CASE DIGEST: ST. THERESA'S SCHOOL OF NOVALICHES FOUNDATION vs. NLRC. G.R. No. 122955. April 15, 1998

FACTS: 

Petitioner Roxas, president of the School, hired private respondent Reyes on a contract basis for a period of 9 months starting from June 1, 1991 to March 31, 1992. During the said period, respondent became ill. On March 2, 1992, private respondent reported for work, but she only stayed in her place of work from 6:48-9:38am. thereafter, she never returned. Petitioners theorize that the respondent abandoned her work. On the other hand, the latter maintains that she was replaced. On March 25, 1992 petitioners informed the respondent that his contract would not be renewed. Respondent filed a complaint against petitioner to NLRC for illegal dismissal. The latter affirms that respondents dismissal is indeed illegal.

ISSUE:

Whether respondents' dismissal is illegal despite the fact that the employment is in a contract basis.

RULING:

No, respondent's dismissal is not illegal. Article 280 of the Labor Code does not proscribe an employment contract with a fixed period provided the same is entered into by the parties, without any force, duress, or improper pressure being brought to bear upon the employee and absent any other circumstances vitiating consent. There is also nothing essentially contradicting in the definite period of employment and the nature of employee's duties.

It goes without saying that contracts or employment govern the relationship of the parties. In this case, private respondent's contract provided for a fixed term of nine months. Such stipulation, not being contrary to law, morals, public order and public policy, is valid, binding and must be respected.

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