6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly Termination of the contract is due to the foregoing causes, the Talent shall Bear the cost of repatriation. In addition, the Talent may be liable to Blacklisting and/or other penalties in case of serious offense. B. Termination by the Talent: The Talent may terminate the contract for any of The following just causes: when the Talent is maltreated by the Employer or Any of his/her associates, or when the employer commits of (sic) the following — Nonpayment of Talent salary, underpayment of salary in violation of this Contract, non-booking of the Talent, physical molestation, assault or Subjecting the talent to inhumane treatment or shame. Inhumane treatment Shall be understood to include forcing or letting the talent to be used in Indecent performance or in prostitution. In any of the foregoing case, the Employer shall pay the cost of repatriation and be liable to garnishment of The escrow deposit, aside from other penalties that may arise from a case. C. Termination due to illness: Any of the parties may terminate the contract on The ground of illness, disease, or injury suffered by the Talent, where the Latter's continuing employment is prohibited by law or prejudicial to his/her Health, or to the health of the employer, or to others. The cost of the Repatriation of the Talent for any of the foregoing reasons shall be for the Account of the employer.[7] Respondent left for South Korea on September 6, 2003 and worked there as a singer for nine months, until her repatriation to the Philippines sometime in June 2004. Believing that the termination of her contract was unlawful and premature, respondent filed a complaint against petitioners and SAENCO with the NLRC. Respondent's Allegations Respondent alleged that she was made to sign two Employment Contracts but she was not given the chance to read any of them despite her requests. Respondent had to rely on petitioner Moldes's representations that: (a) her visa was valid for one year with an option to renew; (b) SAENCO would be her employer; (c) she would be singing in a group with four other Filipinas[8] at Seaman's Seven Pub at 82-8 Okkyo-Dong, JungGu, Ulsan, South Korea; (d) her Employment Contract had a minimum term of one year, which was extendible for two years; and (e) she would be paid a monthly salary of US$400.00, less US$100.00 as monthly commission of petitioners. Petitioner Moldes also made respondent sign several spurious loan documents by threatening the latter that she would not be deployed if she refused to do so. For nine months, respondent worked at Seaman's Seven Pub in Ulsan, South Korea not at Siheung Tourist Hotel Night Club in Siheung, South Korea as stated in her Employment Contract - without receiving any salary from SAENCO. Respondent subsisted on the 20% commission that she received for every lady's drink the customers purchased for her. Worse, respondent had to remit half of her commission to petitioner Moldes for the payment of the fictitious loan. When respondent failed to remit any amount to petitioner Moldes in May 2004, petitioner Moldes demanded that elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64155 3/27