Nlrc mendoza filed a complaint for illegal dismissal

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Unformatted text preview: specified
period
of
time.
 o BUT
he
is
deemed
regular
in
2
senses
–
 Nature
of
his
work
is
necessary
or
desirable
in
the
 principal
business
of
the
employer
 He
enjoys
security
of
tenure
during
the
limited
time
 of
his
employment
 o Before
 the
 end
 of
 the
 agreed
 period,
 employee
 cannot
 be
 removed
 without
 a
 valid
 cause.
 Otherwise,
 illegal
 dismissal
 and
 breach
 of
 contract,
 in
 which
 case,
 the
 employee
 is
 entitled
 to
 payment
 of
 his
 salaries
 corresponding
to
the
unexpired
portion
of
his
contract
 Illegal
“fixed
period
employment;”
Brent
ruling
clarified
 o Cielo
v.
NLRC
 Cielo
 was
 a
 truck
 driver
 who
 claimed
 he
 was
 illegally
dismissed
by
Henry
Lei
Trucking
Company.
 NLRC
 upheld
 the
 dismissal,
 claiming
 that
 the
 employment
contract
had
expired
 Agreement
 stipulated
 6
 months.
 He
 should
 have
 been
 terminated
 on
 December
 31.
 But
 he
 was
 notified
of
the
termination
on
December
22.
 Lalay
Abala.
ALS2014B.
Labor
II.
 There
 is
 no
 question
 that
 the
 purpose
 behind
 the
 individual
contracts
was
to
evade
the
application
of
 the
 labor
 laws
 by
 making
 it
 appear
 that
 the
 drivers
 of
 the
 trucking
 company
 were
 not
 its
 regular
 employees.
 By
 this
 scheme,
 the
 employer
 could
 also
 prevent
 the
 drivers
 from
 becoming
 regular
 employees,
and
thus
be
entitled
to
security
of
tenure
 and
other
benefits.
 Where
 from
 the
 circumstances
 it
 is
 apparent
 that
 periods
have
been
imposed
to
preclude
acquisition
of
 tenurial
 security
 by
 the
 employee,
 they
 should
 be
 struck
 down
 or
 disregarded
 as
 contrary
 to
 public
 policy,
 morals.
 The
 agreement
 in
 question
 had
 such
 purpose
and
so
was
null
and
void.
 Effects
 of
 retention
 of
 employee
 beyond
 the
 period
 of
 employment
 o It
will
be
presumed
prima
facie
that
he
is
serving
under
a
 new
contract
having
the
same
terms
and
conditions
as
the
 original
one
 o This
presumption
may
be
rebutted
by
evidence
showing
a
 change
 of
 terms
 of
 the
 contract,
 or
 by
 proof
 of
 facts
 and
 circumstances
 showing
 that
 the
 parties
 understood
 that
 the
 terms
 of
 the
 old
 contract
 were
 not
 to
 apply
 to
 the
 continued
service
 o Viernes
v.
NLRC
 BENECO
 contracted
 the
 services
 of
 15
 complainants
 as
 meter
 readers
 for
 24
 days.
 But
 they
 were
 allowed
 to
 work
 beyond
 the
 24
 days.
 Afterwards,
 they
 received
 notices
 of
 termination.
 Comp...
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