Petitioner Dionarto Q. Noblejas was appointed by respondent Italian Maritime Acadamy Philippines, Inc. (IMAPI) as training instructor/assessor on a contractual basis for three months effective May 20, 2009. After the expiration of the three-month period, IMAPI hired Noblejas anew as training instructor/assessor with the same salary rate but no written contract was executed for his rehiring.
In a case for illegal dismissal filed by Noblejas against IMAPI, the former claims that he already attained the status of a regular employee because he was allowed to work beyond the stipulated period of his employment and he performed functions which were necessary or desirable in the usual business or trade of IMAPI.
Does his contention find merit?
Ruling: Yes.
Pursuant to Article 280 of the Labor Code, there are two kinds of regular employees, namely: (1) those who are engaged to perform activities that are usually necessary or desirable in the usual business or trade of the employer; and (2) those who have rendered at least one year of service, whether continuous or broken, with respect to the activities in which they are employed.
Regular employees are further classified into (1) regular employees by nature of work and (2) regular employees by years of service. The former refers to those employees who perform a particular function that is necessary or desirable in the usual business or trade of the employer, regardless of their length of service; while the latter refers to those employees who have been performing the job, regardless of its nature thereof, for at least a year.
In the case at bench, Noblejas was employed by IMAPI as a training instructor/assessor for a period of three months effective May 20, 2009. After the end of the three-month period, he was rehired by IMAPI for the same position and continued to work as such until March 16, 2010.
There is no dispute that the work of Noblejas was necessary or desirable in the business or trade of IMAPI, a training and assessment center for seamen and officers of vessels. Moreover, such continuing need for his services is sufficient evidence of the necessity and indispensability of his services to IMAPI’s business. Taken in this light, Noblejas had indeed attained the status of a regular employee at the time he ceased to report for work on March 17, 2010. (Mendoza, J., SC Third Division; Dionarto Q. Noblejas vs. Italian Maritime Academy Phils., Inc., Capt. Nicolo S. Terrei, Raceli B. Ferrez and Ma. Teresa R. Mendoza, G.R. No. 207888, June 9, 2014).
Published in the Sun.Star Cebu newspaper on February 14, 2015.
