DOLE warns against hiring foreign workers

MANILA - Amid reports of rising number of illegal foreign workers in the country, the Department of Labor and Employment (DOLE) yesterday warned local commercial establishments against hiring of foreign nationals without securing necessary employment permits.

Labor Secretary Rosalinda Baldoz said local employers hiring foreign workers without the necessary permit from DOLE face imprisonment and other penalties.

“DOLE is strictly enforcing the revised rules for the issuance of alien employment permits (AEPs), for which our regional offices have direct responsibility,” Baldoz noted.

Baldoz has already directed all DOLE regional offices to strictly enforce the rules on the issuance of alien employment permit.

Under the Labor Code, Baldoz said, any foreign national seeking admission to the Philippines for employment purposes, and any domestic or foreign employer who desires to engage a foreign national for employment in the Philippines, are requested to obtain an Alien Employment Permit from DOLE.

“The AEP is a permit issued to a non-resident alien or foreign national seeking admission to the Philippines for work after it has been determined a competent and able Filipino citizen is unavailable or unwilling at the time of application to perform the services for which the alien is desired,” Baldoz explained.

She said an AEP is also required for foreign nationals who assume a new job position within their current organizations or those who transferred to a new position within related companies.

Based on DOLE guidelines, DOLE regional directors are authorized to conduct ocular inspection to verify legitimacy of employment of foreign national and a verification inspection of the establishment employing foreign nationals within 30 days after issuance of the AEP.

Baldoz said foreign nationals found to be working in the Philippines without a valid AEP would be fined P10,000 for every year of illegal work or fraction, while companies that illegally employed them would also be subject to a fine of P10,000 for every year of illegal employment or a fraction thereof.

DOLE will publish an AEP application to allow the general public to object to the new employment or job change of the foreign national within 30 days from the time of publication.

Baldoz said DOLE regional directors could deny an application for an AEP if the applicant has been convicted of a criminal offense or is a fugitive from justice. DOLE may also may also motu proprio, or upon petition, cancel or revoke an AEP after due process based on meritorious objection or information against the employment of the foreign nationals.

The Trade Union Congress of the Philippines (TUCP) earlier reported a continuing growth in the number of illegal foreign workers in the country for the past years.

The greater bulk of the undocumented foreign workers here, TUCP claimed are Chinese nationals while others are Koreans, Japanese, Indonesians, Malaysians and Vietnamese.

Undocumented foreign workers are employed commonly in the construction, manufacturing, electronics, and services industries located in Metro Manila, Central Visayas, Davao Region, Zamboanga Peninsula, Bataan and Batangas. -By Mayen Jaymalin, The Philippine Star