4/29/2020
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Salary
Guaranteed US$240.00/mo. US$336.00/mo. US$240.00/mo. US$84.00/mo.
Overtime
Pay
Vacation
Leave Pay
US$66.66
US$93.33
US$66.66
US$23.33
The fishing operations for which the respondents were hired started on September 17,
2004. On November 20, 2004, the operations abruptly stopped and did not resume.
On May 25, 2005, before the respondents disembarked from the vessels, Goran
Ekstrom of Snappertuna (the respondents’ immediate employer on board the fishing
vessels) and the respondents executed an agreement (May 25, 2005 agreement)
regarding the respondents’ salaries.[8] The agreement provided that the respondents
would get the full or 100% of their unpaid salaries for the unexpired portion of their
pre-terminated contract in accordance with Philippine laws. The respective amounts
the respondents would receive per the May 25, 2005 agreement are:
Artemio A. Bo-oc
US$6,047.99
Joel S. Fernandez
US$7,767.90
Felipe S. Saurin, Jr.
US$6,647.99
Tito R. Tamala
US$7,047.99
On May 26, 2005, however, Poseidon and Van Doorn, with Goran of Snappertuna and
Dinko Lukin of Dinko, entered into another agreement (letter of acceptance) reducing
the previously agreed amount to 50% of the respondents’ unpaid salaries (settlement
pay) for the unexpired portion of their contract.[9] On May 28, 2005, the respondents
arrived in Manila. On June 10, 2005, the respondents received the settlement pay
under their letter of acceptance.
The respondents then signed a waiver and
quitclaim[10] and the corresponding cash vouchers.[11]
On November 16, 2005, the respondents filed a complaint[12] before the Labor
Arbitration Branch of the NLRC, National Capital Region for illegal termination of
employment with prayer for the payment of their salaries for the unexpired portion of
their contracts; and for non-payment of salaries, overtime pay and vacation leave pay.
[13]
The respondents also prayed for moral and exemplary damages and attorney’s
fees.
The respondents anchored their claim on their May 25, 2005 agreement with Goran,
and contended that their subsequent execution of the waiver and quitclaim in favor of
Poseidon and Van Doorn should not be given weight nor allowed to serve as a bar to
their claim. The respondents alleged that their dire need for cash for their starving
families compelled and unduly influenced their decision to sign their respective waivers
and quitclaims. In addition, the complicated language employed in the document
rendered it highly suspect.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55926
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