5/28/2020
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different jurisdiction. With respect to the rights of overseas Filipino workers, we follow
the principle of lex loci contractus.
Thus, in Triple Eight Integrated Services, Inc. v. NLRC,[65] this court noted:
Petitioner likewise attempts to sidestep the medical certificate requirement
by contending that since Osdana was working in Saudi Arabia, her
employment was subject to the laws of the host country. Apparently,
petitioner hopes to make it appear that the labor laws of Saudi Arabia do not
require any certification by a competent public health authority in the
dismissal of employees due to illness.
Again, petitioner’s argument is without merit.
First, established is the rule that lex loci contractus (the law of the
place where the contract is made) governs in this jurisdiction. There
is no question that the contract of employment in this case was
perfected here in the Philippines. Therefore, the Labor Code, its
implementing rules and regulations, and other laws affecting labor
apply in this case. Furthermore, settled is the rule that the courts of the
forum will not enforce any foreign claim obnoxious to the forum’s public
policy. Here in the Philippines, employment agreements are more than
contractual in nature. The Constitution itself, in Article XIII, Section 3,
guarantees the special protection of workers, to wit:
The State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and
equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful concerted
activities, including the right to strike in accordance with law.
They shall be entitled to security of tenure, humane conditions of
work, and a living wage. They shall also participate in policy and
decision-making processes affecting their rights and benefits as
may be provided by law.
....
This public policy should be borne in mind in this case because to allow
foreign employers to determine for and by themselves whether an overseas
contract worker may be dismissed on the ground of illness would encourage
illegal or arbitrary pre-termination of employment contracts.[66] (Emphasis
supplied, citation omitted)
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57319
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