G.R. Nos. 182978-79
8 of 19
1.
2.
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/182978-79.htm
1,300 rials (or US$247.00) monthly salary;
Free air tickets to KSA at the start of her contract and to the Philippines at the end
thereof, as well as for her vacation at the end of each twenty four-month service;
3.
Transportation to and from work;
4.
Free living accommodations;
5.
Free medical treatment, except for optical and dental operations, plastic surgery charges
and lenses, and medical treatment obtained outside of KSA;
6.
Entry visa fees will be shared equally between her and her employer, but the
exit/re-entry visa fees, fees for Iqama issuance, renewal, replacement, passport renewal,
sponsorship transfer and other liabilities shall be borne by her;
7.
Thirty days paid vacation leave with round trip tickets to Manila after twenty
four-months of continuous service;
8.
9.
Eight days public holidays per year;
The indemnity benefit due her at the end of her service will be calculated as per labor
laws of KSA.
Thus, the agreement does not include provisions for insurance, or for accident, death or
other benefits that the Cuaresmas seek to recover, and which the labor tribunals and appellate
court granted variably in the guise of compensatory damages.
However, the absence of provisions for social security and other benefits does not make
Jasmins employment contract infirm. Under KSA law, her foreign employer is not obliged to
provide her these benefits; and neither is Jasmin entitled to minimum wage unless of course the
KSA labor laws have been amended to the opposite effect, or that a bilateral wage agreement
has been entered into.
Our next inquiry is, should Jasmins death be considered as work-connected and thus
compensable? The evidence indicates that it is not. At the time of her death, she was not on
duty, or else evidence to the contrary would have been adduced. Neither was she within
hospital premises at the time. Instead, she was at her dormitory room on personal time when
she died. Neither has it been shown, nor does the evidence suggest, that at the time she died,
Jasmin was performing an act reasonably necessary or incidental to her employment as nurse,
because she was at her dormitory room. It is reasonable to suppose that all her work is
performed at the Al-birk Hospital, and not at her dormitory room.
We cannot expect that the foreign employer should ensure her safety even while she is
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