G.R. No. 172342
2 of 11
http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/172342.htm
March 26, 1998. All were fixed-period contracts for one year. The sixth and last contract
stated that respondents employment starts upon reporting to work and ends when he leaves
the work site. Respondent left Saudi Arabia on April 30, 1999 and arrived in the Philippines
on May 1, 1999.
On May 28, 1999, respondent informed MMG, through the petitioner, that he needs
to extend his vacation because his son was hospitalized. He also sought a promotion with
[3]
salary adjustment. In reply, MMG informed respondent that his promotion is subject to
managements review; that his services are still needed; that he was issued a plane ticket for
his return flight to Saudi Arabia on May 31, 1999; and that his decision regarding his
employment must be made within seven days, otherwise, MMG will be compelled to
[4]
cancel [his] slot.
On July 6, 1999, respondent resigned. In his letter to MMG, he also stated:
xxxx
I am aware that I still have to do a final settlement with the company and hope that
during my more than seven (7) [years] services, as the Saudi Law stated, I am
[5]
entitled for a long service award. (Emphasis supplied.)
xxxx
According to respondent, when he followed up his claim for long service award on
[6]
December 7, 2000, petitioner informed him that MMG did not respond.
[7]
On December 11, 2000, respondent filed a complaint
for payment of service
award against petitioner before the National Labor Relations Commission (NLRC),
Regional Arbitration Branch, Cordillera Administrative Region, Baguio City. In support of
his claim, respondent averred in his position paper that:
xxxx
Under the Law of Saudi Arabia, an employee who rendered at least five (5) years in
a company within the jurisdiction of Saudi Arabia, is entitled to the so-called long service
award which is known to others as longevity pay of at least one half month pay for every
year of service. In excess of five years an employee is entitled to one month pay for every
year of service. In both cases inclusive of all benefits and allowances.
This benefit was offered to complainant before he went on vacation, hence, this was
engrained in his mind. He reconstructed the computation of his long service award or
longevity pay and he arrived at the following computation exactly the same with the
amount he was previously offered [which is US$12,640.33].
[8]
(Emphasis supplied.)
1/28/2016 11:55 AM