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 only. Not an official answer and not legal advice.
**No**, Marciano's claim is not tenable. Under settled jurisprudence (*Millares v. NLRC*, *Coyoca v. NLRC*), seafarers are contractual employees for a fixed term whose employment is governed by the specific contracts they sign. They are an exception to
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Quick check
Under settled Philippine jurisprudence, how are overseas seafarers classified for employment purposes?
Seafarers are contractual employees whose employment is governed by fixed-term contracts.
Does continuous rehiring of a chief engineer on a vessel convert his employment into regular status under Article 295?
Seafarers are an exception to Article 295 and do not attain regular employment through continuous rehiring.
What governs the employment terms and termination of overseas Filipino seafarers?
Seafarers are governed by POEA-approved fixed-term employment contracts.
When does the employment relationship between an overseas seafarer and the manning agency legally terminate?
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Why are seafarers excluded from attaining regular employment status under Philippine labor law?
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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.