4/10/2020
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Accordingly, petitioners were directed to pay each respondent, jointly and solidarily, the
amount of P47,900.00 as full reimbursement of their individual placement fees, with an
interest of 12% per annum; the amount of NT$47,520.00 each, representing three (3)
months’ worth of their salary amounting to NT$15,840.00; the amount of NT$7,500.00
which had been illegally deducted from respondents’ monthly salaries; the amount of
NT$6,000.00 each as reimbursement for the transportation expenses of respondents
Bajaro, Sumigcay and Morilla in going home to the Philippines; and attorney’s fees of
10% of the total monetary award.
The dispositive portion of the Labor Arbiter’s Decision reads:
WHEREFORE, all the foregoing premises considered, respondents SAMEER
OVERSEAS PLACEMENT AGENCY, INCORPORATED and RIZALINA LAMZON,
are hereby ordered jointly and severally to:
(a) pay each complainant an amount equivalent to three (3) months
salary which is NT$47,520 or a total of FOUR HUNDRED SEVENTY
FIVE
THOUSAND
TWO
HUNDRED
TAIWAN
DOLLARS
(NT$475,200) or its Philippine currency equivalent at the time of
payment;
(b) pay each complainant NT$82,500.00 representing the amount
that has been illegally deducted from their salaries for a period of
eleven (11) months or a total of EIGHT HUNDRED TWENTY FIVE
THOUSAND TAIWAN DOLLARS (NT$825,000) or its Philippine
currency equivalent at the time of payment;
(c) pay each complainant, Php47,900.00 by way of reimbursement
of placement fees or a total of FOUR HUNDRED SEVENTY NINE
THOUSAND PESOS (Php479,000.00) plus twelve percent (12%)
interest per annum;
(d) pay complainants MARICEL BAJARO; RAQUEL SUMIGCAY and
PAMELA MORILLA NT$6,000.00 as and by way of reimbursement
to their transportation expenses in going home to the Philippines,
or its Philippine currency at the time of payment;
(e) pay attorney’s fees equivalent to ten percent (10%) of the total
monetary award.
SO ORDERED.
The NLRC’s Ruling
On appeal, the NLRC vacated and set aside[12] the Labor Arbiter’s Decision upon a
finding that all the requirements for a valid retrenchment have been established, thus,
the respondents were not illegally dismissed. Therefore, it found that the awards of
salaries corresponding to the unexpired portion of the contracts and the refund of
placement fees to be bereft of any basis in fact and in law. The award for the payment
of the salary deductions was also not considered for respondents’ failure to substantiate
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