Mercado v. NLRC
Facts:
1. Petitioners were agricultural workers of the private respondent's sugar land who were dismissed. They had worked in all agriculture phases for several years in the said sugar land. The respondent denied that petitioners were regular employees alleging that their services were engaged through 'mandarols' or supply workers to do a particular phase of the agricultural work.
2. As a result, the petitioners filed a complaint for illegal dismissal. The Labor Arbiter held that the petitioners were not regular employees and the NLRC affirmed this ruling.
Issue: W/N the petitioners are regular and permanent farm workers
RULING: No, they are project/seasonal employees. A project employee is one whose employment has been fixed for a specific project or undertaking, the completion has been determined at the time of engagement, or where work or service is seasonal in nature and employment is for the duration of the season.
As such, the termination of employment cannot be considered as illegal dismissal. The petitioners are free to contract their services to work for other farm owners.
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