G.R. No. 170181 June 26, 2008
Respondents Felicito Ibañez, Aligwas Carolino, Elmer Gacula, Enrique Dagotdot, Ruel Calda, and four other co-workers filed a complaint before the NLRC for illegal dismissal with prayer for reinstatement and full backwages against petitioners. The group alleged that the contract they have is good for three months, subject to automatic renewal if there is no notice of termination from Hanjin, and that the contract would automatically terminate upon the completion of the project. Respondents stated that they are regular employees since their tasks were usual and necessary or desirable in the usual business or trade of HANJIN.
Hanjin maintained that respondents were hired as project employees for the construction of the LRT/MRT Line 2 Package 2 and 3 Project. HANJIN and respondents purportedly executed contracts of employment, in which it was clearly stipulated that the respondents were to be hired as project employees for a period of only three months, but that the contracts may be renewed
Petitioners failed to furnish the Labor Arbiter a copy of said contracts of employment.
The Labor Arbiter found merit in the respondents’ complaint and declared that they were regular employees who had been dismissed without just and valid causes and without due process.