(Labor Law – Seafarers are not considered regular employees)
Facts: Petitioner services as radio officer on board respondent’s different vessels were terminated due to the installation of labor saving devices which made his services redundant. Petitioner argued that aside from the incentive bonus and additional allowances that he is entitled, he should be considered as a regular employee of respondent company, having been employed onboard the latter’s different vessels for the span of 10 years and thus, entitled to back wages and separation pay.
Issue: WON seafarers are considered regular employees.
Held: No. Petitioner cannot be considered as a regular employee notwithstanding that the work he performs is necessary and desirable in the business of the respondent company. The exigencies of the work of seafarers necessitates that they be employed on a contractual basis. Thus, even with the continued re-hiring by respondent company of petitioner to serve as radio officer onboard the former’s different vessels, this should be interpreted not as a basis for regularization but rather a series of contract renewals.
CASE EATER 