During the first ten (10) days of her probationary period, complainant was
observed to be inattentive and incompetent to perform her duties and
responsibilities. She could not cook and do simple things as washing clothes. It
was the principal’s mother-in-law who did most of the household chores, like
babysitting of the child. Worse, complainant was already complaining of the cold
weather. However, the principal was nonetheless optimistic that complainant
would improve her chores, but to no avail as complainant kept insisting that she
be allowed to go home on account of her incapability to perform her job. The
complainant even told her foreign employer that “she had hired a housemaid in
their house for more than ten years to do the task.”
After the first ten (10) days’ work with the principal employer,
complainant returned to the Philippines.[5]
On 26 December 1996, the Labor Arbiter rendered his decision with the
following dispositive portion:
WHEREFORE, premises considered, judgment is hereby rendered
ordering respondents jointly and severally to pay complainant the sum
of P10,900.00 representing the excess placement fee paid by her; the amount of
NT$161,115.00 or its peso equivalent in the amount of P155,411.15 representing
her unearned wages corresponding to the unexpired portion of her contract;
NT$3,492.22 or its peso equivalent in the amount of P3,368.59 representing
salary differentials; and ten percent (10%) of the total monetary award due
complainant as attorney’s fees.
SO ORDERED.[6]
Philemploy Services and Resources, Inc. (“petitioner”) and Chao Hung
Ching appealed to the NLRC. The NLRC rendered its decision on 11 June 1998.
The pertinent parts of the decision read as follows:
Right from the time complainant was accepted as an applicant for the
position of Caretaker/Domestic helper, she has already a second thought about
said position. Her reason is that it is not the position she applied for. (see No. 7
of complainant’s Sinumpaang Salaysay, page 30, record). This statement is not
found in the Arbiter’s translation into English of such Sinumpaang Salaysay
which was adopted by complainant as part of her position paper, and upon which
the Labor Arbiter’s a quo factual antecedents have been derived.