This case has been cited 1 times or more.
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2004-08-20 |
YNARES-SATIAGO, J. |
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| The second and third grounds raised in this petition are related, based on petitioner's allegation that he should be considered a regular employee of respondent company, having been employed onboard the latter's different vessels for the span of 10 years. Hence, petitioner claims that he is entitled to backwages or at the very least separation pay, invoking our decision in Millares, et al. v. NLRC[12] where it was held that the repeated re-hiring of a Chief Engineer of a shipping company for 20 years is sufficient evidence of the necessity and indispensability of the employee's service to the employer's business or trade. Hence, applying the express provision of Article 280 of the Labor Code,[13] such an employee should be considered as a regular employee. | |||||