Saturday, November 03, 2007 Employment with fixed period By Dominador A. Almirante Labor case digest
ON various dates in 1992, petitioners entered into contracts of employment with respondent M.Y. San Biscuits Inc. as mixers, packers and machine operators for a fixed term. On the expiration of their contracts, their services were terminated. Forthwith, they each executed a quit claim.
On April 15, 1993, petitioners filed complaints for illegal dismissal, labor standard benefits, damages and attorney’s fees. They claimed they were regular employees performing duties necessary and desirable in respondent company’s business. Did their claim find merit?
Ruling: No.
Simply put, petitioners were not regular employees. While their employment as mixers, packers and machine operators was necessary and desirable in the usual business of respondent company, they were employed temporarily only, during periods when there was heightened demand for production.
Consequently, there could have been no illegal dismissal when their services were terminated on expiration of their contracts. There was even no need for notice of termination because they knew exactly when their contracts would end. Contracts of employment for a fixed period terminate on their own at the end of such period.
Contracts of employment for a fixed period are not unlawful. What is objectionable is the practice of some scrupulous employers who try to circumvent the law protecting workers from the capricious termination of employment. Employers have the right and prerogative to choose their workers. (Bernardino Labayog, et. al. versus M.Y. San Biscuits Inc., et. al. G.R. No. 148102, July 11, 2006).
