Ponente: FELICIANO, J.
[P]etitioners, as employees of private respondent National Steel Corporation (NSC), filed separate complaints for unfair labor practice, regularization and monetary benefits with the NLRC, Sub-Regional Arbitration Branch XII, Iligan City. The complaints were consolidated and after hearing, the Labor Arbiter declared petitioners “regular project employees who shall continue their employment as such for as long as such [project] activity exists,” but entitled to the salary of a regular employee pursuant to the provisions in the collective bargaining agreement. It also ordered payment of salary differentials.
The NLRC in its questioned resolutions modified the Labor Arbiter’s decision. It affirmed the Labor Arbiter’s holding that petitioners were project employees since they were hired to perform work in a specific undertaking — the Five Years Expansion Program, the completion of which had been determined at the time of their engagement and which operation was not directly related to the business of steel manufacturing. The NLRC, however, set aside the award to petitioners of the same benefits enjoyed by regular employees for lack of legal and factual basis.
The law on the matter is Article 280 of the Labor Code, where the petitioners argue that they are “regular” employees of NSC because: (i) their jobs are “necessary, desirable and work-related to private respondent’s main business, steel-making”; and (ii) they have rendered service for six (6) or more years to private respondent NSC.
Whether or not petitioners are considered “permanent employees” as opposed to being only “project employees” of NSC.
NO. Petition for Certiorari dismissed for lack of merit. NLRC Resolutions affirmed.
Function of the proviso. Petitioners are not considered “permanent employees”. However, contrary to petitioners’ apprehensions, the designation of named employees as “project employees” and their assignment to a specific project are effected and implemented in good faith, and not merely as a means of evading otherwise applicable requirements of labor laws.
On the claim that petitioners’ service to NSC of more than six (6) years should qualify them as “regular employees”, the Supreme Court believed this claim is without legal basis. The simple fact that the employment of petitioners as project employees had gone beyond one (1) year, does not detract from, or legally dissolve, their status as “project employees”. The second paragraph of Article 280 of the Labor Code, quoted above, providing that an employee who has served for at least one (1) year, shall be considered a regular employee, relates to casual employees, not to project employees.