The current Department of Labor and Employment (DOLE) may be referred .. To develop a responsive vocational guidance and testing system in aid of of an employer-employee relationship or by virtue of any law or contract involving . and the Country-Team Approach as the mode under which Philippine embassies or. The employer must communicate with Philippine Overseas Labor Office-London via Employment Contract (preferably original) plus the. Addendum to the Copy of the employee's visa (indicate relationship). □ 6. Language Testing System (IELTS) and Computer-based test (CBT) results, for nurses, if available). Administration – the Philippine Overseas Employment Administration (POEA). in relation to the recruitment and employment of workers for said principal. .. trade or skill testing, medical examination, passport, visa, clearances, inoculation, .
Proof of financial capacity: In the case of a single proprietorship or partnership, verified income tax returns for the past two 2 years and a bank certificate of a cash deposit of P, In the case of a newly organized corporation, submission of a bank certificate of a cash deposit of at least P, For an existing corporation, submission of a verified financial statement, corporate tax returns for the past two 2 years and bank certification of a cash deposit of at least P, Escrow agreement in the amount of P, Proof of marketing capability; For land-based applicants: It is understood that failure to comply with this undertaking shall result in the automatic revocation of the provisional license.
A verified undertaking stating that the applicant: List of all officials and personnel involved in the recruitment and placement, together with their appointment, bio-data and two 2 copies of their passport-size pictures.
Copy of contract of lease or proof of building ownership together with office address.
POEA RULES GOVERNING OVERSEAS EMPLOYMENT - CHAN ROBLES VIRTUAL LAW LIBRARY
Action on the Application. Payment of Fees and Posting of Bonds. It shall also post a cash bond of P, The bonds shall likewise guarantee compliance with the provisions of the Code and its implementing rules and regulations relating to recruitment and placement, the Rules of the Administration and relevant issuances of the Department and all liabilities which the Administration may impose.
The surety bonds shall be co-terminus with the validity period of the license. It shall not be used directly or indirectly by any person, partnership or corporation other than the one in whose favor it was issued. Violation shall cause automatic revocation of license. In case of death of the sole proprietor, and in order to prevent disruption of operation and so as not to prejudice the interest of legitimate heirs, the licensed single proprietorship may be allowed to continue only for the purpose of winding up its business operation.
The new owner shall be required to apply for a license in accordance with these Rules. Upgrading of Single Proprietorship or Partnerships. The approval of merger, consolidation or upgrading shall automatically revoke or cancel the licenses of the single proprietorships, partnerships or corporations so merged, consolidated or upgraded. Change of Directors of Corporation. The corporation shall be required to submit to the Administration the Minutes of Proceedings duly certified by the SEC, the bio-data and clearances of the new members of the Board from the government agencies identified in Section 1 e of this Rule.
Change of Other Officers and Personnel. The Administration reserves the right to deny the appointment of officers and employees who were directly involved in recruitment irregularities.
Employment and employee benefits in Philippines: overview
The approval may be issued upon submission of or compliance with the following requirements: Proposed appointment or special power of attorney; b.
Clearances of the proposed representative or agent from NBI; c. A sworn or verified statement by the designating or appointing person or company assuming full responsibility for all acts of the agent or representative done in connection with the recruitment and placement of workers; Section Proof of such publication shall be submitted to the Administration Section Transfer of Business Address and Studio. The approval shall be issued only upon formal notice of the intention to transfer with the following attachments: In the case of a corporation, a Board Resolution duly registered with the SEC authorizing the transfer of business address; c.
Employment and employee benefits in Philippines: overview | Practical Law
Copy of the contract of lease or proof of building ownership. The new office shall be subject to the normal ocular inspection procedures by duly authorized representatives of the Administration. A notice to the public of the new address shall be published in a newspaper of general circulation. Establishment of Executive Office. The approval may be issued upon submission of an affidavit of undertaking to the effect that no recruitment activity whatsoever shall be conducted thereat and that the agency has a valid contract of lease or building ownership.
Establishment of Branch and Extension Offices. Such application shall be supported by the following documents: Proof of foreign exchange earnings issued by the Central Bank; b.
Maternal care including pre- and post-natal services to address pregnancy and infant health and nutrition. Responsible, ethical, legal, safe and effective methods of family planning.
Paternity rights Every married male employee is entitled to a paternity leave of seven days with full pay for the first four deliveries of his legitimate spouse with whom he is cohabiting.
Unused paternity leave benefits are not convertible to cash Republic Act Nosection 2. Surrogacy rights There are no provisions governing surrogacy in the Philippines. Adoption rights Adoption leave is available to an employee who adopts a child from a child-placement or child-caring agency that is duly licensed and accredited by the Department of Social Welfare and Development DSWD. The adoptive parents will, with respect to the adopted child, enjoy all the benefits to which biological parents are entitled.
Maternity and paternity and other benefits given to biological parents upon the birth of a child will be enjoyed if the adoptee is below seven years of age as of the date the child is placed with the adopted parents through the Pre-Adoptive Placement Authority issued by the DSWD Rules and Regulations to Implement Republic Act No The Domestic Adoption Act ofArticle VI, section Parental rights A single or solo parent as defined by law who has served at least one year of service is entitled to a parental leave of not more than seven days with full pay per year.
Unused parental leave benefits are not convertible to cash and cannot be accumulated Republic Act Nosection 3. As defined, a single or solo parent is: A married person whose spouse is absent or incapacitated. A person left alone: In addition to providing parental leave, the law also requires employers: To give solo parent employees a flexible working schedule provided that this does not affect individual and company productivity.
Not to discriminate against solo parent employees with respect to terms and conditions of employment on account of their status. An employer can be exempted by the Department of Labour and Employment DOLE from the requirement to provide a flexible working schedule on meritorious grounds.
Carers' rights There are no provisions governing carers' rights in the Philippines. Continuous periods of employment Does a period of continuous employment create any statutory rights for employees? If an employee is transferred to a new entity, does that employee retain their period of continuous employment?
If so, on what type of transfer? Statutory rights created A casual employee who has worked for at least one year whether continuously or not becomes a regular employee, but only with respect to the activity in which he is employed and his employment will continue while that activity exists. With regard to probationary employees, a probationary employee who is allowed to continue working beyond the probationary period ceases to be a probationary employee and becomes a regular employee.
The employer and employee can also validly agree to extend the probationary period. Economic realities of the employment relations help provide a comprehensive analysis of the true classification of the individual, whether as employee, independent contractor, corporate officer or some other capacity.
Under economic reality test, the benchmark in analyzing whether employment relation exists between the parties is the economic dependence of the worker on his employer. Otherwise, there is none. Two-tiered test or Multi-factor test The economic reality test is not meant to replace the right of control test. Rather, these two test are often use in conjunction with each other to determine the existence of employment relation between the parties.
This is known as the two-tiered test, or multi-factor test.