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 1/28/2016 1:07 PM

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