Powerhouse Staffbuilders International, Inc. vs.
JEJ The filing of complaints for illegal dismissal immediately
FACTS:
 Powerhouse hired respondent employees (RE) as operators
for its foreign principal, Catcher. The REs are based in
Taiwan. Their monthly salary would be NT$15,840, their
contracts are good for 2 years. They worked from June 2000,
repatriated by March 2001.
 REs filed separate complaints for illegal dismissal against
Powerhouse and Catcher before the LA. They alleged that
Catcher informed them that they would all be repatriated
due to low orders. Catcher stopped providing them food
and they had to live by the donations/dole outs from
sympathetic friends and the church because their salaries
were deducted by NT$10,000 for eight to nine months.
 Powerhouse moved to implead JEJ International Manpower
Services (JEJ) as respondent on account of the alleged
transfer to the latter of Catcher's accreditation.
 LA ruled in favor of RE because Powerhouse failed to
substantiate its allegations that RE voluntarily pre-
terminated their contracts.
 NLRC and CA affirmed. Hence.
ISSUES:
1. WON RE were illegally dismissed – YES
The burden of proving WON an employee has been
dismissed legally rests on the employer and the failure to discharge
the onus would mean that the dismissal was not justified and was
illegal.
after repatriation belies the claim that respondent employees
voluntarily chose to be separated and repatriated. Voluntary
repatriation, much like resignation, is inconsistent with the filing of
the complaints.
2. WON RE entitled to the payment of monetary claims – YES
REs are entitled to not just the three-month equivalent of
their salaries but to the amount equivalent to the unexpired term of
the employment contract in accordance with our rulings in Serrano.
In Serrano, We held that the clause "or for three (3) months for every
year of the unexpired term, whichever is less" (subject clause) is
both a violation of the due process and equal protection clauses of
the Constitution.
REs are also entitled for refunds of the unauthorized
monthly deductions to their salaries. REs were able to present proof
before the NLRC in the form of the two (2) passbooks given to each
of them by their foreign employer. The foreign employer made
illegal deductions from the First Passbook.
3. WON Powerhouse is liable for the monetary claims – YES
The terms of Section 10 of R.A. No. 8042 clearly states the
solidary liability of the principal and the recruitment agency to the
employees and this liability shall not be affected by any
substitution, amendment or modification for the entire duration of
the employment contract.
JEJ could not be held liable for the monetary claims of
respondent employees on account of the alleged transfer of
accreditation to it. Even if there was transfer of accreditation by
Catcher from Powerhouse to JEJ, Powerhouse's liability to
respondent employees remained intact because respondent
employees are not privy to such contract, and in their overseas
employment contract approved by POEA, Powerhouse is the
recruitment agency of Catcher.
R.A. No. 8042 ensures that overseas workers have recourse
in law despite the circumstances of their employment. By
providing that the liability of the foreign employer may be
"enforced to the full extent" against the local agent, the overseas
worker is assured of immediate and sufficient payment of what is
due them. Corollarily, the provision on joint and several liability in
R.A. No. 8042 shifts the burden of going after the foreign employer
from the overseas worker to the local employment agency.
However, the local agency that is held to answer for the overseas
worker's money claims is not left without remedy. The law does not
preclude it from going after the foreign employer for
reimbursement of whatever payment it has made to the employee
to answer for the money claims against the foreign employer.