|
THE National Labor Relations Commission has dismissed the cases
filed by the 31 Filipino nurses against Sentosa Recruitment Agency
and its foreign principals.
The cases were filed by 31 Filipino nurses who
are working in various long-term healthcare facilities in New York
for alleged illegal dismissal, nonpayment of and underpayment of
salaries, and other money claims.
In a 17-page decision penned by Executive Labor
Arbiter Fatima Jambaro-Franco, the Labor commission said the
complainants did not observe the requirement that they give notice
to resign to their employers in advanced. Hence, they violated their
employer’s contract and the Labor Code of the Philippines.
Among the complainants in the case were Juliet
Anilao, Marriet Avila, Dulce Corazon Bayot, Annabelle Capulong,
Marites Chan, Maricelle Dealo, Marie de la Cruz and Maritoni de la
Rosa.
Named respondents were Sentosa Recruitment
Agency, Francis Luyun, Bent Philipson and healthcare facilities
in New York.
The commission’s decision, which was written
on January 24, declared that under contract, at least two weeks
notice of intent to resign is required, and under the Labor Code of
the Philippines, at least one month notice is required. Either
of the required notification was not observed by the 31
nurses.
Franco said all the complainants tendered their
resignation letters, hence they cannot claim illegal dismissal,
either actual or constructive.
On money claims, Franco found out that the
payslips of the 31 nurses clearly showed that they were paid a
salary rate of $24 per hour even if their contract only states a
minimum of $22. In fact, one nurse was even paid $40 per hour.
The latest decision from the Labor body is the
third consecutive case lost by the nurses in the Philippines against
Sentosa. The Filipino nurses are also into legal battles in the US.
|
