Practice question
A company repeatedly hires an admitted employee for its continuing ordinary operational work. The work is proved usually necessary or desirable to its business. The employer relies on a 'project worker' label, but no specific project with a duration and scope fixed at engagement is established, and no valid fixed-term, probationary or seasonal arrangement applies. Which analysis follows from Article 295?
- The label alone establishes a genuine project.
- The established continuing necessary-or-desirable work supports regularity; the unsupported project label does not establish an exception.
- Every repeated hiring automatically transfers ownership of the company.
- The employee can be dismissed at will solely because the label says project.
- The employee must accept any oral label regardless of actual facts.
Legal references
- https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html — Labor Code, Article 295 [formerly 280].
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70006 — Macalino v. Coca-Cola Beverages Philippines, Inc., GR 275357 and 275955, August 6, 2025, main decision.
Answer this question in flashcards to review your response and continue practicing.