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Question 8

VIII.

(Question VIII, Labor Law, 2017 Bar Exam)

Marciano was hired as Chief Engineer on board the vessel MN Australia. His contract of employment was for nine months. After nine months, he was re-hired. He was hired a third time after another nine months. He now claims entitlement to the benefits of a regular employee based on his having performed tasks usually necessary and desirable to the employer’s business for a continuous period of more than one year. Is Marciano’s claim tenable? Explain your answer. (3%)

Suggested Answer:

No. Answer

Under labor law jurisprudence, seafarers are considered as contractual employees, and not regular employees. Their employment is governed by the contracts they sign every time they are rehired and their employment is terminated when the contract expires. Their employment is contractually fixed for a certain period of time. Rule

In the case at bar, Marciano was hired as a seafarer with the position of Chief Engineer on board the vessel MN Australia. While he may have performed tasks usually necessary and desirable to the employer’s business for a continuous period of more than one year, this does not make him a regular employee as the status of seafarers as contractual employees has already been settled by jurisprudence. Apply

Thus, Marciano’s claim was not tenable. Conclusion

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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