Can project employees become regular employees?
The employment of a project employee ends on the date specified in the employment contract. Therefore, respondent was not illegally dismissed but his employment terminated upon the expiration of his employment contract. Here, Alcatel employed respondent as a Site Inspector until 31 December 1995.
A project employee or a member of a work pool may acquire the status of a regular employee when the following concur:
[1] There is a continuous rehiring of project employees even after the cessation of a project; and
[2] The tasks performed by the alleged “project employee” are vital, necessary and indispensable to the usual business or trade of the employer. (G.R. No. 174316; July 23, 2009)