4/9/2020
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On his part, respondent maintains that the CA committed no reversible error in
rendering the assailed decision.
The petition is partly meritorious.
Retrenchment is the reduction of work personnel usually due to poor financial returns,
aimed to cut down costs for operation particularly on salaries and wages.[22] It is one
of the economic grounds to dismiss employees and is resorted by an employer primarily
to avoid or minimize business losses.[23]
Retrenchment programs are purely business decisions within the purview of a valid and
reasonable exercise of management prerogative. It is one way of downsizing an
employer’s workforce and is often resorted to by the employer during periods of
business recession, industrial depression, or seasonal fluctuations, and during lulls in
production occasioned by lack of orders, shortage of materials, conversion of the plant
for a new production program, or introduction of new methods or more efficient
machinery or automation. It is a valid management prerogative, provided it is done in
good faith and the employer faithfully complies with the substantive and procedural
requirements laid down by law and jurisprudence.[24]
In the case at bar, despite the fact that respondent was employed by Petrocon as an
OFW in Saudi Arabia, still both he and his employer are subject to the provisions of the
Labor Code when applicable. The basic policy in this jurisdiction is that all Filipino
workers, whether employed locally or overseas, enjoy the protective mantle of
Philippine labor and social legislations.[25] In the case of Royal Crown Internationale v.
NLRC,[26] this Court has made the policy pronouncement, thus:
x x x. Whether employed locally or overseas, all Filipino workers enjoy the
protective mantle of Philippine labor and social legislation, contract
stipulations to the contrary notwithstanding. This pronouncement is in
keeping with the basic public policy of the State to afford protection to labor,
promote full employment, ensure equal work opportunities regardless of
sex, race or creed, and regulate the relations between workers and
employers. x x x[27]
Philippine Law recognizes retrenchment as a valid cause for the dismissal of a migrant
or overseas Filipino worker under Article 283 of the Labor Code, which provides:
Closure of establishment and reduction of personnel. - The employer may
also terminate the employment of any employee due to the installation of
labor-saving devices, redundancy, retrenchment to prevent losses or the
closing or cessation of operations of the establishment or undertaking unless
the closing is for the purpose of circumventing the provisions of this Title, by
serving a written notice on the workers and the Department of Labor and
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