5/28/2020
E-Library - Information At Your Fingertips: Printer Friendly
workers”[121] because it already justifies differentiated treatment in terms of the
computation of money claims.[122]
Likewise, the jurisdictional and enforcement issues on overseas workers’ money claims
do not justify a differentiated treatment in the computation of their money claims.[123]
If anything, these issues justify an equal, if not greater protection and assistance to
overseas workers who generally are more prone to exploitation given their physical
distance from our government.
We also find that the classifications are not relevant to the purpose of the law, which is
to “establish a higher standard of protection and promotion of the welfare of migrant
workers, their families and overseas Filipinos in distress, and for other purposes.”[124]
Further, we find specious the argument that reducing the liability of placement agencies
“redounds to the benefit of the [overseas] workers.”[125]
Putting a cap on the money claims of certain overseas workers does not increase the
standard of protection afforded to them. On the other hand, foreign employers are
more incentivized by the reinstated clause to enter into contracts of at least a year
because it gives them more flexibility to violate our overseas workers’ rights. Their
liability for arbitrarily terminating overseas workers is decreased at the expense of the
workers whose rights they violated. Meanwhile, these overseas workers who are
impressed with an expectation of a stable job overseas for the longer contract period
disregard other opportunities only to be terminated earlier. They are left with claims
that are less than what others in the same situation would receive. The reinstated
clause, therefore, creates a situation where the law meant to protect them makes
violation of rights easier and simply benign to the violator.
As Justice Brion said in his concurring opinion in Serrano:
Section 10 of R.A. No. 8042 affects these well-laid rules and measures, and
in fact provides a hidden twist affecting the principal/employer’s liability.
While intended as an incentive accruing to recruitment/manning agencies,
the law, as worded, simply limits the OFWs’ recovery in wrongful dismissal
situations. Thus, it redounds to the benefit of whoever may be liable,
including the principal/employer – the direct employer primarily liable for
the wrongful dismissal. In this sense, Section 10 – read as a grant of
incentives to recruitment/manning agencies – oversteps what it aims to do
by effectively limiting what is otherwise the full liability of the foreign
principals/employers. Section 10, in short, really operates to benefit the
wrong party and allows that party, without justifiable reason, to mitigate its
liability for wrongful dismissals. Because of this hidden twist, the limitation
of liability under Section 10 cannot be an “appropriate” incentive, to borrow
the term that R.A. No. 8042 itself uses to describe the incentive it envisions
under its purpose clause.
What worsens the situation is the chosen mode of granting the incentive:
instead of a grant that, to encourage greater efforts at recruitment, is
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57319
16/39
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents