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PROJECT EMPLOYMENT * Project Employee - a person whose employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee PROJECT EMPLOYEE AS DISTINGUISHED FROM REGULAR OR NON-PROJECT EMPLOYEES: Those who are hired for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee ! AS A RULE, PROJECT EMPLOYEES NOT ENTITLED TO SEPARATION PAY AS A RESULT OF COMPLETION OF PROJECT OR PHASE FOR W/C THEY WERE EMPLOYED (EXCEPT WHEN TERMINATED BEFORE THE PROJECT WAS COMPLETED) 2 TYPES OF ACTIVITIES IN PROJECT: 1. Job or undertaking within the regular or usual business of the employer but which is distinct and separate and identifiable from the other undertakings of the company. That job or undertaking begins and ends at determined or determinable times 2. An undertaking not within the regular business of the employer but which is identifiably separate and distinct from the ordinary or regular business operations of said employer ! CONTRACTS FOR PROJECT EMPLOYMENT ARE VALID UNDER THE LAW TEST TO DETERMINE W/NOT EMPLOYEES HIRED ARE PROJECT EMPLOYEES: W/not the project employees were assigned to carry out a specific project or undertaking, the duration and scope of which were specified at the time the employees were engaged for that project EFFECT OF FAILURE TO REPORT THE TERMINATION OF PROJECT TO NEAREST PUBLIC EMPLOYMENT OFFICE: Clear indication that the workers involved were not and are not project employees WHEN EMPLOYEE IS REMOVED FROM THE SCOPE OF PROJECT EMPLOYMENT: Shall be considered regular employee WHEN PROJECT EMPLOYEE MAY ACQUIRE STATUS OF REGULAR EMPLOYMENT: 1. there is a continuous rehiring of the project employee even after cessation of the project 2. the task performed by the project employee are vital, necessary and indispensable to the usual business or trade of the employer