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Question III

2009 Bar · Labor Law · 1 sub-question

III. Richie, a driver-mechanic, was recruited by Supreme Recruiters (SR) and its principal, Mideast Recruitment Agency (MRA), to work in Qatar for a period of two (2) years. However, soon after the contract was approved by POEA, MRA advised SR to forego Richie’s deployment because it had already hired another Filipino driver-mechanic, who had just completed his contract in Qatar. Aggrieved, Richie filed with the NLRC a complaint against SR and MRA for damages corresponding to his two years’ salary under the POEA-approved contract. SR and MRA traversed Richie’s complaint, raising the following arguments: The Labor Arbiter has no jurisdiction over the case; (2%) Because Richie was not able to leave for Qatar, no employer-employee relationship was established between them; (2%) and Even assuming that they are liable, their liability would, at most, be equivalent to Richie’s salary for only six (6) months, not two years. (3%). Rule on the validity of the foregoing arguments with reasons.

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