Dear Atty. Gab,

Musta Atty! I’m writing to you because I’m really confused and worried about my job. I recently started working overseas as a caregiver. Before I left the Philippines, I signed a contract with my agency that stated my salary, working hours, and benefits. However, when I arrived at my employer’s house, they presented me with a new contract that had lower pay and longer hours. They said if I don’t sign it, they’ll send me back home.

I felt like I had no choice but to sign the new contract because I had already spent so much money to get here, and my family back home is depending on me. Now, I’m working longer hours for less money, and I don’t know if this is even legal. Did my employer’s actions violate the original contract that I signed in the Philippines? What are my rights in this situation, and what can I do to protect myself?

Thank you in advance for your help. I really appreciate any guidance you can offer.

Sincerely,
Sofia Javier

Dear Sofia,

Kumusta! I understand your concern about the changes to your work contract after you started your job overseas. It’s indeed a stressful situation when the terms of your employment are altered after you’ve already made significant investments to work abroad. In the Philippines, contracts must be honored in good faith, and any changes that significantly disadvantage an employee can be legally questionable.

It appears you are experiencing contract substitution and possible illegal recruitment. If the new contract you were made to sign has benefits that are lower than the original, POEA-approved contract, then that is considered a violation. You should seek legal remedies as soon as possible.

Understanding Contractual Integrity in Overseas Employment

When you enter into an employment agreement, especially for overseas work, that contract is expected to be honored. Philippine law protects workers from having their contracts unilaterally altered to their disadvantage. Let’s discuss how this applies to your situation.

Your original contract, approved by the Philippine Overseas Employment Administration (POEA), sets the terms of your employment. This includes your salary, working hours, benefits, and other conditions. When your employer presented you with a new contract that had lower pay and longer hours, this could be considered contract substitution, which is a prohibited practice.

It is unlawful for any individual, entity, licensee, or holder of authority to substitute or alter employment contracts approved and verified by the Department of Labor from the time of actual signing thereof by the parties up to and including the periods of expiration of the same without the approval of the Secretary of Labor.

Art. 34. Prohibited Practices. It shall be unlawful for any individual, entity, licensee, or holder of authority:

x x x x

(i) To substitute or alter employment contracts approved and verified by the Department of Labor from the time of actual signing thereof by the parties up to and including the periods of expiration of the same without the approval of the Secretary of Labor[.]

This means that any changes to your contract must be approved by the Department of Labor and Employment (DOLE). Additionally, Article 38 of the Labor Code, as amended by R.A. 8042, defines “illegal recruitment” to include substituting or altering employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment.

Even if you signed the new contract, it does not necessarily mean that you have waived your rights under the original contract. Philippine courts have often ruled that quitclaims and waivers signed by employees are suspect, especially if there is evidence of undue influence or coercion. Given that you felt you had no choice but to sign the new contract, it’s possible that it could be considered void.

“The acts of respondents of requiring the signing of new contracts upon reaching the place of work and requiring employees to sign quitclaims before they are paid and repatriated to the Philippines are all too familiar stories of despicable labor practices which our employees are subjected to abroad. While it is true that quitclaims are generally given weight, however, given the facts of the case, We are of the opinion that the complainants-appellants executed the same under duress and fear that they will not be allowed to return to the Philippines.”

Furthermore, constructive dismissal may occur if the new conditions of employment are so unfavorable that you feel compelled to resign. Constructive dismissal happens when you are forced to quit your job because the work conditions have become unbearable.

Consider this legal point, “A constructive dismissal or discharge is “a quitting because continued employment is rendered impossible, unreasonable or unlikely, as, an offer involving a demotion in rank and a diminution in pay.”

A constructive dismissal or discharge is “a quitting because continued employment is rendered impossible, unreasonable or unlikely, as, an offer involving a demotion in rank and a diminution in pay.”

This is a pivotal concept as it relates to overseas workers being exploited for monetary gain. In addition, it could be argued that you have breach of contract if your employer isn’t giving you the working and living situations you were promised originally.

“Aggravating the contract substitution imposed upon them by their employer, the respondents were made to suffer substandard (shocking, as they put it) working and living arrangements. Both the original contracts the respondents signed in the Philippines and the appointment letters issued to them by Modern Metal in Dubai provided for free housing and transportation to and from the jobsite.”

Practical Advice for Your Situation

• Document Everything: Keep copies of both your original contract and the new contract you were asked to sign. Also, document any changes in your working conditions (hours, pay, benefits) and any communication with your employer or agency about these changes.
• Consult with a Labor Lawyer: Seek advice from a lawyer who specializes in labor law, particularly cases involving overseas Filipino workers. They can assess your situation and advise you on the best course of action.
• File a Complaint with the POEA: You can file a complaint with the POEA against your agency for contract substitution and other violations. The POEA can investigate your case and impose sanctions on the agency if they are found to be in violation of the law.
• Contact the Philippine Embassy or Consulate: Reach out to the Philippine embassy or consulate in your host country. They can provide you with assistance and protection, including legal advice and representation.
• Consider Mediation: Explore the possibility of mediation with your employer or agency. A neutral mediator can help you reach a mutually acceptable agreement.
• Don’t Resign Immediately: Avoid resigning from your job unless you have no other choice. Resigning could weaken your legal position in a constructive dismissal case.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.