b). Mandatory imposition of overtime work exceeding 10 hours without just overtime
compensation and night shift differentials;
c). Failure to comply with some stipulations stated in the Employment Contract
particularly those relating to the accommodation and lodging of the contracted
workers;
d). Lack of observance of safety precautions at work area.[10]
The respondents brought their problems to the attention of the management. In
March of 1997, Fabian Chua, local manager of the petitioner PSRI, made a surprise
visit to Kuan Yuan in Taiwan and was apprised of the said complaints. However, instead
of solving the problems, Chua cautioned the respondents not to air their complaints and
to simply forget about whatever plans they had in mind.[11] Disappointed, the
respondents, along with their co-workers, contacted the Overseas Workers Welfare
Administration (OWWA) in Taiwan and sought the latters assistance, only to be
frustrated when their requests were not favorably acted upon.[12]
Sometime in April of 1997, through the intercession of Chih-Hung, the manager of
the new broker Chen Dard Manpower Co. Ltd., Long Island International Trade Co., Ltd,
the overtime rate of the respondents was increased from 55NT$ to 85NT$. The
respondents discovered, however, that work in the factory increased because of the
increased volume of orders.[13] Moreover, their working conditions did not improve.
On May 10, 1997, respondent Navarra and another employee, Pio Gabito, were
summoned by the management and told that they were to be repatriated, without
specifying the ground or cause therefor. They pleaded that they be informed of the
cause or causes for their repatriation, but their requests were rejected. [14] Worse, the
manager of their employer summoned the police, who arrived and escorted them to the
airport. They were even given time to pack all their personal belongings.
Upon respondent Navarras arrival in Manila, the petitioner sought to settle his
complaints.[15] After the negotiations, the petitioner agreed to pay P49,000 to the said
respondent but, in consideration thereof, the latter executed a quitclaim releasing the
petitioner from any or all liabilities for his repatriation.[16]
Meanwhile, when the other respondents learned that Navarra and Gabito were
repatriated, they were disheartened at their fate. The respondents also decided to go
home, but their employer and their broker told them[17] that they would be repatriated two
days later, or on May 12, 1997. They were ready to leave on the aforesaid date, but
were informed that they would have to pay their employer NT$30,000; otherwise, they
would not be allowed to go home. As they were unable to pay the NT$30,000, the
respondents failed to return to the Philippines.[18]
The management and broker gave the respondents two (2) options: (a)
imprisonment for their refusal to pay NT$30,000.00; or (b) sign separate agreements
with their employer. The respondents had no other recourse but to sign
agreements[19] authorizing their employer to (a) deduct the amount of NT$30,000 from
their salaries; (b) remit their salaries to the Philippines; and, (c) deduct NT$10,000 from
their salaries as bond.[20] However, the respondents were still not repatriated. The next
day, or on May 13, 1997, their employer issued a regulation that overtime of ten hours