still project employee

i am a project employee working as a customer srvc rep for a big company for 5 yrs, although we are under an agency. last 2011 5 of us were picked to be on call 24/7, meaning we also work at home for an additional allowance of 3000 pesos a month, we remain as project employees even though there is another group with a similar job descrition as ours, but they were promoted as reg emp. managers said that we will remain as PE but will have an edge if there will be a position available for regularization, we agreed, but last dec when a position opened some of us were disqualified coz they said we are undergrads and they said that we will never qualify for regularization, though prev years there were employees that were elevated to reg emp even if they did not graduate, pls enlighten me, is the company just being unfair or unlawful? do we have a valid pt if we demand the company to make ur a reg emp?

Though it seems that the company is unfair for not standardizing the qualifications to be a regular employee, however, it is still a valid exercise of "management prerogative" to whom the company choose to be a regular employee.

You dont have a valid reason/point or cause to demand that you be promoted to a regular status, because:

1. Being a project employee, you are considered as a REGULAR employee during the duration of the project. (Im just wondering, are you really a project employee?, how long is the project will take?, i mean the duration thereof?)

2. The right to promote is vested to the employer, that is one of the powers included in the term "management prerogative"

3. Lastly, Your Direct employer is the agency and not the company.

** Since you were employed by an agency, i believe that you are a contractual employee, whose contract is renewable by your agency and the company without you knowing it.(This is only my theory, after you said that you were a project employee for 5 yrs.)

The company and agency call us project employees. I dont believe that there is a duration indicated in our contract.

Thank you for the adv, i just thought we can have a valid cause since our group has the same duties and obligations to that group that they automatically absorbed to become regular emp.

Thanks