G.R. No. 167614
16 of 33
http://sc.judiciary.gov.ph/jurisprudence/2009/march2009/167614.htm
PCL v.
[90]
NLRC
12 months
more than 2
months
more or less 9
months
3 months
Olarte v.
[91]
Nayona
12 months
21 days
11 months and 9
days
3 months
JSS v.
[92]
Ferrer
12 months
16 days
11 months and 24
days
3 months
9 months and
7 days
2 months and 23
days
2 months and 23
days
Pentagon
v. 12 months
[93]
Adelantar
Phil. Employ v.
Paramio,
[94]
et al.
12 months
10 months
2 months
Unexpired portion
Flourish
Maritime v.
[95]
Almanzor
2 years
26 days
23 months and 4
days
6 months or 3
months for each
year of contract
Athenna
Manpower v.
[96]
Villanos
1 year, 10
months and
28 days
1 month
1 year, 9 months
and 28 days
6 months or 3
months for each
year of contract
As the foregoing matrix readily shows, the subject clause classifies OFWs into two categories.
The first category includes OFWs with fixed-period employment contracts of less than one year; in
case of illegal dismissal, they are entitled to their salaries for the entire unexpired portion of their
contract. The second category consists of OFWs with fixed-period employment contracts of one year
or more; in case of illegal dismissal, they are entitled to monetary award equivalent to only 3 months
of the unexpired portion of their contracts.
The disparity in the treatment of these two groups cannot be discounted. In Skippers, the
respondent OFW worked for only 2 months out of his 6-month contract, but was awarded his salaries
for the remaining 4 months. In contrast, the respondent OFWs in Oriental and PCL who had also
worked for about 2 months out of their 12-month contracts were awarded their salaries for only 3
months of the unexpired portion of their contracts. Even the OFWs involved in Talidano and Univan
who had worked for a longer period of 3 months out of their 12-month contracts before being illegally
dismissed were awarded their salaries for only 3 months.
To illustrate the disparity even more vividly, the Court assumes a hypothetical OFW-A with an
employment contract of 10 months at a monthly salary rate of US$1,000.00 and a hypothetical
OFW-B with an employment contract of 15 months with the same monthly salary rate of
US$1,000.00. Both commenced work on the same day and under the same employer, and were
illegally dismissed after one month of work. Under the subject clause, OFW-A will be entitled to
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