What the law counts as a money claim
Section 10 of Republic Act No. 8042, as amended by Republic Act No. 10022, fixes both the forum and the reach of a money claim:
"SEC. 10. Money Claims. - Notwithstanding any provision of law to the contrary, the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and decide, within ninety (90) calendar days after the filing of the complaint, the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damage.
The sentence is wider than most workers assume. The claim need not be a wage claim at all: it is any claim arising out of the employment relationship or by virtue of any law or contract, damages included — unpaid basic wages, withheld final pay, unauthorized deductions, unremitted allotments, unpaid overtime. The ninety-day period, though, is a mandate addressed to the Labor Arbiter, not a promise to you. Where a claim is filed, and by when, is on where OFW cases are filed.
Overtime is proved, not presumed
In Serrano v. Gallant Maritime Services, Inc. (G.R. No. 167614, March 24, 2009, En Banc) the Court was precise about the word salaries:
The word salaries in Section 10(5) does not include overtime and leave pay.
The Court found no basis for automatically including overtime and holiday pay in the award unless there was evidence the work was performed. So the unexpired-portion figure is built on basic wage, while overtime you did work is claimed separately, on evidence — log entries, time sheets, duty rosters, payslips. Serrano, and Sameer Overseas Placement Agency, Inc. v. Cabiles (G.R. No. 170139, August 5, 2014, En Banc) after it, struck down a formula capping the computation of an award, not the requirement that you prove the dismissal was illegal. See illegally dismissed overseas.
Contract substitution
Contract substitution is the replacement or alteration of the approved contract you signed before departure, once you are on site. It is not a paperwork dispute: it is listed among the prohibited acts of illegal recruitment in Section 6 of Republic Act No. 8042:
i. To substitute or alter to the prejudice of the worker, 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;
The companion prohibition covers what workers meet earlier, at recruitment:
a. To charge or accept directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater than that actually received by him as a loan or advance;
Two consequences surprise people. First, the wrong is complete on the attempt. In Fil-Expat Placement Agency, Inc. v. Lee (G.R. No. 250439, September 22, 2020) the agency argued nothing unlawful had happened because the second contract was never signed:
Similarly, we reject Fil-Expat's contention that the mere attempt in contract substitution should not be considered illegal if the signing of the second contract was not consummated. In PHILSA International Placement & Services Corp. v. Secretary of Labor & Employment, the recruitment agency was found guilty of two counts of prohibited contract substitution, even though the workers refused the second attempt to compel them to sign another contract. In that case, the Court quoted with approval the POEA's findings that the OFW's refusal to sign does not absolve the agency from liability and the mere intention to commit contract substitution should not be left unpunished.
Second, a signature is not the end of it. In Questcore, Inc. v. Bumanglag (G.R. No. 253020, December 7, 2022) the Court restated Placewell International Services Corp. v. Camote: a second contract at a lower wage, extracted on site, is void. See also suing the recruitment agency.
What to keep, starting today
- The original contract signed before departure, and any document you were asked to sign after arrival.
- Pay records — payslips, bank statements, remittance and allotment receipts.
- Messages with the employer, the supervisor and the agency, screenshotted with dates visible.
- Your own dated record of hours worked and rest days missed.
- Agency correspondence, including anything sent to your family here.
Keep copies where losing your phone or your job cannot reach them. What a claim is worth turns on those records and on what the other side can prove. If you are still abroad, see filing your claim while still overseas. Book a consultation, and bring the folder.
Frequently asked
Can I claim unpaid overtime for an overseas job?
Overtime is proved rather than presumed. In Serrano v. Gallant Maritime Services, Inc. the Supreme Court held that salaries for the unexpired portion of a contract do not automatically include overtime and holiday pay absent evidence the work was performed.
My agency had me sign a different contract after I arrived. Is that legal?
Substituting or altering an approved employment contract to the prejudice of the worker is an act of illegal recruitment under Section 6(i) of Republic Act No. 8042. In Questcore, Inc. v. Bumanglag the Court restated that a second contract at a lower wage is void.
I refused to sign the second contract. Do I still have a complaint?
Possibly. In Fil-Expat Placement Agency, Inc. v. Lee (2020) the Supreme Court rejected the argument that a mere attempt at substitution is not illegal where the second contract was never signed, and held that a refusal to sign does not absolve the agency.
What should I keep if I think I have a money claim?
Your original contract and anything you were later asked to sign, payslips and remittance records, messages with the employer and the agency, your own record of hours worked, and your repatriation papers.