business or trade of the employer. The test is whether the former is usually necessary
or desirable in the usual business or trade of the employer.18[18] Nex old
The connection can be determined by considering the nature of the work performed and
its relation to the scheme of the particular business or trade in its entirety. Also, if the
employee has been performing the job for at least one year, even if the performance is
not continuous or merely intermittent, the law deems the repeated and continuing need
for its performance as sufficient evidence of the necessity if not indispensability of that
activity to the business. Hence, the employment is also considered regular, but only with
respect to such activity and while such activity exists.19[19]
In the case at bar, it is undisputed that petitioners were employees of private
respondents until their services were terminated on September 1, 1989. They served in
their capacity as Chief Engineers, performing activities which were necessary and
desirable in the business of private respondents Esso International, a shipping
company; and Trans-Global, its local manning agency which supplies the manpower
and crew requirements of Esso Internationals vessels.
It is, likewise, clear that petitioners had been in the employ of private respondents for 20
years. The records reveal that petitioners were repeatedly re-hired by private
respondents even after the expiration of their respective eight-month contracts. Such
repeated re-hiring which continued for 20 years, cannot but be appreciated as sufficient
evidence of the necessity and indispensability of petitioners service to the private
respondents business or trade.
Verily, as petitioners had rendered 20 years of service, performing activities which were
necessary and desirable in the business or trade of private respondents, they are, by
express provision of Article 280 of the Labor Code, considered regular employees.
Being regular employees, petitioners may not be dismissed except for a valid or just
cause under Article 282 of the Labor Code.20[20] In the instant case, clearly ,there was
no valid cause for the termination of petitioners. It will be recalled, that petitioner
18[18]
De Leon vs. National Labor Relations Commission, 176 SCRA 615 (1989)
19[19]
Id., at 621.
Art. 282. Termination by employer. - An employer may terminate an employment for any
of the following causes: (a) Serious misconduct or willful disobedience by the employee of the
lawful orders of his employer or representative in connection with his work; (b) Gross and
habitual neglect by the employee of his duties; (c) Fraud or willful breach by the employee of the
trust reposed in him by his employer or duly authorized representative; (d) Commission of a
crime or offense by the employee against the person of his employer or any immediate member
of his family or his duly authorized representative; and (e) Other causes analogous to the
foregoing.
20[20]