Herein petitioners are Skippers United Pacific, Inc., the former manning
agency for the vessel MV Hanjin Vancouver, and its foreign principal,
J.P. Samartzsis Maritime
Enterprises
Co.,
S.A. Herein
respondents
Jerry Maguad and Porferio Ciudadano were recruited by petitioner Skippers United
Pacific, Inc., to work on board the afore-mentioned vessel as 4th Engineer
and Bosun, respectively. Respondents lodged a complaint against petitioners
before the NLRC. In their Position Paper,[5] they alleged, among other things, that:
Sometime in June 1998, complainants [herein respondents] were
contracted by respondent [herein petitioner] Skippers [United Pacific, Inc.], to
work on board the vessel MV “Hanjin Vancouver,” as Fitter for a contract period
of nine (9) months plus or minus one (1) month pay [by] mutual consent. In a
POEA contract of employment,[6] complainant had to work under the following
terms and conditions:
JERRY P. MAGUAD
POSITION : 4th Engineer
BASIC MO. SALARY : US$536.00
HOURS OF WORK : 48 hours/week
FIXED OVERTIME : US$160.80
OT AFTER 105/HRS : US$3.22
LEAVE PAY : US$107.20
PORFERIO L. CIUDADANO
POSITION : Bosun
BASIC MO. SALARY : US$451.00
HOURS OF WORK : 48 hours/week
FIXED OVERTIME : US$135.30
OT AFTER 105/HRS : US$2.71
LEAVE PAY : US$90.20
x x x x
However, [these] contracts were adjusted by respondent Skipper’s
representative in the person of their General Manager, Ms. Gloria
N. Almodiel, and was further noted by the Owner’s representative
Mr. Filippos Karabatsis. The adjustments made were as follows[7]:
JERRY P. MAGUAD
BASIC MO. SALARY : US$915.00
FIXED OVERTIME : US$681.00 (105 hrs)