6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly in ruling on the case? I. Respondent was not illegally dismissed. In ruling that the Quitclaim and Release was ineffective to bar recovery by respondent, the CA reasoned that the consideration in the amount of USD 900 was unconscionable and not commensurate to the unexpired portion of the Contract of Employment. This reasoning presupposes that respondent is entitled to the salaries for the unexpired portion of her employment contract. Under Section 10[83] of R.A. 8042, workers who are illegally terminated are entitled to their salaries for the unexpired portion of their employment contracts or for three months for every year of the unexpired term, whichever is less, in addition to the reimbursement of their placement fee with interest at the rate of 12% per annum. A plain reading of the provision reveals that it applies only to an illegally dismissed overseas contract worker or a worker dismissed from overseas employment without just, valid or authorized cause as defined by law or contract.[84] The monetary award provided in Section 10 of R.A. 8042 finds no application to cases in which the overseas Filipino worker was not illegally dismissed. In this case, we find that respondent was not illegally dismissed. Article X of the POEA-approved Contract of Employment, as well as the second contract given to respondent for signing upon her arrival in Ethiopia, provides: ARTICLE X-TERMINATION 1. This contract may be terminated by the Employer or by the Employee in the case of breach of the provisions of this Contract and not withstanding [sic]/fulfilling the terms and conditions set forth in Article III here of [sic]. In such an event[,] the Employee shall be entitled to his/her salary and allowances due up to the date of termination. 2. This contract may be terminated by the Employer in case of illness or disability satisfying the conditions set forth in Article VIII (1) here of [sic] and of a duration in excess of twenty days in any one year. In such an event[,] the Employee shall be entitled to his/her salary and allowances due up to the date of commencement of said illness or disability. 3. This contract may be terminated by either party, at any time and for no cause by giving three months notice to the other party. In such an event[,] the Employee shall be entitled to his/her salary and allowances only up to the date of termination specified in the said notice of termination. However, the employee shall be fully engaged in his/her duty in the period notified and up to the last date of termination.[85] (Emphasis supplied) elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60760 9/20