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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Labor and Social Legislation

Facts: A regional municipal water district hires Nico as a seasonal field technician to inspect and repair village water systems during the dry season from April 1 to June 30 each year. The written contract states “Seasonal employment; ends June 30.” After the season ends, the district informs there is no work for the next season and does not rehire. Nico sues for illegal dismissal. (a) Identify Nico’s employment status (seasonal or regular) and name the controlling doctrine. (b) Is the end-of-season termination a dismissal? Explain. (c) Under what circumstances would a seasonal employee like Nico become a regular employee under Philippine law? Explain with reference to the pattern of hiring or the nature of the job.

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Nico is seasonal; the controlling doctrine is the project-based hire; end-of-season termination is a dismissal since the contract ends; there is no path to regularization through pattern. Nico is a seasonal employee; the controlling doctrine is the pattern-of-hiring for seasonal work; the end-of-season termination is not a dismissal when there is no ongoing work; a seasonal employee becomes regular only if there is continuing need evidenced by a recurring pattern of hiring for the same job across multiple seasons. Nico is a regular employee; the law recognizes regularity after any single continuous season; end-of-season termination is a dismissal; pattern of hiring is irrelevant to status. Nico is regular; the status cannot be seasonal if the job is time-bound; end-of-season termination is automatically a dismissal regardless of work availability.

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