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Labor law

2. Jeepney driver under boundary system: E-E relationship

Therein we explained that in the lease of chattels the lessor loses complete control over the chattel
leased although the lessee cannot be reckless in the use thereof, otherwise he would be responsible
for the damages to the lessor. In the case of jeepney owners/operators and jeepney drivers, the
former exercise supervision and control over the latter. The fact that the drivers do not receive
fixed wages but get only that in excess of the so-called "boundary" they pay to the owner/operator
is not sufficient to withdraw the relationship between them from that of employer and employee.
The issue of the appreciation of the supposed victim's testimony is vital in the determination of
whether there was a valid dismissal, for the burden of proving the same rests with the employer.
The appreciation of the witness' testimony, therefore, falls within the ambit of "interpretation abd
implementation of the Labor Code."
4. Whether or not seafarers are considered regular employees under Article 280 of the Labor Code.
No. Seafarers are not considered regular employees. "There are certain forms of employment
which also require the performance of usual and desirable functions and which exceed one year
but do not necessarily attain regular employment status under Article 280. Overseas workers
including seafarers fall under this type of employment(Millares v. NLRC)
the Supreme Court ruled that seafarers are considered contractual employees. They can not be
considered as regular employees under Article 280 of the Labor Code. Their employment is
governed by the contracts they sign everytime they are rehired and their employment is terminated
when the contract expires. Their employment is contractually fixed for a certain period of time.
They fall under the exception of Article 280 whose employment has been fixed for a specific
project or undertaking the completion or termination of which has been determined at the time of
engagement of the employee or where the work or services to be performed is seasonal in nature
and the employment is for the duration of the season.