x x x
(3) Shall assume joint and solidary liability with the employer
for all claims and liabilities which may arise in connection with
the implementation of the contract; including but not limited to payment of
wages, death and disability compensation and repatriation.
Accordingly, despite the execution of the Affidavits of Assumption of
Responsibility by other manning agencies, the petitioner Skippers United Pacific
Inc. cannot exempt itself from all the claims and liabilities arising from the
implementation of the contract executed between the said petitioner and the
respondents. It is very clear from the above-cited provisions of the Rules and
Regulations of the POEA that the manning agency shall assume joint and solidary
liability with the employer. Joint and solidary liability is meant to assure
aggrieved workers of immediate and sufficient payment of what is due them.
[48]
The reason for this ruling was given by this Court in Catan v. National Labor
Relations Commission,[49] which is reproduced in part below:
This must be so, because the obligations covenanted in the recruitment [manning]
agreement entered into by and between the local agent and its foreign principal
are not coterminus with the term of such agreement so that if either or both of the
parties decide to end the agreement, the responsibilities of such parties towards
the contracted employees under the agreement do not at all end, but the same
extends up to and until the expiration of the employment contracts of the
employees recruited and employed pursuant to the said recruitment
agreement. Otherwise, this will render nugatory the very purpose for which the
law governing the employment of workers for foreign jobs abroad was enacted.
Also, according to Section 10, paragraph 2 of Republic Act No. 8042,[50] the
agency which deployed the employees whose employment contract were adjudged
illegally terminated, shall be jointly and solidarily liable with the principal for the
money claims awarded to the aforesaid employees.[51] Therefore, petitioner
Skippers Pacific United, Inc. as the manning agency which hired the respondents is
jointly and solidarily liable with its principal and co-petitioner
J.P. Samartzsis Maritime Enterprises Co., S.A., for the money claims of the
respondents. The Affidavits of Assumption of Responsibility, though valid as
between petitioner Skippers United Pacific Inc. and the other two manning
agencies, are not enforceable as against the respondents because the latter were not
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents