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p.m., with a break of only one hour to one and a half hours. When they rendered
overtime work, they were most of the time either underpaid or not paid at all. Their
housing accommodations were cramped and were shared with 27 other occupants. The
lodging house was in Sharjah, which was far from their jobsite in Dubai, leaving them
only three to four hours of sleep a day because of the long hours of travel to and from
their place of work; there was no potable water and the air was polluted.
When the respondents received their first salaries (at the rates provided in their
appointment letters and with deductions for placement fees) and because of their
difficult living and working conditions, they called up the agency and complained about
their predicament. The agency assured them that their concerns would be promptly
addressed, but nothing happened.
On May 5, 2007, Modern Metal required the respondents to sign new employment
contracts,[7] except for Era who was made to sign later. The contracts reflected the
terms of their appointment letters. Burdened by all the expenses and financial
obligations they incurred for their deployment, they were left with no choice but to sign
the contracts. They raised the matter with the agency, which again took no action.
On August 5, 2007, despondent over their unbearable living and working conditions and
by the agency’s inaction, the respondents expressed to Modern Metal their desire to
resign. Out of fear, as they put it, that Modern Metal would not give them their salaries
and release papers, the respondents, except Era, cited personal/family problems for
their resignation.[8] Era mentioned the real reason – “because I dont (sic) want the
company policy”[9] – for his resignation.
It took the agency several weeks to repatriate the respondents to the Philippines. They
all returned to Manila in September 2007. Except for Ordovez and Enjambre, all the
respondents shouldered their own airfare.
For its part, the agency countered that the respondents were not illegally dismissed;
they voluntarily resigned from their employment to seek a better paying job. It claimed
that the respondents, while still working for Modern Metal, applied with another
company which offered them a higher pay. Unfortunately, their supposed employment
failed to materialize and they had to go home because they had already resigned from
Modern Metal.
The agency further alleged that the respondents even voluntarily signed affidavits of
quitclaim and release after they resigned. It thus argued that their claim for benefits,
under Section 10 of Republic Act No. (R.A.) 8042, damages and attorney’s fees is
unfounded.
The Compulsory Arbitration Rulings
On April 30, 2008, Labor Arbiter Ligerio V. Ancheta rendered a decision[10] dismissing
the complaint, finding that the respondents voluntarily resigned from their jobs. He also
found that four of them – Alcantara, Era, Anipan and Lumanta – even executed a
compromise agreement (with quitclaim and release) before the POEA. He considered
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55155
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