The Labor Code requires both notice and hearing; notice alone will not
suffice. The requirement of notice is intended to inform the employee concerned
of the employer’s intent to dismiss him and the reason for the proposed
dismissal. On the other hand, the requirement of hearing affords the employee an
opportunity to answer his employer’s charges against him and accordingly to
defend himself therefrom before dismissal is effected.[43] In this case, after the
warning notices were given to the respondents, the petitioners did not give the
respondents an opportunity to present their sides by conducting a hearing as
provided for in Section 17 of the POEA Contract.[44] Instead, the petitioners, with
breathless speed, ordered the repatriation of the erring employees
toManila. Therefore, the second notice, which must be given after hearing to
inform the respondents of the petitioners’ decision to dismiss them, was not
complied with. In view of that, the Court of Appeals correctly ruled that there was
non-compliance with the two-notice requirement in effecting a valid dismissal.
Inasmuch as the respondents were illegally dismissed because the ground
relied upon by the petitioners were not substantially proven and there was noncompliance with the two-notice requirement in effecting a valid dismissal, they are
entitled to the payment of indemnity. However, this Court does not agree with the
findings of the Court of Appeals that the provisions of Section 10 of Republic Act
No. 8042, otherwise known as the Migrant Workers’ Act of 1995, is the law
applicable in computing the amount of indemnity to be paid to the respondents
who have been illegally dismissed. The said Section 10 of Republic Act No. 8042
partly provides:
In case of termination of overseas employment without just, valid or
authorized cause as defined by law or contract, the worker shall be entitled to
the full reimbursement of his placement fee with interest at twelve percent
(12%) per annum, plus his salaries for the unexpired portion of his employment
contract or for three (3) months for every year of the unexpired term, whichever is
less.
This Court held in the case of Marsaman Manning Agency, Inc. v. National
Labor Relations Commission, [45] thus:
A plain reading of Sec. 10 clearly reveals that the choice of which amount to
award an illegally dismissed overseas contract worker, i.e., whether his salaries