or for three (3) months for everyday year of the unexpired term,
whichever is less.
Clearly, to warrant the grant of salary for the unexpired portion of the
contract, the termination of employment must be “without just, valid or
authorized cause as defined by law or contract”, a condition that is absent in
the present case.”
It is clear from the first paragraph of Section 10 of Republic Act No. 8042, as
amended, that in addition to “claims arising out of an employer-employee relationship or by
virtue of any law or contract involving OFWs,” the Labor Arbiters of the NLRC have
original and exclusive jurisdiction to hear and decide, “claims for actual, moral, exemplary
and other forms of damage. xxx” It is also clear in the law that "the liability of the
principal/employer and the recruitment/placement agency for any and all claims under this
section shall be joint and several.”
Further, one of the undertakings assumed by any person applying for a license to
operate a recruitment agency is to “(a)ssume joint and several liability with the employer for
all claims and liabilities which may arise in connection with the implementation of the
contract, including but not limited to unpaid wages, death and disability compensation and
repatriation.”91
But what exactly are the OFW claims for damages cognizable by the Labor Arbiters
of the NLRC?
In the case of “Spouses Hipolito Dalen, Sr. and Fe G. Dalen, et al. vs. United
Philippine Lines, Inc., et al,”92 the Supreme Court made a distinction as to what type of
damages are cognizable by the regular courts and by the Labor Arbiters of the NLRC. Thus:
“Before going into the issues raised by the parties, it is necessary to
first settle whether the claim for damages based on tort filed by petitioners
before the LA was proper.
“The Labor Code provides that:
“Art. 224.[217] Jurisdiction of Labor Arbiters and the Commission. –
xxxx
“4. Claims for actual, moral, exemplary and other forms of damages
arising from the employer-employee relations;
xxxx
91
92
Section 4(f)(8) of Rule II (A) of the POEA Revised Rules and Regulations Governing the
Recruitment and Employment of Landbased Overseas Filipino Workers of 2016
G.R. No. 194403, July 24, 2019
53
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