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| The case continues at Labour Tribunal |
By Leo A. Deocadiz
If you renewed your employment contract but failed to avail of the free round trip air ticket you were entitled to because of the Covid-19 pandemic, you may not recover that air ticket’s equivalent value even if you include it in your claims at the Labour Tribunal.
The opinion of Presiding Officer Catherine Cheng, speaking
during a hearing today between Filipino domestic helper April Maniquiz and her
employer Tai Yick-tung, is that getting that ticket is subject to negotiation.
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| PINDUTIN PARA SA DETALYE! |
Cheng acknowledged that the standard domestic helper
contract provides for a free air ticket at each start and end of a contract.
Clause 7 (a) states: “The employer shall provide the helper
with free passage from his/her place of origin to Hong Kong and on termination
or expiry of this contract, free return passage for his/her place of origin.”
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| Pindutin para sa detalye |
But Cheng said that because of the pandemic, “it is difficult to say if the employer is accountable” because the circumstances were out of their control.
Thus, she told the two parties, “to save time, I urge you to try to negotiate to settle on the amount.”
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| PINDUTIN PARA SA DETALYE |
If they still disagree, “I will set this case for trial to deal with the interpretation of the clause,” she added.
She gave the two
parties 10 minutes to negotiate.
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| Pindutin para sa detalye |
When they returned, Maniquiz had given up her claim to a round-trip ticket she said she was entitled to after completing her third contract. The employer agreed to pay for a one-way ticket to the Philippines after the fourth contract, payable on their case’s last day of trial.
The dispute arose after Maniquiz was
terminated by her employer less than two months before she was to complete her
fourth contract.
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| BOOK YOUR FLIGHTS NOW! PRESS FOR DETAILS |
Tai, on the other hand, claimed she
terminated Maniquiz for cause -- which she has to prove in the trial.
With her employer also agreeing to her claim to $100 for
travel expenses, Maniquiz still has four claims to pursue in the next hearing
on Nov. 15:
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| BASAHIN ANG DETALYE |
- $4,630: One month’s salary in lieu of notice.
- $3,534: Annual leave.
- $24,750: Severance pay.
- $24,750: Long Service pay.
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| PADALA NA! |
