2017 Labor Law, Q8

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%)

Quick check

Under settled Philippine jurisprudence, how are overseas seafarers classified for employment purposes?

Does continuous rehiring of a chief engineer on a vessel convert his employment into regular status under Article 295?

What governs the employment terms and termination of overseas Filipino seafarers?

When does the employment relationship between an overseas seafarer and the manning agency legally terminate?

Choices available with full access.

Why are seafarers excluded from attaining regular employment status under Philippine labor law?

Choices available with full access.

Unlock the full Labor Law answers

Learn more about these topics

1. Seafarers Contractual Status
Under Philippine labor law and settled jurisprudence, seafarers are contractual employees whose employment is fixed for a specific duration under POEA-approved employment contracts. Unlike domestic workers, seafarers are excluded from acquiring regular employment status under Article 295 of the Labor Code, regardless of continuous rehiring or performance of tasks necessary and desirable to the employer's business. Their employment strictly terminates upon the expiration of their fixed term.

2. Article 295 Exception
Article 295 of the Labor Code establishes that employees performing activities necessary or desirable in the usual business of the employer are generally deemed regular. However, maritime law and POEA regulations recognize fixed-term contracts for seafarers as a statutory exception. Repeated contract renewals for maritime workers do not convert fixed-term employment into regular status, as maritime employment contracts are governed by specific period stipulations designed to align with vessel operations.

3. POEA Contract Term
The employment relationship between an overseas seafarer and a foreign principal is governed by the standard terms of the POEA employment contract. Upon completion of the agreed contract period, the seafarer is repatriated and the employment relationship is legally severed. Subsequent rehiring constitutes an entirely new contractual engagement rather than an extension of a continuous regular employment relationship.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026