allowance of NT$215.00 and full attendance bonus of NT$900.00 per month,
benefits she enjoyed in Chupei City; she paid an excessive placement fee
of P30,000.00.
On December 9, 1996, Labor Arbiter Ariel Cadiente Santos, dismissed
Lazaga’s complaint for lack of merit. Said the Labor Arbiter in that case:
Complainant therefore cannot capitalize on the entry on the OCW Info
Sheet indicating NT$13,350.00 as the basic salary. This is in light of the clear
terms of the Employment Contract she duly executed with respondents.
x x x Moreover, complainant herself admits that “in addition to NT$13,350.00,
she also enjoyed other emoluments in the form of bonuses and differential (p; 3,
Amended Complaint). Hence, the claim for salary differential is patently without
basis.
The claim for night shift differential is resolved in respondents’ favor.
x x x The records of this case disclose that the giving of night differential to the
workers at respondents Philips was the subject of a meeting/negotiation on
December 21, 1996 and was agreed upon to take effect three (3) months
thereafter, i.e., on April 1996. Complainant however, by her own volition, had
already caused herself to be repatriated before the effectivity of the giving of
night shift differential. She therefore cannot claim entitlement thereto. x x x In
the absence of proof that the benefit was agreed upon to have a retroactive effect,
complainant’s claim for night differential cannot be granted.
The claim for full attendance bonus is likewise denied for lack of
basis. The records indicate that complainant was duly paid the same, as shown by
the Employee Payment/Deduct Detail Analysis Report (Annex “1”, Answer to
Amended Complaint). Complainant’s allegation cannot prevail over the
documentary evidence on record which establish the fact of payment of full
attendance bonus. x x x
x x x
x x x [C]omplainant’s claim for refund of alleged placement fee cannot be
sustained against respondent Grand. There is in fact no proof on record that she
ever paid respondent Grand the alleged excessive placement fee. xxx[44]