2017 (Labor Law) Bar Exam Questions: Question 8

[Answer/discuss the question below, or see 2017 bar exam Labor Law Instructions; 2016 Labor Law and Social Legislation Questions: 12345679101112, and 13; See also 2017 Bar Exam: Information, Discussions, Tips, Questions and Results]


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%)

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