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c) Placement fee of Thirteen Thousand Five Hundred (13,500.00)
Pesos;
d) Legal holiday equivalent to ten (10) days with pay;
e) Twelve (12) days vacation leave with pay; and
f) Attorney’s fees of Ten Thousand Pesos (P10,000.00).
We affirm the awards except those for the guaranteed overtime pay and legal holiday
pay. Under Section 10[20] of Republic Act No. 8042, the unjustly terminated employee
is entitled to the full reimbursement of his placement fee with interest at 12% per
annum, plus his salaries for the unexpired portion of his employment contract. We
further allow the payment of vacation leave pay and sick leave pay because the
employment contract[21] stipulated 12 days vacation leave with pay and seven days
sick leave with pay that could be taken after one year. With his premature repatriation
being unjustified, Naluis should receive his vacation and sick leave pays, but not the
guaranteed overtime pay and legal holiday pay because the employment contract did
not extend such benefits.
WHEREFORE, the Court AFFIRMS the decision promulgated on April 23, 2003,
subject to the DELETION of the awards for guaranteed overtime pay and legal holiday;
and ORDERS the petitioner to pay the costs of suit.
SO ORDERED.
Sereno, C. J., Leonardo-De Castro, Perez, and Perlas-Bernabe, JJ., concur.
[1] Article 4. Construction in favor of labor. All doubts in the implementation and
interpretation of the provisions of this Code, including its implementing rules and
regulations, shall be resolved in favor of labor.
[2] Article 1702. In case of doubt, all labor legislation and all labor contracts shall be
construed in favor of the safety and decent living for the laborer.
[3] CA rollo, pp. 17-26.
[4] Id. at 28-39.
[5] Rollo, pp. 23-30; penned by Associate Justice Delilah Vidallon-Magtolis (retired),
with Associate Justice Remedios A. Salazar-Fernando and Associate Justice Edgardo F.
Sundiam (deceased) concurring.
[6] Id. at 36-38.
[7] Id. at 41.
[8] CA rollo, p. 14.
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