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    EDI Staff Builders v. NLRC

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    Nicole PT
    This case discusses the employment contract of an overseas Filipino worker (OFW) named Gran who was deployed to Saudi Arabia by recruitment agencies EDI and ESI. The contract specified that Saudi labor laws would govern matters not covered in the contract. However, EDI and ESI failed to prove the applicable Saudi laws. Therefore, based on the legal doctrine that the party asserting foreign law has the burden of proving it, and the presumption that unproven foreign law is identical to local law, the court ruled it must apply Philippine labor laws to resolve the issues of alleged underpayment and illegal dismissal.

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    EDI Staff Builders v. NLRC

    Uploaded by

    Nicole PT
    69 views2 pages
    This case discusses the employment contract of an overseas Filipino worker (OFW) named Gran who was deployed to Saudi Arabia by recruitment agencies EDI and ESI. The contract specified that Saudi labor laws would govern matters not covered in the contract. However, EDI and ESI failed to prove the applicable Saudi laws. Therefore, based on the legal doctrine that the party asserting foreign law has the burden of proving it, and the presumption that unproven foreign law is identical to local law, the court ruled it must apply Philippine labor laws to resolve the issues of alleged underpayment and illegal dismissal.

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    This case discusses the employment contract of an overseas Filipino worker (OFW) named Gran who was deployed to Saudi Arabia by recruitment agencies EDI and ESI. The contract specified that Saudi labor laws would govern matters not covered in the contract. However, EDI and ESI failed to prove the applicable Saudi laws. Therefore, based on the legal doctrine that the party asserting foreign law has the burden of proving it, and the presumption that unproven foreign law is identical to local law, the court ruled it must apply Philippine labor laws to resolve the issues of alleged underpayment and illegal dismissal.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    69 views2 pages

    EDI Staff Builders v. NLRC

    Uploaded by

    Nicole PT
    This case discusses the employment contract of an overseas Filipino worker (OFW) named Gran who was deployed to Saudi Arabia by recruitment agencies EDI and ESI. The contract specified that Saudi labor laws would govern matters not covered in the contract. However, EDI and ESI failed to prove the applicable Saudi laws. Therefore, based on the legal doctrine that the party asserting foreign law has the burden of proving it, and the presumption that unproven foreign law is identical to local law, the court ruled it must apply Philippine labor laws to resolve the issues of alleged underpayment and illegal dismissal.

    Copyright:

    © All Rights Reserved
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    EDI-Staf)builders

    International, Inc. vs. National Labor Relations Commission



    537 SCRA 409

    Doctrine:
    The party who wants to have a foreign law applied to a dispute or case has the
    burden of proving the foreign law.
    Facts:

    EDI is engaged in recruitment and placement of Overseas Filipino Workers (OFWs)


    while ESI is collaborated with EDI to process the documentation and deployment of
    private respondent to Saudi Arabia. Gran is an OFW recruited by EDI, and deployed
    by ESI to work for OAB, in Riyadh, Kingdom of Saudi Arabia as a “Computer
    Specialist”. He subsequently accepted the offer. However, upon arrival Gran
    questioned the discrepancy in his monthly salary to which he later on agreed on
    upon the assistance of POEA. After Gran has been working for about Oive months for
    OAB, his employment was terminated stating non-compliance with contract and pre-
    qualiOication requirements and was charged with insubordination and disobedience.
    He received his Oinal pay and executed a declaration releasing OAB from any
    Oinancial obligation. Upon his arrival in the Philippines, he instituted a complaint
    against ESI/EDI, OAB, etc with the NLRC for underpayment of salaries and illegal
    dismissal.

    Issue/s:

    W/N the laws of Saudi Arabia should govern the employment contract?

    What law must they use? Can Arab laws apply?

    Held:

    No, the foreign law must be alleged and proven.

    In cases involving OFWs, the rights and obligations among and between the OFW,
    the local recruiter/agent, and the foreign employer/principal are governed by the
    employment contract. A contract freely entered into is considered law between the
    parties; and hence, should be respected.

    In formulating the contract, the parties may establish such stipulations, clauses,
    terms and conditions as they may deem convenient, provided they are not contrary
    to law, morals, good customs, public order, or public policy.

    In the present case, the employment contract signed by Gran speciOically states that
    Saudi Labor Laws will govern matters not provided for in the contract (e.g. speciOic
    causes for termination, termination procedures, etc.). Being the law intended by the
    parties (lex loci intentiones) to apply to the contract, Saudi Labor Laws should
    govern all matters relating to the termination of the employment of Gran.

    In international law, the party who wants to have a foreign law applied to a dispute
    or case has the burden of proving the foreign law. The foreign law is treated as a
    question of fact to be properly pleaded and proved as the judge or labor arbiter
    cannot take judicial notice of a foreign law. He is presumed to know only domestic or
    forum law.

    Unfortunately for petitioner, it did not prove the pertinent Saudi laws on the matter;
    thus, the International Law doctrine of presumed-identity approach or processual
    presumption comes into play. Where a foreign law is not pleaded or, even if pleaded,
    is not proved, the presumption is that foreign law is the same as ours. Thus, we
    apply Philippine labor laws in determining the issues presented before us.

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