Legal Question in Employment Law in Philippines

for contractual employees, how long should the employee last? our company lawyer said that all of the call center agents are contractual which means their contract is co terminus with the said account, so if the account lasts for 2 years, for example, their contract is for 2 years and after that, once the account closes, their contract is already over and there are no benefits like separation pay, etc.

what I know is, the contract should last for only 5 months, then the employee would be regularized if the employer would not finish the term.

Which is which? Is our company lawyer telling the truth, or is she as oppressive as my employer as well?


Asked on 4/19/13, 6:38 am

1 Answer from Attorneys
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

Fixed period contract is not prohibited by law unless it will be used to circumvent the right to security of tenure. The 2 year period is legal as long as after the expiration of the contract it will not be renewed time and again involving the same account otherwise that is prohibited by law.

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Answered on 4/19/13, 8:07 am


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