CASE 2020-0011: PRIME STARS INTERNATIONAL PROMOTION CORPORATION AND RICHARD U. PERALTA VS. NORLY M. BAYBAYAN AND MICHELLE V. BELTRAN (G.R. NO. 213961. JANUARY 22, 2020) (SUBJECT/S: RESIGNATION CONTRADICTED BY FILING COMPLAINT; NO DIMINUTION OF BENEFITS IN OFW EMPLOYMENT CONTRACT APPROVED BY DOLE; RECRUITER SOLIDARILY LIABLE) (BRIEF TITLE: PRIME STARS ET AL VS BAYBAYAN ET AL.)
DISPOSITIVE:
SUBJECTS/DOCTRINES/DIGEST:
PETITIONER ARGUES THAT RESPONDENT BELTRAN VOLUNTARILY PRE-TERMINATED HIS EMPLOYMENT AGREEMENT BY SIGNING A MUTUAL CONTRACT ANNULMENT AGREEMENT. IS THIS CONTENTION CORRECT?
NO BECAUSE THIS THE FILING OF A COMPLAINT AT NLRC IS INCONSISTENT WITH RESIGNATION.
PETITIONER SAID THAT SINCE THEY ALREADY PRESENTED EVIDENCE OF RESIGNATION THE BURDEN OF PROOF NOW LIES WITH BELTRAN. IS THIS CORRECT?
NO, THE BURDEN IS WITH THE EMPLOYER STILL. THE ALLEGED RESIGNATION IS AMBIGUOUS AND DOUBTFUL.
PETITIONERS CONTEND THAT RESPONDENTS SIGNED AN ADDENDUM WHICH ALTERED THEIR EMPLOYMENT CONTRACT APPROVED BY POEA. THEREFORE THEY ARE BOUND BY THE ADDENDUM. IS THIS CONTENTION CORRECT?
NO BECAUSE THE LABOR CODE AND POEA RULES PROHIBIT DIMINUTION OF BENEFITS AND ALTERATION OF EMPLOYMENT CONTRACTS APPROVED BY DOLE.
IS THE RECRUITER, PRIME STARS, LIABLE?
YES. UNDER R.A. 8042 THE RECRUITER IS SOLIDARILY LIABLE WITH THE FOREIGN EMPLOYER.
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