detach itself from the liability of Proxy, AIMS must show by clear and convincing
evidence that its contract is limited to Lacerna’s employment by Low See
Ting. However, aside from its bare allegation, AIMS presented no proof to
corroborate its claim. On the contrary, it appears that in transferring Lacerna from
one employer to another, Proxy did not demand a new placement fee from
Lacerna. This only shows that Proxy’s conduct was in accordance with the
original contract executed with AIMS and not on an entirely new and separate
agreement entered into in Hong Kong. This interpretation is in accord with the
rule that all doubts in the construction of labor contracts should be resolved in
favor of the working class. The Constitution mandates the protection of labor and
the sympathetic concern of the State for the workers conformably to the social
justice policy.[13] Verily, to absolve AIMS from liability based on its
unsubstantiated claim that it is not privy to the subsequent employment provided
by Proxy for Lacerna would be to undermine the avowed policy of the State. The
joint and solidary liability imposed by law against recruitment agencies and foreign
employers is meant to assure the aggrieved worker of immediate and sufficient
payment of what is due him.[14] Thus, Section 10 of R.A. No. 8042, provides:
SEC. 10. Money Claims. –
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The liability of the principal/employer and the recruitment/placement
agency for any and all claims under this section shall be joint and several. This
provision shall be incorporated in the contract for overseas employment and shall
be a condition precedent for its approval. The performance bond to be filed by the
recruitment/placement agency, as provided by law, shall be answerable for all
money claims or damages that may be awarded to the workers. If the recruitment/
placement agency is a juridical being, the corporate officers and directors and
partners as the case may be, shall themselves be jointly and solidarily liable with
the corporation or partnership for the aforesaid claims and damages.
Such liabilities shall continue during the entire period or duration of the
employment contract and shall not be affected by any substitution, amendment or
modification made locally or in a foreign country of the said contract.
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In case of termination of overseas employment without just, valid or
authorized cause as defined by law or contract, the worker shall be entitled to the
full reimbursement of his placement fee with interest at twelve percent (12%) per