Facts:
Petitioner and Nicolas Saceda entered into a contract of employment for two years. On January 8, 1984, Saceda completed his contract and the petitioner extended it to January 27, 1984. On February 9, 1984, Saceda was dispatched to Jeddah, Saudi Arabia for immediate repatriation to the Philippines. He was first booked on February 21, 1984, however, Saceda refused to depart because he wanted to wait for the final disposition on the complaint he filed against the petitioner for the payment of his bonus, unused vacation/sick leave, and unpaid wages from December 1, 1983 up to January 27, 1984. The decision of the Saudi labor authorities which was favorable to Saceda was rendered on March 24, 1984. Saceda agreed to be repatriated on March 27, 1984, after the petitioner paid him the award granted by the Saudi labor authorities. Upon his arrival, he found out that 70% of his salary for the period November 16, 1983 to January 15, 1984 was not paid by the petitioner. Saceda then filed a complaint with the Philippine Overseas Employment Administration for non-payment of salary and stand-by pay corresponding to January 27, 1984 to March 27, 1984. He claimed that he was not repatriated soon upon the termination of his contract but was made to wait and remain idle for two months.
Issue:
WoN the stand-by pay be paid to Saceda?
Ruling:
(Article 1170; 1171; 1338; 1344)
Yes. It was the petitioners obligation to get Saceda's travel documents ready for his termination of the contract, the petitioner must answer in damages for the delay in Saceda's departure which compelled him to stand-by idle and jobless in a foreign land while waiting for his employer to hand him his ticket and travel papers for his trip home.
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