Professional Documents
Culture Documents
(4)
(5)
(6)
(7)
b. NBI/Police/Barangay Clearance
c. Authentication
d. Birth Certificate
e. Medicare
f. Trade Test, if necessary
g. Inoculation, when required by host country
h. Medical Examination fees
In the event that the recruitment agency
agrees to perform documentation services, the
worker shall pay only the actual cost of the
document which shall be covered by official
receipts.
The above-mentioned placement and
documentation costs are the only authorized
payments that may be collected from a hired
worker. No other charges in whatever form, manner
or purpose, shall be imposed on and be paid by the
worker without prior approval of the POEA.
Such fees shall be collected from a hired worker
only after he has obtained employment through the
facilities of the recruitment agency.
SAGUN v SUNACE INTERNATIONAL MANAGEMENT SERVICES
(Feb. 23, 2011; J. Nachura)
SUMMARY: Avelina Sagun filed a case against Sunace International for
collection of excess placement fee. She claimed that aside from paying
P30K, she issued a promissory note, and that her foreign employer has
been deducting from her salary as part of the placement fee. However,
she was not able to present any evidence except for the promissory
note (which is not even adequate to prove excessive fee). The Court
sided with Sunace who presented an acknowledgement receipt signed
by Avelina showing the amount collected, which is authorized by POEA.
DOCTRINE: Mere general allegations of payment of excessive
placement fees cannot be given merit as the charge of illegal exaction
is considered a grave offense which could cause the suspension or
cancellation of the agencys license. They should be proven and
substantiated by clear, credible, and competent evidence.
c. Reports/Employment Information
Art. 33. Reports on employment
status. Whenever the public interest requires, the
Secretary of Labor may direct all persons or entities
within the coverage of this Title to submit a report
on the status of employment, including job
vacancies, details of job requisitions, separation
before
the
start
of
any
employer-employee
relationship,
contemporaneous with the perfection of the employment contract was
the birth of certain rights and obligations, the breach of which may
give rise to a cause of action against the erring party. Thus, if the
reverse had happened, that is the seafarer failed or refused to be
deployed as agreed upon, he would be liable for damages.
e. Enforcement Powers
(a) Rule-making power
LC, Art. 36. Regulatory power. The
Secretary of Labor shall have the power to
restrict and regulate the recruitment and
placement activities of all agencies within the
coverage of this Title and is hereby authorized
to issue orders and promulgate rules and
regulations to carry out the objectives and
implement the provisions of this Title.
b. Overseas Employment
LC, Art. 35. supra
RA 8042, as amended, Sec. 7. supra
2. Alien Employment Regulation
1987 Constitution, Art. XII, Section 12. The State shall promote the
preferential use of Filipino labor, domestic materials and locally produced
goods, and adopt measures that help make them competitive.
a. Coverage
Omnibus Rules, Book I, Rule I, Section 1. Definition of terms.
(j) Non-resident alien" means any alien already in the Philippines or
seeking admission to the Philippines to obtain employment in any
public or private enterprise.
Art. 40. Employment permit of non-resident aliens. Any alien
seeking admission to the Philippines for employment purposes and any
domestic or foreign employer who desires to engage an alien for
employment in the Philippines shall obtain an employment permit from
the Department of Labor.
The employment permit may be issued to a non-resident alien or
to the applicant employer after a determination of the non-availability
of a person in the Philippines who is competent, able and willing at the
time of application to perform the services for which the alien is
desired.
For an enterprise registered in preferred areas of investments,
said employment permit may be issued upon recommendation of the
government agency charged with the supervision of said registered
enterprise.
Omnibus Rules, Book I, Rule XIV, Section 1. Coverage. This
Rule shall apply to all aliens employed or seeking employment in the
Philippines, and their present or prospective employers.
D.O. 97-09 (S. of 2009) as amended by D.O. 120-12. (Revised
Rules for the Issuance of Employment Permits to Foreign
Nationals)
Section 1. Coverage All foreign nationals who intend to engage in
gainful employment in the Philippines shall apply for Alien Employment
Permit (AEP).
D.O. 12 (S. of 2001) (Omnibus Guidelines for the Issuance of
Employment Permits to Foreign Nationals). Rule I. Coverage
and Exemption
c. Validity of AEP
Omnibus Rules, Book I, Rule XIV, Section 7. Duration of
employment permit. Subject to renewal upon showing of good
cause, the employment permit shall be valid for a minimum period of
one (1) year starting from the date of its issuance unless sooner
revoked by the Secretary of Labor and Employment for violation of any
provisions of the Code or of these Rules.
D.O. 97-09 (S. of 2009) as amended by D.O. 120-12. Sec. 11.
Validity of AEP. The AEP shall be valid for the position and the
company for which it was issued for a period of one year, unless the
employment contract, consultancy services, or other modes of
engagement provides otherwise, which in no case shall exceed five
years.
d. Denial of Application
D.O. 97-09 (S. of 2009) as amended by D.O. 120-12. Sec. 10.
Denial of application An application for AEP may be denied by the
Regional Director based on any of the following grounds:
(a) Misrepresentation of facts in the application
(b) Submission of falsified documents
(c) The foreign national has been convicted of a criminal offense or
a fugitive from justice (amended; from the foreign national has
a derogatory record)
(d) Availability of a Filipino who is competent, able and willing to do
the job intended for the foreign national
Denial of application for AEP shall cause the forfeiture of the fees paid
by the applicant.
e. Revocation/Cancellation, Grounds Due Process
D.O. 97-09 (S. of 2009) as amended by D.O. 120-12. Sec. 13.
Cancellation/Revocation of AEP The Regional Director may, motu
propio or upon petition, cancel or revoke an AEP after due process,
based on any of the following grounds:
(a) Non-compliance with any of the requirements or conditions for
which the AEP was issued;
(b) Misrepresentation of facts in the application
(c) Submission of falsified or tampered documents
(d) Meritorious objection or information against the employment of
the foreign national
(e) The foreign national has been convicted of a criminal offense or
a fugitive from justice
(f) Employer terminated the employment of the foreign national
Note: Sec. 12 on Suspension of AEP has been deleted under D.O. 120-12
(S. 2012)
*Section 12 states that the AEP may be suspended when (a) the continued
stay of the foreign national may result in damage to the interest of the
industry or the country or (b) the employment of the foreign national is
suspended by the employer or by order of the Court
3. Development of Human Resources
1987 Constitution, Art. II, Sec. 17. The State shall give priority to
education, science and technology, arts, culture, and sports to foster
v. Enforcement
c. Persons with disability or PWDs (formerly referred to as Disabled
Persons or Handicapped Workers
i. Definition
ii. Policy declaration
iii. Coverage
iv. Employment Rights and Privileges
v. Discrimination in employment