5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly “termination of employment is due solely to the fault of the worker,”[80] which as we have established, is not the case. It reads: SEC. 15. REPATRIATION OF WORKERS; EMERGENCY REPATRIATION FUND. – The repatriation of the worker and the transport of his personal belongings shall be the primary responsibility of the agency which recruited or deployed the worker overseas. All costs attendant to repatriation shall be borne by or charged to the agency concerned and/or its principal. Likewise, the repatriation of remains and transport of the personal belongings of a deceased worker and all costs attendant thereto shall be borne by the principal and/or local agency. However, in cases where the termination of employment is due solely to the fault of the worker, the principal/employer or agency shall not in any manner be responsible for the repatriation of the former and/or his belongings. .... The Labor Code[81] also entitles the employee to 10% of the amount of withheld wages as attorney’s fees when the withholding is unlawful. The Court of Appeals affirmed the National Labor Relations Commission’s decision to award respondent NT$46,080.00 or the three-month equivalent of her salary, attorney’s fees of NT$300.00, and the reimbursement of the withheld NT$3,000.00 salary, which answered for her repatriation. We uphold the finding that respondent is entitled to all of these awards. The award of the three-month equivalent of respondent’s salary should, however, be increased to the amount equivalent to the unexpired term of the employment contract. In Serrano v. Gallant Maritime Services, Inc. and Marlow Navigation Co., Inc.,[82] this court ruled that the clause “or for three (3) months for every year of the unexpired term, whichever is less”[83] is unconstitutional for violating the equal protection clause and substantive due process.[84] A statute or provision which was declared unconstitutional is not a law. It “confers no rights; it imposes no duties; it affords no protection; it creates no office; it is inoperative as if it has not been passed at all.”[85] We are aware that the clause “or for three (3) months for every year of the unexpired term, whichever is less” was reinstated in Republic Act No. 8042 upon promulgation of Republic Act No. 10022 in 2010. Section 7 of Republic Act No. 10022 provides: Section 7. Section 10 of Republic Act No. 8042, as amended, is hereby amended to read as follows: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57319 10/39