Als2014blaborii 3 4 5 preventivesuspension

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Unformatted text preview: 
 undertaking
 the
 completion
 or
 termination
of
which
has
been
determined
at
the
time
of
the
 engagement
of
the
employee
 Project
 employees
 in
 the
 construction
 industry
 (Fernandez
 v.
 NLRC)
 32
 Project
employees
are
those
employed
in
connection
with
a
 particular
 construction
 project.
 Non‐project
 employees
 are
 those
 employed
 by
 a
 construction
 company
 without
 reference
to
a
particular
project
 • Indicators
of
project
employment
 o Duration
of
the
specific/identified
undertaking
for
which
the
 worker
is
engaged
is
reasonably
determinable
 o Such
 duration,
 as
 well
 as
 the
 specific
 work/service
 to
 be
 performed,
 is
 defined
 in
 an
 employment
 agreement
 and
 is
 made
clear
to
the
employee
at
the
time
of
hiring
 o Work
 is
 in
 connection
 with
 the
 particular
 project/undertaking
for
which
he
is
engaged
 o Employee,
while
not
employed
and
awaiting
engagement,
is
 free
to
offer
his
services
to
any
other
employer
 • Work
pool
 o Members
of
a
work
pool
from
which
a
construction
company
 draws
the
project
employees,
if
considered
employee
of
the
 construction
 company
 while
 in
 the
 work
 pool,
 are
 non‐ project
 employees
 or
 employees
 for
 an
 indefinite
 period.
 If
 they
are
employed
in
a
particular
project,
the
completion
of
 the
project
or
any
phase
thereof
will
not
mean
severance
of
 employer‐employee
relationship
 o An
 employee
 in
 the
 work
 pool
 is
 not
 necessarily
 a
 regular
 employee;
he
may
also
be
a
project
employee
 o A
 work
 pool
 may
 exist
 although
 the
 workers
 in
 the
 pool
 do
 not
 receive
 salaries
 and
 are
 free
 to
 seek
 other
 employment
 during
 temporary
 breaks
 in
 the
 business,
 provide
 that
 the
 worker
shall
be
available
where
called
to
report
for
a
project.

 o A
project
employee
or
a
member
of
a
work
pool
may
acquire
 the
status
of
a
regular
employee
when
the
following
occur
–
 There
is
a
continuous
rehiring
of
project
employees
 even
after
cessation
of
a
project
 The
 tasks
 performed
 by
 the
 alleged
 project
 employee
are
vital,
necessary
and
indispensable
to
 the
usual
business
or
trade
of
the
employer
 o The
 length
 of
 time
 during
 which
 the
 employee
 was
 continuously
rehired
is
not
controlling,
but
merely
serves
as
 a
badge
of
regular
employment
 • Non­project
employee;
three
types
(De
Jesus
v.
Philippine
National
 Construction) o Probationary
employees
 o Regular
employees
 o Casual
employees
 • “Completion
 of
 project”
 not
 valid
 reason
 to
 separate
 a
 project
 employee
who
has
become
regular
 Seasonal
employment;
“regular
season”
after
one
season
 • Seasonal
 employees
 are
 considered
 regular
 employees.
 Regular
 seasonal
employees
are
tho...
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