Batocabe Law

When is a fixed-term employment contract valid? Two conditions must be met:1

  • The employee willingly agreed to the fixed term. This means the employee clearly understood and accepted the contract period, and was not forced, pressured, or tricked into agreeing.
  • The employer and employee dealt with each other fairly and as equals. This means the employer did not take advantage of the employee or use their position to pressure the employee into accepting the fixed term.

What are examples of jobs that are recognized to have general fixed-term contracts?2

  • Overseas Filipino workers
  • Dean, assistant dean, college secretary, principal
  • Vice presidents

What are examples of jobs where the first element was met, but the second element was not?

  • Television Technicians3
  • Cannery workers4
  • Filing / releasing clerk5

* In these cases, the fixed-term contract was invalidated. They were deemed regular employees.

  1. Brent School v. Zamora (1990) ↩︎
  2. Id. ↩︎
  3.  GMA Network v. Pabirga (2013) ↩︎
  4. Pure Foods Corporation v. NLRC (1997) ↩︎
  5. Claret School of Quezon City v. Sinday (2019) ↩︎