EMS Manpower & Placement Services vs NLRC : 107723 : July 24, 1... 3 of 3 http://sc.judiciary.gov.ph/jurisprudence/1997/jul1997/107723.htm Costs against petitioner. SO ORDERED. Regalado, (Chairman), Puno, and Mendoza, JJ., concur. Torres, Jr., J., on leave. [1] Annex A, Rollo, pp. 24-28. [2] It states that, The Helper shall be entitled to at least one rest day in each week. A rest day is a continuous period of not less than twenty four hours. The dates of the weekly rest days will be appointed by the Employer who must, unless the rest days are on a regular basis, notify the Helper before the beginning of each week. [3] Annex E, Rollo, pp. 45-49. [4] It states that, In the event of either party wishing to terminate this Contract prior to the expiry of this Contract, the initiating party shall give in writing to the other party one months notice or forfeit one months wages in lieu of notice. x x x. [5] It states that, In case of termination of Contract under Clause 12(b), the Helper shall be repatriated to Manila, Philippines or at the Helpers request sent to her place of origin if such place is nearer to Hong Kong. The Employer shall pay the costs of the return passage supplemented by the travelling allowance stated in Clause 7(c). [6] Rollo, pp. 58-70. [7] Ibid., p. 39. [8] Art. 282. Termination by employer. -- An employer may terminate an employment for any of the following causes: (a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; x x x. [9] It states that, Notwithstanding the provision of Clause 12(a), the Employer may in writing terminate the Contract without notice or payment in lieu of notice if the Helper, in relation to the employment, (i) x x x; (ii) commits misconduct, such misconduct being inconsistent with the due and faithful discharge of her duties; x x x. [10] Fn. 4, supra. [11] Dated June 21, 1990; Rollo, p. 40. 1/24/2016 9:32 PM