G. R. No. 179177
3 of 29
http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/179177.htm
On 30 August 2001, while on board the vessel M/V Algosaibi-21, it appeared that
petitioner Nisda and a representative of respondent ADAMS entered into a second contract
of employment
[11]
with the following terms and conditions:
Section 2
a) Employee name : Carlos N. Nisda
xxxx
g) Job Title : Master
h) Basic Salary per Month : US$ One Thousand Six Hundred
Fifty only
j) Effective Date of Contract : 22 August 2001
k) Duration of Contract : 448 days
l) Last Day of Contract : 12 November 2002
xxxx
q) Vacation Entitlement : 28 days for 84 days work
r) Vacation Pay : 1/9th of base pay earned
since contract start/previous
xxxx
y) Indemnity Start Date : 22 August 2001
The aforementioned contract contained a stipulation stating:
Section 10
It is mutually agreed that this contract cancels and supersedes all agreements, contracts and
commitments prior to the date hereof (if any) and that after the execution of this contract
neither party shall have any Right, Privilege or Benefit other than as mentioned above,
except for the Employees right to an end-of-service award (Service Indemnity) which shall
[12]
be calculated from the date specified in Section 2 Para y).
The abovequoted contract of employment was neither processed nor sanctioned by
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