4/6/2021
E-Library - Information At Your Fingertips: Printer Friendly
petitioners as the employer. The employer still has the burden of proving that the
resignation is voluntary despite the employer's claim that the employee resigned,[37]
which petitioners failed to discharge.
Baybayan and Beltran are entitled to salary differentials and refund of transportation
expenses.
Petitions admit that the employment contracts of respondents were indeed amended,
but posit that the Addendum, while apparently do not appear to contain any indication
of POEA approval, actually contained provisions which have been approved by the POEA
as evidenced by the respondents' Foreign Worker's Affidavits.
The petitioners' argument deserves scant consideration.
Paragraph (i) of Article 34 of the Labor Code of the Philippines prohibits the substitution
or alteration of employment contracts approved and verified by the Department of
Labor and Employment (DOLE) from the time of the actual signing thereof by the
parties up to and including the period of expiration of the same without the approval of
the DOLE.
Furthermore, Republic Act No. (RA) 8042, otherwise known as the Migrant workers and
Overseas Filipinos Act of 1995, explicitly prohibits the substitution or alteration to the
prejudice of the worker of employment contracts already approved and verified by the
DOLE from the time of actual signing thereof by the parties up to and including the
period of the expiration of the same without the approval of the DOLE.[38]
Thus, the Court agrees with the findings of the CA in this wise:
We stress, at the outset, that the numerous documentary evidence
presented by petitioners which private respondents entered into with the
foreign principals are not valid and binding upon private respondents.
Specifically, the Addendum to the employment contract whereby private
respondents were made to shoulder their food and accommodation in the
amount of NT$4,000 per month, as well as transportation fare, to and from
Taiwan, is in contravention of the Employment Contract executed by the
parties and duly approved by the Philippine Overseas Employment
Administration (POEA). Article IV of the Contract states that private
respondents are entitled to free food and accommodation for the duration of
the contract. It further states that the employer shall provide the employee
with an economy class air ticket from the country of origin to Taiwan and
upon completion of the contract, the employer shall provide the ticket back
to the country of origin. In fact, these provisions constitute the minimum
requirements for contracts of employment of land-based overseas Filipino
workers, pursuant to Section 2, Rule 1, Part V of the POEA Rules and
Regulations Governing the Recruitment and Employment of Land-based
Overseas Workers, thus "Section 2. Minimum Provisions of Employment Contract.
Consistent with its welfare and employment facilitation
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66097
6/12