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G.R. No. 128845. June 1, 2000.
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* FIRST DIVISION.
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why he receives less or why the others receive more. That would be
adding insult to injury. The employer has discriminated against
that employee; it is for the employer to explain why the employee is
treated unfairly.
Same; Same; The State has the right and duty to regulate the
relations between labor and capital.·The Constitution enjoins the
State to „protect the rights of workers and promote their welfare,‰
„to afford labor full protection.‰ The State, therefore, has the right
and duty to regulate the relations between labor and capital. These
relations are not merely contractual but are so impressed with
public interest that labor contracts, collective bargaining
agreements included, must yield to the common good. Should such
contracts contain stipulations that are contrary to public policy,
courts will not hesitate to strike down these stipulations.
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KAPUNAN, J.:
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dependents of foreign 1
diplomatic personnel and other
temporary residents. To enable the School to continue
carrying out its educational program and improve its
standard of instruction, Section 2(c) of the same decree
authorizes the School to
employ its own teaching and management personnel
selected by it either locally or abroad, from Philippine or
other nationalities, such personnel being exempt from
otherwise applicable laws and regulations attending their
employment, except laws that have been or will be enacted
for the protection of employees.
Accordingly, the School hires both foreign and local
teachers as members of its faculty, classifying the same
into two:
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2 Rollo, p. 328.
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Americans - 17
Australian - 2
Belgian - 1
British - 2
Burmese - 1
Canadian - 2
Chinese - 2
French - 1
German - 1
Indian - 5
Japanese - 1
Malaysian - 1
New Zealander - 1
Spanish - 1
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We cannot agree.
That public policy abhors inequality and discrimination
is beyond contention. Our Constitution and laws
8
reflect the
policy against these evils. The Constitution in the Article
on Social Justice and Human Rights exhorts Congress to
„give
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7 Id., at 38-39.
8 In Section 1, Article XIII thereof.
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nation in Education, the Convention (No. 111) Concerning 16
Discrimination in Respect of Employment and Occupation
·all embody the general principle against discrimination,
the very antithesis of fairness and justice. The Philippines,
through its Constitution, has incorporated this principle as
part of its national laws.
In the workplace, where the relations between capital
and labor are often skewed in favor of capital, inequality
and discrimination by the employer are all the more
reprehensible. 17
The Constitution specifically provides that labor is
entitled to „humane conditions of work.‰ These conditions
are not restricted to the physical workplace·the factory,
the office or the field·but include as well the manner by
which employers treat 18
their employees.
The Constitution also directs the State to promote
„equality of employment
19
opportunities for all.‰ Similarly,
the Labor Code provides that the State shall „ensure
equal work opportunities regardless of sex, race or creed.‰
It would be an
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with:
x x x.
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20 E.g., Article 135 of the Labor Code declares it unlawful for the
employer to require, not only as a condition of employment, but also as a
condition for the continuation of employment, that a woman shall not get
married.
21 In relation to Articles 288 and 289 of the same Code.
23
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conditions, should be paid similar salaries. This rule
applies to the School, its „international character‰
notwithstanding.
The School contends that petitioner has not adduced
evidence that23
local-hires perform work equal to that of
foreignhires. The Court finds this argument a little
cavalier. If an employer accords employees the same
position and rank, the presumption is that these employees
perform equal work. This presumption is borne by logic and
human experience. If the employer pays one employee less
than the rest, it is not for that employee to explain why he
receives less or why the others receive more. That would be
adding insult to injury.
The employer has discriminated against that employee;
it is for the employer to explain why the employee is
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treated unfairly.
The employer in this case has failed to discharge this
burden. There is no evidence here that foreign-hires
perform 25% more efficiently or effectively than the local-
hires. Both groups have similar functions and
responsibilities, which they perform under similar working
conditions.
The School cannot invoke the need to entice foreign-
hires to leave their domicile to rationalize the distinction in
salary rates without violating the principle of equal work
for equal pay.
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