Pier 8 Arrastre (PASSI) v. Baclot Digest

Pier 8 Arrastre (PASSI) v. Baclot 

Facts:

The petitioner company provided arrastre services at Pier 8 and employs stevedores for loading and unloading of cargoes from vessels. Private respondent Baclot was hires as a stevedore. When PPA took over PASSI, it absorbed its workers as well as the relievers. Baclot then filed a complaint alleging that he should be considered as a regular since he rendered a total of 1 year work to the company. On the other hand, the petitioner alleged that he was merely hired as a reliever stevedore and could not become regular.

Issue: W/N the private respondent is a regular employee

RULING: Yes, he is a regular employee but on a different basis. The standards in determining whether one is a regular or a casual or project employee is laid down in Art. 280 of the Labor Code. It is provided therein a regular employee is one who performs activities necessary and desirable in the usual trade or business of the employer except project or seasonal employees. 

Moreover, Art. 281 considers a regular employee as one who is allowed to work after a probationary period. The respondent is similar to that of a project/seasonal employee but on a daily basis. Finally, he is deemed as a casual under the 2nd par. of Art. 280, also under the CBA provisions between PASSI and the workers' union, where a union shop was adopted, it was provided that the petitioner shall agree to convert to regular status all incumbent probationary or casual employees of PASSI who served it for not less than 6 months from the date of hiring.