Position Paper Complainant
Position Paper Complainant
Position Paper Complainant
JONALYN BEDKING-BALOLANG,
Complainant,
Respondents.
x-------------------------------------------------------x
POSITION PAPER
FOR THE COMPLAINANT
I. STATEMENT OF FACTS
5. The contract between the complainant and the respondents have a duration of two
(2) years to be counter from her date of arrival in Al-Khobar, Saudi Arabia.
6. Her latest monthly salary amounted to 300 US Dollars per month (as of December
10, 2016).
7. Included in her contract is she was provided a rest day of one (1) day every after
two (2) weeks of each month.
9. The complainant, however, during her whole stay in the household of MR. SAYED
AL-HAMADAH, received only a salary of 300 US Dollars per month instead of the 400
US Dollars that was indicated in the contract she signed with EMING-MILO
MANPOWER SERVICES INC. in the Philippines.
10. When she ask her employer MR. HAMADAH about the 100 US Dollars deficiency,
MR. HAMADAH answered that the 100 US Dollars that was being deducted from her
monthly salary is for the payment of her plane ticket coming to Saudi Arabia.
11. MS. BEDKING BALOLANG did not raise the issue anymore of the 100 US Dollars
deficiency in her monthly salary for fear of losing her job.
12. In the early morning of January 13, 2017, her employer MR. AL-HAMADAH woke
her up asking for the whereabouts of the gold bracelet which belongs to his wife,
SAFIYAH AL-HAMADAH.
13. The complainant, answered the respondent that she has never seen the bracelet
he was talking about.
14. The respondent then when out her room but returned after 3 (three) hours, this
time ordering her to pack her belongings because he is taking her to the police for
stealing his wife’s gold bracelet.
15. The complainant, knowing that theft is a serious crime under Saudi Law, begged
the respondent not to take her to the police and repeated that she does not have the
gold bracelet he was mentioning and that she has never seen it.
16. The respondent, thereafter, forced her to his car and drove her to the house of his
brother who is married to a Filipina, but she does not know her name.
17. In the house of the respondent’s brother, the complainant can hear them speaking
is Arabic but she could not understand anything.
18. At around one-thirty (1:30pm) in the afternoon, the Filipina wife of the respondent’s
brother approached her and said that they are taking her to the Philippine Embassy in
Riyadh.
19. The Filipina wife of the respondent’s brother warned her not to say anything
anymore unless she wants to have her hands cut-off just like what they do to thieves in
Saudi Arabia.
20. After hours of driving, they arrived in the gate of the Philippine Embassy in Riyadh.
The complainant immediately alighted the automobile of the respondent’s brother and
run towards the Philippine Embassy in panic.
21. The complainant stayed in a shelter for abused Filipino employees in Saudi Arabia
for 3 months while waiting for the processing of her repatriation documents.
22. At 9:34 in the morning of April 2, 2017, the complainant arrived at the Ninoy
Aquino International Airport with only 87 US Dollars in her pocket, and a pair of jeans
and shirt in her backpack.
The illegal acts of the respondents cause the complainant to be illegally
dismissed without just cause, and without being given the right to explain herself
to her defense. She also suffered extreme psychological trauma and anxieties,
sleepless nights, besmirched reputation and social humiliation.
II. ISSUE
1. Whether or not the complainant has been illegally dismissed by his foreign
employer;
2. Whether or not the complainant is entitled to the reliefs prayed for in his
complaint on the ground of illegal dismissal by her foreign employer.
II. DISCUSSION
1. The respondents failed to present evidence that the complainant was guilty of
any of the grounds provided for by law for an employee to be dismissed;
Article 282 of the Code speaks of the just grounds to dismiss an employee.
“x x x.
XXX.”
In the reiteration of the complainant of the events of her illegal dismissal, she was
merely woken up by her foreign employee accusing her of stealing a gold bracelet
which she has never seen at all.
The complainant was never given the opportunity to explain her side in her
defense, but rather, threatened to be surrendered to the Saudi police.
In the case of NEW PUERTO COMMERCIAL, ET. AL. VS. LOPEZ, ET. AL., GR
NO. 1699999, JULY 26, 2010, discussed DUE PROCESS OF LAW in labor
cases.
“x x x.
X x x.”
2. The complainant is entitled to the reimbursement of her placement fee and plus
legal interests, and the payment of the unexpired portion of her employment
contract.
Under RA 10022:
XXX
XXX
XXX
For cases arising after the effectivity of R.A. No. 8042, when the termination of
employment is without just, valid or authorized cause as defined by law or
contract, the worker shall be entitled to the full reimbursement of his placement
fee with interest of twelve percent (12%) per annum, plus his salaries for the
unexpired portion of his employment contract or for three (3) months for every
year of the unexpired term whichever is less.60
In the contract signed by the complainant with the respondents, the employment
contract shall be valid for a period of two (2) years from the date the employee arrived in
Al-Khobar, Saudi Arabia which is on April 11, 2016. Therefore, her employment contract
is until April 12, 2018. Since he was illegally dismissed on January 13, 2017, after the
effectivity of R.A. No. 8042, he is therefore entitled to backwages corresponding to the
unexpired portion of his contract, which was equivalent to Php 245,941.45.
VI. PRAYER
(a) BACKWAGES from the date of his illegal dismissal on January 13, 2017 up
to the time his contract ends on April 12, 2018, amounting to Php 245,941.45
(f)
FINALLY, the complainant respectfully pays for such and other reliefs as may be
deemed just and equitable in the premises.
3. I have read the contents thereof and the facts stated therein are true and correct of
my personal knowledge and/or on the basis of copies of documents and records in my
possession;
___________________________
Affiant
City of _________________
Page No.______;
Book No.______;
Series of 2017.
Copy Furnished:
RIA REVITA
Roll of Attorney’s No. 24681; May 4, 2014
IBP No. 09876 (Lifetime)
PTR No. 5566778; 03-11-2015; Baguio City
MCLE Compliance No. III- 0054327
(June 3, 2016)
JACQUELINE MALIAMAN
Roll of Attorney’s No. 78903; May 7, 2015
IBP No. 37894 (Lifetime)
PTR No.234561; 03-8-2012; Baguio City
MCLE Compliance No. IV- 0087893
(July 5, 2015)