AEP and Company responsibility
1 AEP and Company responsibility on Fri Mar 22, 2013 3:17 pm
2 Re: AEP and Company responsibility on Sat Mar 23, 2013 8:58 am
3 Re: AEP and Company responsibility on Sat Mar 23, 2013 9:37 am
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
6 Re: AEP and Company responsibility on Sat Mar 23, 2013 11:24 am
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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