Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

POEA Memorandum Circular No. 3 Series of 2006

View previous topic View next topic Go down  Message [Page 1 of 1]

1 POEA Memorandum Circular No. 3 Series of 2006 on Thu Feb 03, 2011 6:15 pm

getj


Arresto Menor
http://www.poea.gov.ph/MCs/mc2006.htm

Documentation for Overseas Employment of Workers Classified as Mission Critical Skills (MCS) which are in shortage or POEA Memorandum Circular No. 3 Series of 2006

- one of the lobbyists of this memorandum is an Airplane MRO in the country. truth is they love this memorandum so much, they even surpass their MRO category and work as part of POEA or even surpass POEA in enforcing the said Memo - religiously they enforce the Memo as part of their standards when dealing with resigning employees. a senior aircraft mechanic wishing to resign automatically should observe 6 months notice!

+ is this MRO has the right to enforce the said Memo, our Labor Code says that 1 month notice of resignation is enough? is it correct to say that only POEA should ask to the resigning Aircraft Mechanics the 6-month notice resignation upon application as OFW, and not the MRO since MRO is only oblige as per Labor Code inform the resigning Aircraft Mechanic the 1 month notice.

+ aircraft mechanics wishing to resign on this MRO even has no plan to seek employment abroad is forced by this MRO to observe 6 month notice, it is clear that it is only required for their documentation as OFWs, then, is this a clear harassment, coercion?

+the memo is clear about the Mission Critical Skills in the country, granting the Memo is fair and just and humane, it means that Aircraft Mechanics is very important in the Philippines, hence living in the country may jeopardize the Philippine economy. this same MRO by the way in contrary is keep sending Aircraft Mechanics abroad off course TO WORK AS aircraft mechanic, isn't this against the Memo? is this a direct violation?

godspeed atty

View user profile

council


Reclusion Perpetua
getj wrote:
+ is this MRO has the right to enforce the said Memo, our Labor Code says that 1 month notice of resignation is enough? is it correct to say that only POEA should ask to the resigning Aircraft Mechanics the 6-month notice resignation upon application as OFW, and not the MRO since MRO is only oblige as per Labor Code inform the resigning Aircraft Mechanic the 1 month notice.

Here's a thought...

Article 285 of the Labor Code says

An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance.

The clause says "at least one (1) month" so this could be construed at being a minimum (pinakamababa, pinakamaikli), not maximum (pinakamatagal) period.

A lot of sections in the Labor Code (and other related laws) provide for minimum standards, not maximum.

View user profile http://www.councilviews.com

attyLLL


moderator
My old firm once represented a pilot against an airline regarding this 6 month resignation policy and we got the airline to back off from their plans of litigation, but that was before this MC.

i remember a similar question was asked before, but I can't find the thread.

in my opinion, to fight the MC, it has to be attacked on constitutional grounds for being unreasonable. otherwise it will be considered valid.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

weng87


Arresto Menor
council wrote:
getj wrote:
+ is this MRO has the right to enforce the said Memo, our Labor Code says that 1 month notice of resignation is enough? is it correct to say that only POEA should ask to the resigning Aircraft Mechanics the 6-month notice resignation upon application as OFW, and not the MRO since MRO is only oblige as per Labor Code inform the resigning Aircraft Mechanic the 1 month notice.

Here's a thought...

Article 285 of the Labor Code says

An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance.

The clause says "at least one (1) month" so this could be construed at being a minimum (pinakamababa, pinakamaikli), not maximum (pinakamatagal) period.

A lot of sections in the Labor Code (and other related laws) provide for minimum standards, not maximum.

it is "at least" which means "enough" not a minimum/maximum.

another one: any notice longer than what is required by law is an arbitrary restriction on mobility -The Labor Code requires a 30-day prior notice for employee-initiated voluntary separation quote from ILO Asia Pacific

View user profile

council


Reclusion Perpetua
please clarify defintion.

legal definition online:
at least - not less than;

Merriam Webster Definition of LEAST
: one that is least
— at least
1: at the minimum

View user profile http://www.councilviews.com

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum