Complete Case Title Citation: INTEGRATED CONTRACTOR AND PLUMBING

WORKS, INC., Petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION

and GLEN SOLON, Respondents. (CASE NO. 20)
G.R. NO. 152427
August 9, 2005
Quisimbing, J.
Statement of the issue/s: Whether or not private respondent, Glen Solon, shall be considered
as a regular employee when he was hired by the petitioner on its several projects for
the period of four (4) years which therefore makes his termination illegal.
Complainant’s argument/s: The petitioner contends that Solon was not a regular employee
for latter was hired in a project basis. According to the petitioner, they hired Solon as
project employee and thus they have the discretion to re-assign or not such employee
to other project without violating any laws.
Respondent’s argument/s: The public respondent stated that Solon was a regular employee
and thus he cannot be terminated with just cause and due process.
Decision of the Court: Yes, Glen Solon is a regular employee.
Ratio: The Supreme Court held that although Glen Solon was indeed hired as a project
employee, since the tasks performed by the latter were necessary in the normal course
of business of the petitioner, such employment shall already be considered as that of
regular, as provided for by Article 280 of the Labor Code of the Philippines. “The
patter of re-hiring and the recurring need for his services are sufficient evidence of the
necessity and indispensability of such services to petitioner’s business or trade.” In
addition, the Court added that an employee who has been performing job for at least
one (1) year, regardless if it’s continuous or intermittent, such shall be considered as a
repeated and continuing need for its performance which is deemed to be necessary for
the activity of the business.