LC 8. Declaration of basic policy. The State and unless it fully satisfies the judgement the Code or of these Rules.
e or of these Rules. SECTION 8. Advice
shall afford protection to labor, promote full
employment, ensure equal work opportunities
regardless of sex, race or creed and regulate
the relations between workers and employers.
The State shall assure the rights of workers to
self-organization, collective bargaining, security
of tenure, and just and humane conditions of
work.
LC 12 (a). It is the policy of the State [t]o
promote and maintain a state of full
employment through improved manpower
training, allocation and utilization;
LC 12 (f). It is the policy of the State [t]o
strengthen the network of public employment
offices and rationalize the participation of the
private sector in the recruitment and
placement of workers, locally and overseas, to
serve national development objectives;
CONST., ART. II, SEC 9. The State shall promote a
just and dynamic social order that will ensure
the prosperity and independence of the nation
and free the people from poverty through
policies that provide adequate social services,
promote full employment, a rising standard of
living, and an improved quality of life for all.
DRAFT CONST. ART. II, SEC. 11. The Federal
Republic shall promote a just and dynamic
social order that will ensure the prosperity and
independence of the nation and free the
people from poverty through policies that
provide adequate social services, promote full
employment, a rising standard of living beftting
human dignity, and an improved quality of life
for all.
CONST., ART. XIII, SEC 3, par. 1. The State shall
afford full protection to labor, local and
overseas, organized and unorganized, and
promote full employment and equality of
employment opportunities for all.
DRAFT CONST. ART. XVI, SEC 3. (a) The Federal
Republic shall protect the rights of labor,
particularly the right to just and living wages,
security of employment, organization, and
redress of grievances.
LC 27. Citizenship requirement. Only Filipino
citizens or corporations, partnerships or entities
at least seventy-five percent (75%) of the
authorized and voting capital stock of which is
owned and controlled by Filipino citizens shall
be permitted to participate in the recruitment
and placement of workers, locally or overseas.
LC 28. Capitalization. All applicants for
authority to hire or renewal of license to recruit
are required to have such substantial
capitalization as determined by the Secretary
of Labor.
Non-compliance with the mandatory periods
for resolutions of cases provided under this
section shall subject the responsible officials to
any or all of the following penalties: (a) The
salary of any such official who fails to render his
decision or resolutions within the prescribed
period shall be, or caused to be, withheld until
the said official complies therewith; (b)
Suspension for not more than ninety (90) days;
or (c) Dismissal from the service with
disqualifications to hold any appointive public
office for five (5) years. [SEC. 10, RA 8042, par.
6] "In case of a final and executory judgement
against a foreign employer/principal, it shall be
automatically disqualified, without further
proceedings, from participating in the
Philippine Overseas Employment Program and
from recruiting and hiring Filipino workers until
award. [SEC. 10042, RA , par. 6] to Commission on Immigration and
DRAFT CONST., ART. XV, SEC. 20. The State shall Deportation. — The Bureau shall advice the
promote the preferential use of Filipino labor, Commission on Immigration and Deportation
domestic materials, and locally produced on the issuance of an employment permit to
goods, and adopt measures that help make an applicant. SECTION 9. Understudy Training
them competitive. Program. — The employer shall submit a
OMNIBUS RULES, BOOK 1, RULE XIV Employment training program for his understudies to the
of Aliens SECTION 1. Coverage. — This Rule shall Bureau within thirty (30) days upon arrival of the
apply to all aliens employed or seeking alien workers. The supervision of the training
employment in the Philippines, and their program shall be the responsibility of the
present or prospective employers. SECTION 2. Bureau and shall be in accordance with
Submission of list. — All employers employing standards established by the Secretary of
foreign nationals, whether resident or non- Labor and Employment.
resident shall submit a list of such nationals to Sent from Messenger
the Bureau indicating their names, citizenship,
foreign and local addresses; nature of
employment and status of stay in the
Philippines. SECTION 3. Registration of resident
aliens. — All employed resident aliens shall
register with the Bureau under such guidelines
as may be issued by it. SECTION 4. Employment
permit required for entry. — No alien seeking
employment, whether on resident or non-
resident status, may enter the Philippines
without first securing an employment permit
from the Department of Labor and
Employment. If an alien enters the country
under a non-working visa and wishes to be
employed thereafter, he may only be allowed
to be employed upon presentation of a duly
approved employment permit. SECTION 5.
Requirements for employment permit
application. — The application for an
employment permit shall be accompanied by
the following: (a) Curriculum vitae duly signed
by the applicant indicating his educational
background, his work experience and other
data showing that he possesses high technical
skills in his trade or profession; (b) Contract of
employment between the employer and the
principal which shall embody the following,
among others: (1) That the non-resident alien
worker shall comply with all applicable laws
and rules and regulations of the Philippines; (2)
That the non-resident alien worker and the
employer shall bind themselves to train at least
two (2) Filipino understudies for a period to be
determined by the Secretary of Labor and
Employment; and (3) That he shall not engage
in any gainful employment other than that for
which he was issued a permit. (c) A
designation by the employer of at least two (2)
understudies for every alien worker. Such
understudies must be the most ranking regular
employees in the section or department for
which the expatriates are being hired to ensure
the actual transfer of technology. SECTION 6.
Issuances of employment permit. — The
Secretary of Labor and Employment may issue
an employment permit to the applicant based
on: a) Compliance by the applicant and his
employer with the requirements of Section 2
hereof; b) Report of the Bureau Director as to
the availability or non- availability of any
person in the Philippines who is competent,
able, and willing to do the job for which the
services of the applicant are desired; c) His
assessment as to whether or not the
employment of the applicant will redound to
the national interest; d) Admissibility of the alien
as certified by the Commission on Immigration
and Deportation; e) The recommendation of
the Board of Investments or other appropriate
government agencies if the applicant will be
employed in preferred areas of investments or
in accordance with imperatives of economic
developments; and f) Payments of a P100.00
fee. 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