Legal Question in Employment Law in Philippines
What are the conditions for contractual employees? I'm working at a call center. I am considered as a regular employee. I am concerned however with the others.
Just recently our lawyer revealed the status of their employment. She said that the nature of BPO industry is said to be contractual and that all employees are contractual only. Employees were shocked because some have been working for the company for years. None of them knew about this and considering all of them were direct-hire. No one has ever signed a contract of employment before. I think my boss is just trying to evade all liabilities just in case an account would close or cases concerning separation pay and other benefits, such as maternity leave, medical benefit and the like.
All of the call centers that I know do not do this type of contractual employment. Can these employees file a lawsuit against my boss?
1 Answer from Attorneys
Your employer cannot circumvent the law by giving the employees contracts every time it expires. That will undermine the right to security of tenure. They are deemed regular employees by the passage of time.
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