Prior to their dismissal, respondents demanded payment of their unpaid
wages and protested the substandard conditions of their employment. The Letters
of Indemnity supra contained a waiver by petitioner and Kara Seal of the right to
institute disciplinary action against respondents. Hence, respondents were under
the impression that they would be disciplinarily dealt with if they would not sign
the waiver.
Based on the foregoing disquisition, we are convinced that respondents were
forced to sign the Letters of Indemnity. Thus, said Letters of Indemnity must be
deemed void. The stamp and signature of the ITF representative thereon add
nothing to render the letters of any legal effect, but instead add to the impression of
pressure exerted by ITF on the individual Filipino seamen.
Having ruled out voluntary resignation, we now ascertain whether
respondents were illegally dismissed. Try hard as we may, no clear showing could
be found in this case of any valid and legal cause which justifies respondents’
removal from employment. Instead we find that Oriental and/or Kara Seal did not
serve two written notices to respondents prior to their termination from
employment as required by the Labor Code. Plainly, there was no due process in
[19]
their dismissal, and we have here a clear case of illegal dismissal.
In this connection, paragraph 5, Section 10 of Republic Act No.
8042 provides:
[20]
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.