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ARTICLE · 13 JANUARY 2023

Project Employment Arrangements In The Philippines

SyCip Salazar Hernandez & Gatmaitan
SyCip Salazar Hernandez & Gatmaitan
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SyCip Salazar Hernandez & Gatmaitan

SyCip Salazar Hernandez & Gatmaitan

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In Toyo Seat Philippines Corporation v. Annabelle C. Velasco, et al. (G.R. No. 240774, March 03, 2021), the Supreme Court reiterated that workers may be considered project employees...

PhilippinesEmployment and HR

In Toyo Seat Philippines Corporation v. Annabelle C. Velasco, et al. (G.R. No. 240774, March 03, 2021), the Supreme Court reiterated that workers may be considered project employees regardless of the nature of the work they perform, as long as the essential elements of project employment are alleged and proven. These essential elements are: [a] that they were hired for a specific project or undertaking; and [b] the completion or termination of the project or undertaking for which they were hired has been determined at the time of their engagement.

The decision echoed the indicators of project employment, as provided in Department of Labor and Employment ("DOLE") Department Order No. 19, series of 1993, as follows: [a] the duration of the specific/identified undertaking for which the worker is engaged is reasonably determinable; [b] such duration, as well as the specific work/service to be performed, is defined in an employment agreement and is made clear to the

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