Ayon sa Guidelines Governing the Employment of Workers in the Construction Industry, DOLE Department Order No. 019-93 (DOLE Department Order No. 019-93), ang project employees ay iyong mga “employed in connection with a particular construction project or phase… and whose employment is co-terminus with each project or phase of the project to which they are assigned.”
Para ma-determina kung project employee nga ang isang employee, ang factors na tinitignan ay ang sumusunod:
- The duration of the specific/identified undertaking for which the worker is engaged is reasonably determinable.
- Such duration, as well as the specific work/service to be performed, is defined in an employment agreement and is made clear to the employee at the time of hiring.
- The work/service performed by the employee is in connection with the particular project/undertaking for which he is engaged.
- The employee, while not employed and awaiting engagement, is free to offer his services to any other employer.
- The termination of his employment in the particular project/undertaking is reported to the Department of Labor and Employment (DOLE) Regional Office having jurisdiction over the workplace within 30 days following the date of his separation from work, using the prescribed form on employees’ terminations/dismissals/suspensions.
- An undertaking in the employment contract by the employer to pay completion bonus to the project employee as practiced by most construction companies.
Gayunman, kahit nga hindi maituturing na retgular employee ang isang project employeenakasaad rin sa Section 3.1 ang mga karapatan niya:
“Security of tenure. Project employees who have become regular shall enjoy security of tenure in their employment as provided under Article 280 of the Labor Code, as amended. Where their services are terminated for a cause/causes, they are not by law entitled to separation pay. The just causes for terminating employment are enumerated under Article 282 of the Code. Where the services of regular employees are terminated for any of the authorized causes under Article 283, as distinguished from just causes, they are entitled to separation pay.
3.2 Project employees not entitled to separation pay. — The project employees contemplated by paragraph 2.1 hereof are not by law entitled to separation pay if their services are terminated as a result of the completion of the project or any phase thereof in which they are employed. Likewise, project employees whose services are terminated because they have no more to do or their services are no longer needed in the particular phase of the project are not by law entitled to separation pay.
3.3 Project employees entitled to separation pay. —
a) Project employees whose aggregate period of continuous employment in a construction company is at least one year shall be considered regular employees, in the absence of a “day certain” agreed upon by theparties for the termination of their relationship. Project employees who have become regular shall be entitled to separation pay.
A “day” as used herein, is understood to be that which must necessarily come, although it may not be known exactly when. This means that where the final completion of a project or phase thereof is in fact determinable and the expected completion is made known to the employee, such project employee may not be considered regular, notwithstanding the one-year duration of two or more employments in the same project or phase of the project.
The completion of the project or any phase thereof is determined on the date originally agreed upon or the date indicated on the contract or, if the same is extended, the date of termination of project extension.
b) If the project or the phase of the project the employee is working on has not yet been completed and his services are terminated without just cause or authorized cause and there is no showing that this services are unsatisfactory, the project employee is entitled to reinstatement with backwages to his former position or substantially equivalent position. If the reinstatement is no longer possible, the employee is entitled to his salaries for the unexpired portion of the agreement.
3.4 Completion of the project. — Project employees who are separated from work as a result of the completion of the project or an phase thereof in which they are employed are entitled to the pro-rata completion bonus if there is an undertaking for the grant of such bonus. An undertaking by the employer to pay a completion bonus shall be an indicator that an employee is a project employee. Where there is no such undertaking, theemployee may be considered a non-project employee. The pro-rate completion bonus may be based on the industry practice which is at least the employee’s one-half (1/2) month salary for ever 12 month service and may be put into effect for any project bid (in case of bid projects) tender submitted (in case of negotiated projects) thirty (30) days from the date of issuance of these Guidelines.
3.5 Statutory benefits. — During the period of their employment, the construction employees whether project or non-project shall enjoy all the benefits due to them under the law, both monetary and non-monetary.
3.6 Payment by results. — Where the payment for work or services rendered is by results, e.g., piece rate or “pakiao”, the rate shall be determined on the basis of not less than the minimum wage applicable in the region where the construction project is located. The minimum wage rates of workers who are paid by results may be determined by the appropriate DOLE Regional Office on its initiative or upon request of interested parties.”
Para sa karagdagang impormasyon sa mga karapatan bilang manggagawa, maaring smumangguni sa 24/7 Hotline ng Department of Labor and Employment (DOLE) sa numerong 1349. Maaari ring ma-contact ang mga lokal na DOLE office sa sumusunod na link: http://ble.dole.gov.ph/index.php/contactusmenu/115-dole-regional-offices.