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AEP and Company responsibility

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1 AEP and Company responsibility on Fri Mar 22, 2013 3:17 pm

mwlovin


Arresto Menor
If a 40% Korean owned company (60% Philippines company) doing business in the Philippines hires a foreign national (American) and the company fails to give the employee a contract so that a AEP can be obtained, and fails to report that the Foreigner works there, is the employment considered as valid employment and subject to all the rules and regulation of the labor code? (also, if the employee wants to file a NLRC case for illegal termination, would it rest on the merits or thrown out because of no AEP, therefore thinking no employment existed)

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2 Re: AEP and Company responsibility on Sat Mar 23, 2013 8:58 am

rosejoy


Arresto Menor
having no AEP for a foreign national working here in the Phils definitely is not allowed. If the government will know about this, the foreign national will be immediately deported to his country thus having a record in the Phils. The company who hired him might also face a big problem for not securing an AEP for their foreign national employee

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3 Re: AEP and Company responsibility on Sat Mar 23, 2013 9:37 am

mwlovin


Arresto Menor
Well first of all you did not really answer my question ...which is, does "no AEP=no employment rights". Second, deportation is not the peneality but could happen later, as stated by DOLE...

"Penalties

If upon evaluation, a foreign national is found to have worked without or with expired AEP prior to application, a penalty of Ten Thousand Pesos (P10,000.00) shall be imposed for working without an AEP for one (1) year or fraction thereof.
My problem is that, since the COMPNAY did not give me the necessary itmes for me to allpy for an AEP, and then fired mer, do I have labobor rights as a frogien national...imagine it being a OFW in Saudi, for example. THAT IS MY QUESTION

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4 Re: AEP and Company responsibility on Sat Mar 23, 2013 9:38 am

mwlovin


Arresto Menor
sorry my typos..I was in a hurry...ops...

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5 Re: AEP and Company responsibility on Sat Mar 23, 2013 10:46 am

rosejoy


Arresto Menor
NO AEP=NO RIGHT TO WORK IN THIS COUNTRY... It is the responsibility of the company to apply/process AEP of their foreign natl employees.. deportation + payment of fees whatsoever are the penalties..

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6 Re: AEP and Company responsibility on Sat Mar 23, 2013 11:24 am

mwlovin


Arresto Menor
Ok well still...I think your not hearing me.... I did work...I was paid a salary, I was solicited and asked to start work under the owners supervision, I was under his discretion to supervise me,... I believe this constitutes a existence of a employer-employee relationship, no matter if it was defective, in that no contract, (which is a requirement, prevented me from getting an AEP..

If what you are alleging is true, doesn’t that open the door for employers of both foreign and domestically owned companies to simply not obtain the AEP permit for the employee, therefore allowing a lawless employment, with any pay, any hazard work, any treatment, or adherence to any labor code, with no reprobation...sounds to me that it cannot be true… as I have seen in Supreme court cases, what constitutes are 4 items …. NOWHERE does it say that a lack of AEP is negation factor for the Labor code application.
1. Right to hire or to the selection and engagement of the employee.
2. Payment of wages and salaries for services.
3. Power of dismissal or the power to impose disciplinary actions.
4. Power to control the employee with respect to the means and methods by which the work is to be accomplished. This is known as the right-of-control test.

Now days they are using “economic dependence” also…, this is certainly true of a foreign national or an OFW while working abroad.

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