of US$2,027.71 in the amount of US$222.29. The aforesaid formula applies to all the
complainants. Thus, we see no case of underpayment at bar.
The claim for underpayments of the complainants is premised on their wrong interpretation of
the salary memoranda issued to them individually wherein they insist that vacation leave pay and
days-off pay are additional fringe benefits which should not affect payment of items 1 to 5
therein and to which we disagree.
The vacation leave pay is different from 'days-off pay.' Complainants' vacation pay is accounted
under Column C denominated as 13th month pay but also for a vacation pay of one month which
is clearly indicated by the prescribed formula, i.e. 'Basic Salary (A) x .167. The product over a
period of twelve months results in two months basic pay as (0.167 x 12 = 2.004). The two
months therefore corresponds to the 13th month pay and the one month vacation leave pay. It is
therefore erroneous for complainants to contend that the vacation leave pay is a distinct benefit
when in truth and in fact the same has been duly considered in the computation of their
statutorily mandated compensation under the column of 13th month pay.
While the days-off pay constitutes complainants' salary in the same way as their lumpsum pay
while on board the oil rig, therefore complainants should not compare the amounts under column
D (Total of A + B + C) with the amounts under Column E (Actual Pay while on Board) only but
with the amounts under column 'E' and 'F' (pay while on board or days-off pay) which sum is
listed under column G (Average Monthly Salary over a 12-Month Period). The days-off pay is
paid to the complainants even though they are not working and should therefore be considered in
the computation of their total compensation.
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With respect to the second issue, we rule in the affirmative. The evidence on record shows that
complainants were provided with insurance coverage superior to that mandated by law.
Complainants are insured under two Blue Cross Insurance Policies, i.e. the Disability Income
Insurance (Policy No. ID00128, GP-01) and a Worldwide Executive Health Plan (Policy No.
W003323 GP7-01). Under the disability income insurance, should the employee get sick or
injured, he is entitled to a monthly indemnity of US$200. While under the Worldwide Executive
Health Plan, the benefits to which the insured workers are entitled are enumerated in the Table of
Insured Benefits. The Personal Accident Plan Benefits to which the complainants are entitled are
as follows:
BENEFITS PER PERSON
1. Death
US$15,000
2. Permanent total loss of sight of both eyes
US$15,000
3. Permanent total loss of sight of one eye
US$ 7,500
4. Loss of two limbs
US$15,000
5. Loss of one limb
US$ 7,500
6. Permanent total loss of sight of one eye and loss of one
limb
US$15,000
7. Permanent total disablement
US$15,000