Labor Law Updates on Rules and Regulations

PMAP Labor Policy Reforms and Industrial Relations Committee

Prepared by Destura and Associates Law Offices

DEPARTMENT OF LABOR AND EMPLOYMENT

Advisory No. 2, series of 2019

28 January 2019

KOREAN ASSISTANCE DESK OPERATING GUIDELINES

EFFECTIVITY: Immediately

COVERAGE: Concerned Regional Offices

SALIENT POINTS:

This guideline is hereby issued prescribing the following procedures to be observed by the concerned Regional Offices in providing assistance to prove Alien Employment Permit to Korean nationals seeking gainful employment in the Philippines:

1. Designated focal person/s must ensure completeness of AEP application and correctness of all relevant supporting documents prior receipt thereof.

2. Incomplete or incorrect documents will not be accepted and the applicant will be given the opportunity to rectify the defect.

3. Processing and issuance of AEP must be strictly made within three (3) working days from receipt of accurate documentary requirements.

4. Personal or telephone queries, follow ups or release of the AEP must be responded and handled promptly by the designated regional focal person.

5. Cases of AEP revocation/cancellation and such other cases affecting the employment of Korean Nationals must be promptly resolved and reported to the Office of the Secretary thru the Bureau of Local Employment within five (5) days from resolution thereof.

DEPARTMENT OF LABOR AND EMPLOYMENT

Advisory No. 03, series of 2019

07 February 2019

PAYMENT OF WAGES FOR THE SPECIAL (NON-WORKING) DAYS ON FEBRUARY 5 (CHINESE NEW YEAR), AND FEBRUARY 25 (EDSA PEOPLE POWER REVOLUTION ANNIVERSARY).

EFFECTIVITY: Immediate

SALIENT POINTS:

I. SPECIAL NON-WORKING DAYS (DECEMBER 8, 24 AND 31, 2018)

1. Employee did not work:

· General Rule: “No work, no pay" principle shall apply

· Exception: There is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment on a special day;

2. Employee worked during special holiday:

A. Not his/ her rest day: Basic wage x 130% + COLA

B. His/ her rest day: Basic wage x 150% + COLA

3. Employee’s overtime pay (work done in excess of 8 hours):

A. Not his/ her rest day: Hourly rate of the basic wage x 130% x 130% x number of hours worked

B. His/ her rest day: Hourly rate of the basic wage x 150% x 130% x number of hours worked

DEPARTMENT OF LABOR AND EMPLOYMENT

Memorandum Circular No. 1 Series of 2019

CLARIFICATION ON THE DEPLOYMENT OF RETURNING WORKERS TO THE IRAQI KURDISTAN REGION

EFFECTIVITY: Immediate

Coverage: All Regional Directors and Inspectors

SALIENT POINTS:

Relative to POEA Governing Board Resolution No. 06, Series of 2018 under the selective Balik-Manggagawa (BM) Exemption Program the following clarification is hereby issued:

1) Suspension on the processing and deployment of new hires to Iraq is still in effect

2) Travel ban to the no-go zones covering the northern half of Iraq (Salahuddin, Nineveh and Kirkuk) is also still in effect; and

3) Deployment of all returning workers/balik manggagawa to the Iraqi Kurdistan Region is allowed given that the Region remains under Alert Level 2.

PHILIPPINE OVERSEAS EMPLOYMENT AGENCY ADVISORY NO. 1, SERIES OF 2019

07 January 2019

ADVISORY ON CURRENT ISSUE ON IDENTITY THEFT AND TELEPHONE-CARD SCAMS IN TAIWAN

EFFECTIVITY: Immediate

COVERAGE: All Filipino seafarers on board ocean going vessels berthing in Taiwan

SALIENT POINTS:

1. There have been numerous incidents involving Filipino seafarers were arrested in Taichung and Mailiao on suspicion of telephone-card cheating, sex offenses and other illegal activities using their Taiwan issued sim card.

2. Apparently when seafarers bought their sim cards, they were required to provide copies of their passport and seaman's book, as part of the regulation in Taiwan. Hence sim cards and identity were used by the scammers after they provided the photo copies.

3. All Filipino seafarers on board ocean going vessels berthing in Taiwan are hereby reminded to take extra careful when purchasing local sim card.

PHILIPPINE OVERSEAS EMPLOYMENT AGENCY GOVERNING BOARD RESOLUTION NO. 01, SERIES OF 2019

25 January 2019

LIFTING OF TOTAL DEPLOYMENT BAN OF PROCESSING AND DEPLOYMENT OF ALL BALIK-MANGGAGAWA TO LIBYA

EFFECTIVITY: Immediate

SALIENT POINTS:

Secretary of the Department of Foreign Affairs (DFA), upon endorsement of DOLE Acting Secretary, recommended further exemptions to the Labor deployment ban in Libya under Alert Level III, provided that the specified conditions are present;

a.) The OFWs' salaries in US Dollars or Euro and not in Libyan Dinars which salaries are remitted directly to the workers' bank account outside Libya;

b.) The employers of the OFWs have issued an undertaking that they are solidarily liable for delayed and/or unpaid salaries and benefits, and will evacuate them during contingencies and/or emergencies;

c.) The OFWs are directly employed (not contracted/outsourced or sub contracted) by reputable national companies under the National Oil Corporation that have proven track record of securing and evacuating their workers in case of contingencies and/or emergencies; and

d.) The nature of the work of the OFWs will not require them to be sent to work in remote oil, gas and/or water fields in the interior desert expanses of Libya where risk of kidnapping and abduction is high.

Currently, Libya has lowered the Crisis Alert Level in Libya from Alert Level 3 (Voluntary Repatriation Phase) to Level 2 (Restriction Phase).

The POEA Governing Board, resolved to allow the processing and deployment of all Balik-Manggagawa to Libya.

PHILIPPINE OVERSEAS EMPLOYMENT AGENCY GOVERNING BOARD RESOLUTION NO. 02, SERIES OF 2019

25 January 2019

LIFTING OF GOVERNING BOARD RESOLUTION NO. 5, SERIES OF 2017

EFFECTIVITY: Immediate

COVERAGE: All concerned

SALIENT POINTS:

1. POEA resolves to Lift of Governing Board Resolution No. 5, Series of 2017.

2. Governing Board Resolution No. 5, Series of 2017 resolved to hold in abeyance the implementation of Governing Board Resolution No. 3, Series of 2017 and Memorandum Circular No. 6, Series of 2017.

3. Governing Board Resolution No. 3, Series of 2017 and Memorandum Circular No. 6, Series of 2017, Resolves to amend Section 108 of the Revised POEA Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino Workers of 2016 on the Multiple Accreditation of Principal/Employer.1