At the job site, respondent was allegedly found incompetent by his foreign
employer; thus the latter decided to terminate his services. However, respondent
pleaded for his retention and consented to accept a lower salary of SR 800.00 per
month. Thus, SAAD retained respondent until his return to the Philippines two
years after.
On November 27, 2001, respondent filed a sworn Complaint[4] for monetary
claims against petitioner alleging that when he arrived at the job site, he and his
fellow Filipino workers were required to sign another employment contract written
in Arabic under the constraints of losing their jobs if they refused; that for the
entire duration of the new contract, he received only SR 590.00 per month; that he
was not given his overtime pay despite rendering nine hours of work everyday; that
he and his co-workers sought assistance from the Philippine Embassy but they did
not succeed in pursuing their cause of action because of difficulties in
communication.
On May 31, 2002, the labor arbiter rendered a decision holding that the
modification of respondent’s employment contract is not allowed under Section 10
of Republic Act No. 8042 (R.A. No. 8042);[5] thus, he should have received the
original contracted salary of US$370.00 per month instead of the new rate given by
SAAD. It was also noted that respondent did not refute petitioner’s allegation
regarding the non-payment of placement and other processing fees prior to
deployment. The labor arbiter also found that there is no differential as far as
respondent’s overtime pay is concerned considering that he was given overtime
pay based on the new rate of SR 800.00. Since respondent rendered one hour of
overtime work per day for only 18 months, and not the entire 24 months as
claimed, the total overtime pay he received is more or less equivalent to the
amount he ought to have received if the original contracted rate of US$370.00 was
used. Finally, the labor arbiter awarded respondent attorney’s fees equivalent to
10% of the total judgment award for being compelled to hire a counsel to protect
his rights and interests. The dispositive portion of the Decision reads:
WHEREFORE, premises considered, judgment is hereby rendered
ORDERING respondent PLACEWELL INTERNATIONAL SERVICES
CORPORATION to pay complainant IRENEO B. CAMOTE the amount of
PESOS: TWO HUNDRED FIFTEEN THOUSAND FOUR HUNDRED
TWENTY FOUR ONLY (P215,424.00) representing underpayment of wages and
attorney’s fees.
SO ORDERED.[6]