Shortly after her return or on February 14, 2000, Divina filed a
complaint before the National Labor Relations Commission (NLRC) against
Sunace, one Adelaide Perez, the Taiwanese broker, and the employer-foreign
principal alleging that she was jailed for three months and that she was underpaid.
The following day or on February 15, 2000, Labor Arbitration Associate
Regina T. Gavin issued Summons to the Manager of Sunace, furnishing it with a
copy of Divina’s complaint and directing it to appear for mandatory conference on
February 28, 2000.
The scheduled mandatory conference was reset. It appears to have been
concluded, however.
On April 6, 2000, Divina filed her Position Paper claiming that under her
original one-year contract and the 2-year extended contract which was with the
knowledge and consent of Sunace, the following amounts representing income tax
and savings were deducted:
[2]
[3]
[4]
Year
1997
1998
1999
Deduction for
Income Tax
NT10,450.00
NT9,500.00
NT13,300.00
Deduction for Savings
NT23,100.00
NT36,000.00
NT36,000.00;
[5]
and while the amounts deducted in 1997 were refunded to her, those deducted in
1998 and 1999 were not. On even date, Sunace, by its Proprietor/General
Manager Maria Luisa Olarte, filed its Verified Answer and Position Paper,
claiming as follows, quotedverbatim:
[6]
COMPLAINANT IS NOT ENTITLED
FOR THE REFUND OF HER 24 MONTHS
SAVINGS
3. Complainant could not anymore claim nor entitled for the refund of her
24 months savings as she already took back her saving already last year and the
employer did not deduct any money from her salary, in accordance with
a Fascimile Message from the respondent SUNACE’s employer, Jet Crown