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Sameer Overseas v. Cabiles (Labor) Uploaded by Kev Bayona
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G.R. No. 170139
Masiclat v Centeno
1
of 3
Codilla v de Venecia Case
Part 1 Case Digest of Labor
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August 5, 2014
SAMEER OVERSEAS PLACEMENT AGENCY, INC., Petitioner, vs. OY C. CA!ILES, Respondent. "ACTS# •
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Petitioner, Sameer Overseas Placement Agency, Inc., is a recruitment and placement agency. Respondin published, respondent, Joy C. Cabiles, submitted her application for a uality control !ob in "ai#an. "ai#an. Joy$s application #as accepted. Joy #as later as%ed to sign a oneyear employment contract for a mon &"'(),*+.. She alleged that Sameer Overseas Agency reuired her to pay a placement fee of P-,. signed the employment contract. Joy #as deployed to #or% for "ai#anacoal, Co. /td. 0acoal1 on June 2+, (33-. She alleged that in her contract, she agreed to #or% as uality control for one year. In "ai#an, "ai#an, she #as as%ed to #or% as a c utter. Sameer Overseas Placement Agency claims that on July (4, (33-, a certain 5r. 6u#ang from acoal i #ithout prior notice, that she #as terminated and that 7she should immediately report to their office to get h passport.7 She #as as%ed to 7prepare for immediate repatriation.7 Joy claims that she #as told that from June 2+ to July (4, (33-, she only earned a total of &"'3,. Acco acoal deducted &"'*, to cover her plane tic%et to 5anila. Subseuently, Joy filed a complaint #ith the &/RC against petitioner and acoal. She claimed that she dismissed. She as%ed for the return of her placement fee, the #ithheld amount for repatriation costs, pa salary for 2* months as #ell as moral and e8emplary damages. She identified acoal as Sameer Oversea Agency$s foreign principal. Sameer Overseas Placement Agency alleged that respondent9s termination #as due to her inefficiency, negl duties, and her 7failure to comply #ith the #or% reuirements :of; her foreign :employer;.7 "he agency also c did not as% for a placeme placement nt fee of P-, P-,. .. . As eviden evidence, ce, it sho#ed sho#ed an offici official al receip receiptt bearin bearin of P2,*+.. Petitioner added that acoal9s accreditation #ith petitioner had already been transferred t 5anpo#er < 5anagement Services, Inc. 0Pacific1. "hus, petitioner asserts that it #as already substitute 5anpo#er. Pacific 5anpo#er moved for the dismissal of petitioner$s claims against it. It alleged that there #as no employ relationship bet#een them. "herefore, the claims against it #ere outside the !urisdiction of the /abor Ar 5anpo#er argued that the employment contract should first be presented so that the employer$s contractua might be identified. It further denied that it assumed liability for petitioner$s illegal acts. "hereafter, the /abor Arbiter dismissed Joy$s complaint. Joy appealed to the &/RC. In a resolution, resolution, the &/RC declared declared that Joy #as illegally illegally dismissed. It reiterated reiterated the doctrine doctrine thatthe burde Sign up to vote on this sho# that the dismissal #as based on a !ust or valid cause belongs to the employer. Ittitle found that Same Placement Agency failed to prove that there #ere !ust causes for termination. "here #as no Useful Not usefulsufficient proof respondent #as inefficient in her #or% and that she failed to comply #ith company reuirements. >urthermor due process #as not observed in terminating respondent. "he Commission denied the agency$s motion for reconsideration
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Masiclat v Centeno
1
of 3
Codilla v de Venecia Case
Part 1 Case Digest of Labor
Search document
Sameer Overseas Placement Agency failed to sho# that there #as !ust cause for causing Joy$s dismissal. "he emplo also failed to accord her due process of la#.
Indeed, employers have the prerogative to impose productivity and uality standards at #or%.)@ "hey may also impos rules to ensure that the employees comply #ith these standards.)3 >ailure to comply may be a !ust dismissal.+ Certainly, employers cannot be compelled to retain the services of an employee #ho is guilty of acts that a the interest of the employer.+( hile the la# ac%no#ledges the plight and vulnerability of #or%ers, it does not 7a oppression or self=destruction of the employer.7 5anagement prerogative is recognied in la# and in our !urispru prerogative, ho#ever, should not be abused. It is 7tempered #ith the employee$s right to security of tenure.7 +*or%er to substantive and procedural due process before termination. "hey may not be removed from employment #ithout cause as determined by la# and #ithout going through the proper procedure. Security of tenure for labor is guara Constitution.
Bmployees are not stripped of their security of tenure #hen they move to #or% in a different !urisdiction. ith respect of overseas >ilipino #or%ers, #e follo# the principle of le8 loci contractus 0the la# of the place #here the contract is governs in this !urisdiction. "here is no uestion that the contract of employment in this case #as perfected here in the "herefore, the /abor Code, its implementing rules and regulations, and other la#s affecting labor apply in this case. settled is the rule that the courts of the forum #ill not enforce any foreign claim obno8ious to the forum$s public polic Philippines, employment agreements are more than contractual in nature. "he Constitution itself, in Article II guarantees the special protection of #or%ers, to #itD
"he State shall afford full protection to labor, local and overseas, organied and unorganied, and promote full emp euality of employment opportunities for all. It shall guarantee the rights of all #or%ers to self organiation, collecti and negotiations, and peaceful concerted activities, including the right to stri%e in accordance #ith la#. "hey shall security of tenure, humane conditions of #or%, and a living #age. "hey shall also participate in policy and dec processes affecting their rights and benefits as may be provided by la#. Ey our la#s, overseas >ilipino #or%ers 0O> be terminated for a !ust or authoried cause and after compliance #ith procedural due process reuirements.
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Article 2@2 of the /abor Code enumerates the !ust causes of termination by the employer. "husD Unlock full access with a free trial. Art. 2@2. "ermination by employer. An employer may terminate an employment for any of the follo#ing causesD
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0a1 Serious misconduct or #illful disobedience by the employee of the la#ful orders of his employer or repr connection #ith his #or%F 0b1 Gross and habitual neglect by the employee of his dutiesF
0c1 >raud or #illful breach by the employee of the trust reposed in him by his employer or duly authoried repr
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Usefulof his Not useful 0d1 Commission of a crime or offense by the employee against the or any immediat person employer his family or his duly authoried representativesF and
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Masiclat v Centeno
1
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Codilla v de Venecia Case
Part 1 Case Digest of Labor
Search document
6o#ever, #e do not see #hy the application of that ruling should be limited to probationary employment. "hat rule is idea of security of tenure and due process, #hich are guaranteed to all employees, #hether their employment is pro regular. "he pre=determined standards that the employer sets are the bases for determining the probationary emplo propriety, efficiency, and ualifications as a regular employee. ?ue process reuires that the probationary employee b such standards at the time of his or her engagement so he or she can ad!ust this or her character or #or%manship Proper ad!ustment to fit the standards upon #hich the employee$s ualifications #ill be evaluated #ill increase one$ being positively assessed for regulariation by his or her employer.
Assessing an employee$s #or% performance does not stop after regulariation. "he employer, on a regular basis, det employee is still ualified and efficient, based on #or% standards. Eased on that determination, and after complying process reuirements of notice and hearing, the employer may e8ercise its management prerogative of terminating t found unualified.
"he regular employee must constantly attempt to prove to his or her employer that he or she meets all the s employment. "his time, ho#ever, the standards to be met are set for the purpose of retaining employment or pro employee cannot be e8pected to meet any standard of character or #or%manship if such standards #ere not commun or her. Courts should remain vigilant on allegations of the employer$s failure to communicate#or% standards that # one$s employment 7if :these are; to discharge in good faith :their; duty to ad!udicate.7 In this case, petitioner merel respondent failed to comply #ith her foreign employer$s #or% reuirements and #as inefficient in her #or%. &o evidenc to support such allegations. Petitioner did not even bother to specify #hat reuirements #ere not met, #hat efficien #ere violated, or #hat particular acts of respondent constituted inefficiency.
"here #as also no sho#ing that respondent #as sufficiently informed of the standards against #hich her #or% e performance #ere !udged. "he parties$ conflict as to the position held by respondent sho#ed that even the matter as !ob title #as not clear. "he bare allegations of petitioner are not sufficient to support a claim that there is !ust cause fo "here is no proof that respondent #as legally terminated. Respondent$s dismissal less than one year from hir repatriation on the same day sho# not only failure on the part of petitioner to comply #ith the reuirement of the e8is Reading Preview cause for termination. "hey patently sho# that theYou're employers did not a comply #ith the due process reuirement.
full access trial. of dismissal.-) "he employer is re A valid dismissal reuires both a valid cause and Unlock adherence to thewith valida free procedure the charged employee at least t#o #ritten notices before termination. One of the #ritten notices must inform the em particular acts that may cause his or her dismissal. "he other notice must 7:inform; the employee of Withalso Free decision.7-@ Aside from the notice reuirement, theDownload employee must beTrial given 7an opportunity to be heard.7 Petiti comply #ith the t#in notices and hearing reuirements. Respondent started #or%ing on June 2+, (33-. She #as told terminated on July (4, (33- effective on the same day and barely a month from her first #or%day. She #as also repa same day that she #as informed of her termination. "he abruptness of the termination negated any finding that she notified and given the opportunity to be heard. 6er constitutional right to due process of la# #as violated.
6BRB>ORB, the petition is ?B&IB?. "he decision of the CA is A>>IR5B? #ith modification. Petitioner Same Signeuivalent up to votetoon this titlefor the une8pir Placement Agency is OR?BRB? to pay respondent Joy C. Cabiles the amount her salary her employment contract at an interest of +H per annum from the finality of this !udgment. Petitioner is also O Useful Not useful reimburse respondent the #ithheld &"'*,. salary and pay respondent attorney9s fees of &"'*. at an intere annum from the finality of this !udgment.
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