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    Espina v. Highlands Camp

    Uploaded by

    Jerald Ambe
    The document discusses a case regarding whether certain employees were considered seasonal employees or regular employees. The employees worked at a camping site performing various duties from January to June each year and were on call during other months. While the employer argued they were seasonal, the court found that the employer's business was not truly seasonal and that the employees performed the same duties year after year, making them regular employees despite sometimes working less than 6 months in a year.

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    Espina v. Highlands Camp

    Uploaded by

    Jerald Ambe
    163 views2 pages
    The document discusses a case regarding whether certain employees were considered seasonal employees or regular employees. The employees worked at a camping site performing various duties from January to June each year and were on call during other months. While the employer argued they were seasonal, the court found that the employer's business was not truly seasonal and that the employees performed the same duties year after year, making them regular employees despite sometimes working less than 6 months in a year.

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    The document discusses a case regarding whether certain employees were considered seasonal employees or regular employees. The employees worked at a camping site performing various duties from January to June each year and were on call during other months. While the employer argued they were seasonal, the court found that the employer's business was not truly seasonal and that the employees performed the same duties year after year, making them regular employees despite sometimes working less than 6 months in a year.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    163 views2 pages

    Espina v. Highlands Camp

    Uploaded by

    Jerald Ambe
    The document discusses a case regarding whether certain employees were considered seasonal employees or regular employees. The employees worked at a camping site performing various duties from January to June each year and were on call during other months. While the employer argued they were seasonal, the court found that the employer's business was not truly seasonal and that the employees performed the same duties year after year, making them regular employees despite sometimes working less than 6 months in a year.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Topic: Employment Status and Labor Contractors

    39. Espina v. Highlands Camp


    G.R. Nos. 220935 and 219868, July 28, 2020
    Ponente: Lazaro-Javier, J

    DOCTRINE: To be classified as seasonal employees, two (2) elements therefore, must concur:
    (1) they must be performing work or services that are seasonal in nature; and (2) they have
    been employed for the duration of the season.

    FACTS: Petitioners essentially averred that in 2000, Highlands hired them as cooks, cook
    helpers, utility workers, and service crew in its camping site in Iba, Zambales. For ten (10)
    years, they regularly reported for work from January to June. They were on call from July to
    September. For the entire month of October, they were required to report daily as it was the
    peak season for campers. In November or December, they were also on call depending on the
    number of campers. But Highlands' business was open to the public the whole year round.

    Every start of the year, Highlands required them to submit their biodata, medical clearances,
    medical health card, and Social Security number. In 2011, after submitting the requirements for
    rehiring, Highlands informed them they will be called once the campers arrive. But Highlands
    never did. Later, they discovered that new employees got hired instead of them.

    Petitioners filed complaints for illegal dismissal, non-payment of overtime pay, holiday pay, and
    13th month pay, with claims for moral and exemplary damages against respondent.

    Respondent argued that petitioners were seasonal employees whose work was only for a
    specific season. None of them had rendered at least six (6) months of service in a year. As
    proof, Highlands presented a summary table for years 2000-2010 showing that petitioners
    worked on the average of less than three (3) months per year.

    ISSUE/S: WON petitioners are seasonal employees. (No.)

    HELD + RATIO: To be classified as seasonal employees, two (2) elements, therefore, must
    concur: (1) they must be performing work or services that are seasonal in nature; and (2) they
    have been employed for the duration of the season. When the "seasonal" workers are
    continuously and repeatedly hired to perform the same tasks or activities for several seasons or
    even after the cessation of the season, this length of time may likewise serve as badge of
    regular employment.

    Respondents failed to show that the elements of seasonal employment are present here.

    One. Records show that Highlands' business is not seasonal. Highlands may have high or low
    market encounters within a year, or by its own terms, "peak and lean seasons" but its camping
    site does not close at any given time or season. In fact, Highlands operate and regularly offers
    its camping facilities to interested clients throughout the year.

    Two. Petitioners did not perform work or services that are seasonal in nature, nor for just a
    specific period. They served as cooks, cook helpers, utility workers, and service crew in
    Highlands' camping site regardless if it was the peak or lean season for campers. From 2000 to
    2010, they regularly reported for work from January to June. They were on call from July to
    September. For the entire month of October, they reported for work daily. In November or
    December, they were again on call depending on the number of campers.
    Three. Records are bereft of any evidence showing that petitioners freely entered into an
    agreement with Highlands to perform services for a specific period or season only. Highlands
    failed to present petitioners' employment contracts, employee files, payrolls, and other similar
    documents to prove they hired petitioners as seasonal employees and they rendered services
    for a specific season only.

    Petitioners were regular employees. The fact that Highlands required petitioners to apply for
    reemployment every year does not bar them from being regularized. Further, even if it were true
    that petitioners worked for three (3) months only in a given year, their repeated hiring for the
    same services for the past ten (10) years confers upon them the status of regular employment.

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