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G.R. No. 128845 June 1, 2000 INTERNATIONAL SCHOOL ALLIANCE OF EDUCATORS (ISAE) vs. HON. LEONARDO A. QUISUMBING Etal

International Law, Equity. Public Policies that are beyond contention. Propriety of modes of candidate-employee enticement in Labor.

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Angelo Lopez
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215 views1 page

G.R. No. 128845 June 1, 2000 INTERNATIONAL SCHOOL ALLIANCE OF EDUCATORS (ISAE) vs. HON. LEONARDO A. QUISUMBING Etal

International Law, Equity. Public Policies that are beyond contention. Propriety of modes of candidate-employee enticement in Labor.

Uploaded by

Angelo Lopez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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G.R. No.

128845 June 1, 2000

INTERNATIONAL SCHOOL ALLIANCE OF EDUCATORS (ISAE), petitioner,

vs.

HON. LEONARDO A. QUISUMBING etal and INTERNATIONAL SCHOOL, INC., respondents

Facts

Petitioner ISAE seeks relief against the decision of the Department of Labor and Local Employment in
favor of the respondent School. Said school, through its point-of-hire scheme provides foreign hires 25%
more salary. Petitioner claims that this is discriminatory since both foreign and local hires have the same
position and rank. Respondent school claims that such scheme is only to entice foreign hires to render
their service in the Philippines in consideration of their foreign domicile.

Issues

Whether or not the point-of-hire scheme is justified, since foreign hires have to leave their domicile to
work in the Philippines.

Held

That public policy abhors inequality and discrimination is beyond contention. Our Constitution and
laws reflect the policy against these evils. International law, which springs from general principles of law,
likewise proscribes discrimination. The Constitution also directs the State to promote "equality of
employment opportunities for all. Discrimination, particularly in terms of wages, is frowned upon by the
Labor Code which provides that the State shall "ensure equal work opportunities regardless of sex, race
or creed."

While the court recognize the need of the School to attract foreign-hires, salaries should not be used
as an enticement to the prejudice of local-hires. There is no evidence that foreign-hires perform 25%
more efficiently or effectively than the local-hires. Both groups have similar functions and
responsibilities, which they perform under similar working conditions. The scheme is therefore unjust.

The order of the DOLE insofar as they uphold the practice of respondent School of according foreign-
hires higher salaries than local-hires is reversed and set aside.

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