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Ratio: This is so for the Seamen demanded Held: the Board believes that the
and in fact received from the Company termination of the services of the Seamen
wages over and above their contracted was legal and in accordance with the
rates, which in effect is an alteration or provisions of their respective employment
modification of a valid and subsisting contracts.
contract; and the same not having been
done thru mutual consent and without the Ratio: Considering the findings of the
prior approval of the Board the alteration or Board that the Seamen breached their
modification is contrary to the provisions of contracts, their subsequent repatriation was
the New Labor Code, as amended, more justified. While it may be true that the
particularly Art. 34 (i) thereof which states Seamen were hired for a definite period
that: their services could be terminated prior to
the completion of the fun term thereof for a
Art. 34. Prohibited practices.It shall be just and valid cause.
unlawful for any individual, entity, licensee
or holder of authority: It may be stated in passing that Vir-jen
Shipping & Marine Services, Inc., despite
xxx xxx xxx the fact that it was compelled to accede to a
25% salary increase for the Seamen, tried
(i) To substitute or alter employment to convince its principal Kyoei Tanker, Ltd.
contracts approved and verified by the to an adjustment in their agency fee to
Department of Labor from the time of actual answer for the 25% increase, but the latter
signing thereof by the parties up to and not only denied the request but likewise
including the period of expiration of the terminated their Manning, Agreement. The
same without the approval of the Seamen's breach of their employment
Department of Labor; contracts and the subsequent termination of
the Manning Agreement of Vir-jen Shipping
& Marine Services, Inc. with the Kyoei representing the unpaid portion of her basic
Tanker, Ltd., justified the termination of the salary for six months.
Seamen's services.
Held: The petition is meritorious.
Chavez v Perez
Ratio: Firstly, we hold that the managerial
Facts: On December 1, 1988, petitioner, an commission agreement executed by
entertainment dancer, entered into a petitioner to authorize her Japanese
standard employment contract for overseas Employer to deduct Two Hundred Fifty U.S.
Filipino artists and entertainers with Dollars (US$250.00) from her monthly basic
Planning Japan Co., Ltd., 2 through its salary is void because it is against our
Philippine representative, private existing laws, morals and public policy. It
respondent Centrum Placement & cannot supersede the standard
Promotions Corporation. employment contract of December 1, 1988
approved by the POEA with the following
December 5, 1888, the POEA approved the stipulation appended
contract.
Any alterations or changes made in any
Subsequently, petitioner executed the part of this contract without prior approval
following side agreement with her Japanese by the POEA shall be null and void
employer through her local manager, Jaz
Talents Promotion: Clearly, the basic salary of One Thousand
Five Hundred U.S. Dollars (US$1,500.00)
Date: Dec. 10, 1988 guaranteed to petitioner under the parties'
standard employment contract is in
SUBJECT: Salary Deduction accordance with the minimum employment
standards with respect to wages set by the
MANAGERIAL COMMISSION POEA, Thus, the side agreement which
reduced petitioner's basic wage to Seven
DATE OF DEPARTURE: Hundred Fifty U.S. Dollars (US$750.00) is
_________________ null and void for violating the POEA's
minimum employment standards, and for
ATTENTION: MR. IWATA not having been approved by the POEA.