remanded to the Labor Arbiter for proper evaluation of the evidence adduced by
the parties. However, considering that the records of the NLRC are before the
Court, the Court deems it more appropriate and practical to resolve the present
controversy in order to avoid further delay.[48]
Anent the interpretation of the contract of employment regarding the amount
of NT$13,350.00, the Court finds that the OCW Info Sheet [49] of respondent
indicating NT$13,350.00 as “basic salary” cannot be the basis for her claim of
salary differential since Article IV of her employment contract specifically
provides that the wage for a full month of working shall be NT$13,350.00 only
with free food and accommodation.[50] Moreover, the official interpretation of the
Philippine Labor Representative to Taiwan, Guerrero N. Cirilo, that the stipulated
salary is the “totality of the amount given to an employee as his compensation for
work done on a monthly basis”[51] should stand, in the absence of evidence that said
interpretation is patently erroneous.
As to the issue on night shift differential, evidence for the petitioner has
shown that the employees’ agreement with Philips to grant night shift allowance
became effective only after February 1996.[52] In the absence of express provision
in the agreement, the grant of night shift allowance cannot be interpreted to apply
retroactively. In this case, since the grant of night shift allowance became effective
three months after respondent’s repatriation to the Philippines on December 23,
1995, she is clearly not entitled to night shift differential.
With regard to the question of respondent’s entitlement to salary differential,
annual bonus and full attendance bonus, a thorough review of the evidence
adduced by the petitioner, comprising of the Employee Payment/Deduct Detail