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Sameer V Cabiles Doctrines
Sameer V Cabiles Doctrines
may not be removed from employment without a valid or just cause, and without going through
the proper procedure
Law of the place where the contract is made thus Const, LC, its IRR, and other labor laws
apply WRT rights of Filipino employees whether working within PH or abroad
Burden of proving that there is just cause for termination on the employer. Failure to show ->
illegal dismissal
Dismissal resulting from efficiency, requisites:
1. employer has set standards of conduct and worksmanship
2. communicated to the employee
3. at a reasonable time prior to performance assessment
security of tenure and due process is guaranteed to ALL employees, whether their employment is
probationary or regular
PET merely alleged that RESP failed to comply with foreign employers work requirements and
was inefficient in her work. No evidence to support allegations. No specification of requirements
allegedly not met, of efficiency standards violated, or what particular acts of RESP constituted
inefficiency. No showing that RESP was sufficiently informed of standards. Not enough to
support a claim of just cause; no proof that RESP was legally terminated
Dismissal less than one year from hiring and her repatriation on the same daw -> failure on the
part of PET to comply with the requirement of existence of just cause, did not comply with due
process.
Employer is required to give the charged employee at least 2 written notices before termination
1. inform employee of particular acts that may cause dismissal
2. inform employee of employers decision
PET did not comply with twin notices and hearing requirements. RESP was terminated barely a
month from first workday, and repatriated on the same day of her termination -> abruptness of
termination negated any finding of proper notice and opportunity to be heard
RESP is entitled to her salary for the unexpired portion of employment contract and attys fees
and reimbursements of amounts withhold from her salary. The award of three-month equivalent
of RESPs salary should be increased to the amount equivalent to the unexpired term of the
employment contract.
Serrano v. Gallant: the clause or for three months for every year of the unexpired term,
whichever is less is unconstitutional for violating the equal protection clause and substantive
due process
The provision on joint and several liability shifts the burden of going after the foreign employer
from the overseas worker to the local employment agency. But the local agency can go after the
foreign employer for reimbursement. Local agencies are also inoculated with interest in being
always on the lookout against foreign employers that tend to violate labor law.