6/7/2020
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We cannot subscribe to [respondent's] contention that she was illegally
dismissed from her employment. Records show that the Model Employment
Contract presented as evidence by both [respondent] and [petitioners and
SAENCO] would prove that [respondent's] employment was for a period of
six (6) months only. Aside from [respondent's] allegation that [petitioners
and SAENCO] misrepresented to her that her contract is for a period of one
(1) year, there is no other evidence on record which will corroborate and
strengthen such allegation. We took note of the fact that [respondent's]
Model Employment Contract was verified by the Labor Attache of the
Philippine Embassy in Korea and duly approved by the Philippines Overseas
Employment Administration (POEA). There is no showing that her contract
was extended by [petitioners and SAENCO], or that an extension was
approved by the POEA. All the pieces of documentary evidence on record
prove otherwise.
We agree with [petitioners and SAENCO's] argument that [respondent] was
given a copy of her employment contract prior to her departure for Korea
because [respondent] was required to submit a copy thereof to the
Philippine Labor Office upon her arrival in Korea. We are also convinced that
[respondent] read and understood the terms and conditions of her Model
Employment Contract because of the following reasons: First, [respondent]
was informed thereof when a post arrival briefing was conducted at the
Philippine Embassy Overseas Labor Office. This procedure is mandatory, and
the booking of the talent shall be effective only within three (3) days after
her arrival in Korea. Second, [respondent's] passport shows that her visa is
valid only for six (6) months x x x. Third, the Model Employment Contract
has been signed by [respondent] on the left hand margin on each and every
page and on the bottom of the last page thereof x x x. Fourth,
[respondent's] claim that [petitioners and SAENCO] forced her in signing
two (2) employment contracts appears to be doubtful considering that she
avers that she was not able to read the terms and conditions of her
employment contract. It is amazing how she was able to differentiate the
contents of the two (2) contracts she allegedly signed without first reading
it.
On the basis of the foregoing, [respondent's] contention that she did not
know the terms and conditions of her Model Employment Contract, in
particular the provision which states that her contract and her visa is valid
only for six (6) months, lacks credence. Thus, it can be concluded that she
was not dismissed at all by [petitioners and SAENCO] as her employment
contract merely expired.
As to [respondent's] allegation that she was not paid her salaries during her
stay in Korea, [petitioners and SAENCO] presented cash vouchers and
affidavits of co-employees showing that [respondent] was paid US$600 per
month by her Korean employer. [Respondent] failed to prove that the
vouchers were faked, or her signatures appearing thereon were falsified.
Hence, [respondent] is not entitled to her claim for unpaid salaries.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64155
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