirements that the BIC must satisfy? If not, why not? Answer:
Extension. Design Consultants, Inc. hired Omar as a thus waived their right to a full-term tenure. Decide the He is already a regular seasonal worker
driver for two (2) years. After his two-year contract dispute Answer: because he is hired every season. The illegal dismissal
expired, he was extended another contract for nine (9) b) Assume that no fixed-term worker complained, yet in The requirement of project employment is case filed against the plantation owner will prosper
months. These contracts were entered into during the a routine inspection by a labor inspector, violations to that the project or undertaking is predetermined and no because he is already a regular worker because of the
various stages and before the completion of the the labor code’s security of tenure provision was found need to specify the period and at the completion of fact of rehiring every season. Failure to rehire amounts
extension project. Omar claims that because of these and the inspector recommended the issuance of a project or undertaking he is automatically terminated. to illegal dismissal.
repeated contracts, he is now a regular employee of compliance order. The regional director adopted the
Design Consultants Inc. is he correct? Explain briefly. recommendation and issued a compliance order. Is the 16. True or False: Seafarers who have worked for 20 19. The workers worked as cargadores as the warehouse
compliance order valid? years on board the same vessel are regular employees. and ricemills of Farm A for several years. As cargadores,
Answer: they loaded, unloaded and piled sacks of rice from the
Yes, he is already a regular employee. Take Answer: Answer: warehouse to the cargo trucks for delivery to different
note that the project is not predetermined. A.) There was no re-hiring. She was a saleslady False. Seafarers are contractual employees. places. They were paid by Farm A on a piece-rate basis.
The principal test in determining a project for 5 months. She was in fixed period employment and it They cannot be considered as regular employees. Their Are the workers considered regular employees?
employee as distinguish from a regular employee is is valid provided that the fixed period of employment employment is governed by the contract they sign every b) Yes, Their work is directly related, necessary or
whether or not the project employees was assigned to was knowingly and voluntarily agreed upon by the time they are rehired and their employment is vital to the operation of the farm;
carry out specific project or undertaking the duration of employee and absent any other improper pressure being terminated when the contract expires. Their
which were specified at the time the employees was brought to bear upon the employee and absent any other employment is contractually fixed for certain period of 20. Which of the following is correct with respect to the
engaged for the project. circumstances vitiating consent or it appear that the time. extent of the application of security of tenure?
There is no showing that Omar was informed parties dealt with each other on a more or less equal b) It applies to managerial and to all rank and file
of the scope and duration of the project or undertaking terms with no more dominance exercise by the employer 17. In her State of the Nation Address, the president employees including those under probation
at the time of his engagement. over the employee. stressed the need to provide an investor-friendly
business environment so that the country can compete 21. For humanitarian reasons, a bank hired several
12. A carpenter is employed by a private University in B.) Article 128, applies only if there is employment in the global economy now suffers from a crisis handicapped workers to count and sort out currencies.
Manila. Is the carpenter a regular or casual employee? relationship. The RD can no longer issue compliance bordering on recession. Responding to the call, congress The handicapped workers knew that the contract was
Discuss. order on favor of employees with expired contract passed two innovative legislative measures, namely: (1) only for a period of six-months and the same period was
because there is no longer employer-employee a law abolishing the security of tenure clause in the labor provided in their employment contracts. After six
Answer: relationship. But if the compliance order was issued Code and (2) a law allowing contractualization in all months, the bank terminated their employment on the
He is a casual employee if he did not rendered when the contract was not yet expired the compliance areas needed in the employer’s business operations. ground that their contract has expired. This prompted
service for at least 1 year otherwise he is considered order was valid. However to soften the impact of these new measures, the the workers to file with the Labor Arbiter a complaint for
regular even if carpenter performs an activity not law requires that all employers shall obtain mandatory illegal dismissal. Will their action prosper? Why or why
necessary or desirable to the usual business or trade of 14. Super Comfort Hotel employed a regular pool of extra unemployment insurance coverage for all their not?
the employer. waiters who are called or asked to report for duty when employees. The constitutionality of the two laws is
the Hotel’s volume of business is beyond the capacity of challenged in court. As judge, how will you rule? Answer: The action will not prosper. They are being
13. Savoy Department Store (SDS) adopted a policy of the regularly employed waiters to undertake. Pedro has hired on a fixed period employment.
hiring salesladies on five-month cycles. At the end of a been an extra waiter for more than 10 years. He is also Answer:
saleslady’s five-month term, another person is hired as called upon to work on weekends, on holidays and when A law abolishing security of tenure is 22. Mr. Del Carmen unsure if his foray into business (
replacement. Salesladies attend to store customers, were there are big affairs at the Hotel. What is Pedro’s status unconstitutional because the security of tenure is a messengerial service catering purely to law firms) would
SDS uniforms, report at specified hours and are subject as an employee under the Labor Code? Why? Explain constitutional right of the worker. But contractualization succeed but intending to go long-term if he hurdles the
to SDS workplace rules and regulations. Those who your answer fully. is not unconstitutional because it will not violate security first year, opted to open his operations with one-year
refuse the 5-month employment contract are not hired. of tenure. They cannot be terminated within their contracts with two law firms although he also accepts
The day after expiration of her 5-month engagement, Answer: contract period without just and authorized cause. Their messengerial service requests from other firms as their
Lina wore her SDS white and blue uniform and reported Regular Seasonal worker. There is repeated right of security tenure is not impaired. orders come. He started with one permanent secretary
for work but was denied entry into the store premises. hiring every season. When the hotel will not rehire Pedro and six messengers on a one-year, fixed-term, contract.
Agitated, she went on a hunger strike and stationed on such season it amounts to constructive or illegal 18. A was hired to work in a sugar plantation performing Is the arrangement legal from the perspective of labor
herself in front of one of the gates of SDS. Soon thereafter, dismissal. such tasks as weeding, cutting and loading canes, standards?
other employees whose 5-month term had also elapsed planting cane points, fertilizing and cleaning the d. Yes, because the business is temporary and the
joined Lina’s hunger strike. 15. Diosdado, a carpenter was hired by Building drainage. Because of his daily presence in the field was contracted undertaking is specific and time-bound.
a) Lina and 20 other salesladies filed a complaint for Industries Corporation (BIC) and assigned to build a not required, A also worked as a houseboy at the house
illegal dismissal, contending that they are SDS regular small house in Alabang. His contract of employment of the plantation owner. For the next planting season, the
23. Mr. Ortanez has been in the building construction
business for several years. He asks you, as his new labor
counsel, for the rules he must observer in considering
regular employment in the construction industry.
You clarify that an employee, project or non-project, will
acquire regular status if _______. (1%)
b. his contract of employment has been repeatedly
renewed, from project to project, for several years

24. Aleta Quiros was a faculty member of BM Institute, a

private educational institution. She was hired on a year-
to-year bsis under the probationary employment period
provision of the Manual of Regulations for Private
Schools. The terms and conditions of her engagement
were defined under her renewable yearly contract. For
reasons of its own, BM Institute no longer wanted to
continue with Aleta’s teaching sevices. Thus, after the
contract for her second year expired, BM Institute
advised Aleta that her contract would no longer be
renewed. This advice prompted Aleta to file a complaint
for illegal dismissal against BM Institute. Will the
complaint prosper? (1%)
a. Yes, because no just or authorized cause existed
for the termination of her probationary
employment.

Hambergis, Inc. She was hired as a contractual employee

four years ago. Her contracts would be for duration of
five (5) months at a time, usually after a one month
interval. Her rehiring was contingent on her
performance for the immediately preceding contract. Six
(6) months after the expiration of her last contract, Lucy
went to Hambergis personnel department to require
why she was not yet being recall to work. She was told
that her performance during her last contact was “below
average”. Lucy seeks your legal advice about her chances
of getting her job back. What will your advice be?

Answer:
I will advise Lucy to file a complaint of illegal
dismissal. The repeated rehiring of Lucy’s services for
four years are sufficient evidence that she performed
activities necessary or indispensable to the usual
business or trade of employer. She is considered a
regular employee because of the fact of repeated
rehiring. As provided by law, successive renewal of fixed
period employment will result in a regular employment.
Lucy is performing activity necessary or desirable to the
usual business of Hambergis.