Concern in English:
Good morning. I am an employee who has been working for over a year but have not been regularized yet. I have been asked to sign a new contract.

∇ Legal Contemplator

1. Foundational Observations

The concern revolves around non-regularization after more than a year of employment.
The new contract could have implications for employment status, benefits, and security of tenure.
Philippine labor law emphasizes protecting workers’ rights, particularly with regard to regularization and employment stability.

2. Understanding Employment Regularization in Philippine Labor Laws

Under Article 295 of the Labor Code of the Philippines, an employee who has rendered at least six months of service is generally considered a regular employee.
- This rule exists to prevent abuse of probationary periods and to ensure that employers provide stable jobs after a reasonable trial period.
- A probationary period exceeding six months is only permitted under specific circumstances (e.g., when the nature of the work or industry justifies it).
If a worker continues employment beyond the probationary period without being regularized, the law assumes the worker is a regular employee by default.

3. Key Questions to Explore

3.1. Why hasn’t regularization occurred after more than a year?

Is this due to the employer’s decision to continually extend probationary terms?
Are there specific conditions in the employee’s role or the industry that might justify extended probation (e.g., projects requiring fixed-term contracts)?
Could there be possible oversight or intentional non-compliance by the employer?

3.2. What does the new contract entail?

Is the new contract merely an extension of the probationary period?
- If so, it could violate labor laws unless explicitly justified.
Does the new contract include terms consistent with regular employment, such as security of tenure, benefits, and proper termination processes?

3.3. Does signing the new contract waive any rights?

Could signing the new contract inadvertently relinquish the right to regularization?
- For example, agreeing to a new probationary period might reset the timeline for becoming a regular employee.

4. Initial Hypotheses and Counterarguments

4.1. Hypothesis: The employer is avoiding regularization intentionally.

Evidence: More than a year of employment with no regularization.
Counterargument: The nature of the work might justify contractual extensions, though this would be uncommon without explicit reason.

4.2. Hypothesis: The new contract is an attempt to reclassify the employee.

Evidence: Introduction of a new contract despite tenure exceeding six months.
Counterargument: The new contract might formalize the employee’s transition to a regular status.

5. Exploring Legal Protections and Rights

5.1. Right to Regularization

Once six months of service are completed, the worker has a legal claim to regularization unless a valid exception applies.
Non-regularization without cause constitutes a violation of labor law and may entitle the employee to remedies such as reinstatement or back wages.

5.2. Protection Against Contractual Exploitation

The Department of Labor and Employment (DOLE) prohibits schemes that circumvent regularization through contractual manipulation.
Repeated short-term contracts for work essential to the business may be deemed illegal labor-only contracting.

5.3. Remedies Available

File a complaint with DOLE for proper classification and benefits.
Engage with a labor lawyer or union representative to safeguard rights.

6. Practical Considerations Before Signing the New Contract

6.1. Request Clarification

Ask the employer to clarify why regularization has not occurred.
Inquire about the legal basis for the new contract.

6.2. Examine the New Contract Thoroughly

Seek legal advice to ensure the new contract does not waive existing rights or reset probationary timelines.

6.3. Document Everything

Keep copies of employment contracts, pay slips, and communications to establish a timeline of events.

7. Revisiting the Initial Questions
After this exploration, it seems highly likely that the non-regularization is problematic. Unless there are exceptional circumstances justifying the delay, the employee appears entitled to regularization under Philippine labor law. Signing a new contract could potentially jeopardize this entitlement, especially if it reclassifies the worker or resets their probationary period.

Final Answer:
You are likely entitled to regularization under Philippine labor laws, as you have been employed for more than six months. Before signing the new contract, it is crucial to:

Request clarification from your employer regarding your employment status.
Seek legal advice to ensure your rights are not waived or compromised by the new contract.
File a complaint with DOLE if you believe your employer is circumventing your regularization.