G.R. No. 109156 - STOLT-NIELSEN MARINE SERVICES (PHILS.) INC., VS. NATIONAL LABOR RELATIONS COMMISSION, PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION AND MEYNARDO J. HERNANDEZ.

Ruling

Accordingly, he is entitled to his salaries for the unexpired portion of his contract computed as follows: 1. Remaining portion of his contract -6 months & 3 days 2. Basic salary -US$1,024.00 3. Fixed Overtime -420.00 [1] Total US$1,434.00 4. Salary/day =($1,434/30 days) = US$47.8/day 5. Salary for 3 days - ($47.8 x 3) = US$143.4 6. Salary for 6 months - ($1,434 x 6) = US$8,604.00 7. Salary for the unexpired portion of his contract (basic salary + fixed O.T.) for 6 months and 3 days (US$8,604 + 143.4) = US$8,747.40 Complainant's claim for day's leave with pay for the unexpired portion of the contract is hereby denied since the same is only given during actual service. The claim for damages is hereby denied for want of jurisdiction. Complainant is however entitled to five (5%) percent of the total award as and by way of attorney's fees. WHEREFORE, PREMISES CONSIDERED, judgment is hereby rendered ordering respondent to pay complainant the following or its peso equivalent at the time of payment: 1. EIGHT THOUSAND SEVEN HUNDRED FORTY SEVEN & 40/100 US DOLLARS (US$8,747.40) or its peso equivalent at the time of payment, as salaries for the unexpired portion of his contract. 2. Five percent (5%) of the total award as and by way of attorney's fees. All other claims are hereby DENIED for lack of merit. SO ORDERED.