To establish seasonal employment, the employer must prove that: (1) the employee must be performing work or services that are seasonal in nature; and (2) he had been employed for the duration of the season.
G.R. No. 186439, 15 January 2014
Complainants number 20 filed a complaint for regularization, entitlement to the benefits under the Collective Bargaining Agreement, and attorney’s fees, against defendant their employer Universal Robina Sugar Milling Corporation (URSUMCO) and its Business Unit General Manager Rene Cabati. Previously, between February 1988 and April 1966, complainants were hired by URSUMCO on various dates and in different capacities – i.e. drivers, crane operators, bucket hookers, welders, mechanics, laboratory attendants and aides, steel workers, laborers, carpenters and masons, among others. Initially, complainants were made to execute 1 month employment contracts or for a given season. They were repeatedly rehired. Thereafter, complainants filed this complaint. By way of defense, defendant claimed that some were seasonal while others were project employees.