Practice question
A construction company argues that filing a termination form conclusively makes a worker project-based, although no specific undertaking or duration was identified at hiring. The worker argues that the same form can never be considered at all. Which is sound?
- The form invariably cures all hiring defects
- All construction employment is automatically project employment
- The employee’s position is necessarily correct
- The form is relevant as an indicator but cannot replace the essential Article 295 inquiry
- Project identification need only occur after dismissal
Legal references
- Toyo Seat, G.R. 240774, March 3, 2021; DO19-1993, Section 2.2: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/27/67327
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