Project Employment Contract

Summary

⦁ A project employment contract is an employment arrangement between an employer and a project employee wherein the latter’s employment has been fixed for a specific project or undertaking.

⦁ The project’s completion or termination should be determined or determinable at the time of the engagement of the project employee.

⦁ The existence of a project is vital to the validity of the project employment.

⦁ Project employment is co-terminus with the project.

⦁ Non-compliance of the requirements may result in the employee being reclassified as a regular employee.

1. Legal basis

Labor CodeART. 295. [280] Regular and Casual Employment.  The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee…

a. Concepts

Project employment contract – refers to an employment arrangement wherein a project employee’s employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee, as defined under the Labor Code.

Project ...

 



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