Can part-timers demand regularization? YES!


Workers who are hired initially as temporary part-timers may demand that their status be converted not to regular part-timers but to regular full-timers if the circumstances warrant such conversion.

In Philippine Airlines, Inc. v. Pascua, which involves the issue of regularization of part-time workers to full-time workers, the Supreme Court ruled that although the respondent-employees were initially hired as part-time employees for one (1) year, thereafter the over-all circumstances with respect to the duties assigned to them, number of hours they were permitted to work including overtime, and the extension of their employment beyond two (2) years can only lead to the conclusion that they should be declared full-time regular employees.
In other words, the nature of duties, the number of hours worked and the fact of extension of service are factors in determining whether a part-timer can demand a regular-employee status with respect to the activity in which he is employed. If so, his employment cannot be terminated without just or authorized cause while such activity actually exists.

Evidently, in the above-mentioned case, there was a continued and repeated necessity for their services, which puts to naught the contention that the workers, beyond the one-year period, still continued to be temporary part-time employees. Article 280 of the Labor Code of the Philippines provides that any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed, and his employment shall continue while such activity actually exists. (G.R. No. 143258; August 15, 2003)

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