Dole Employment Agreement

An employment contract is concluded for each type of employment. It can be verbal or written for so long that it meets the essential requirements and minimum legal standards prescribed by law. Any part of an employment contract that does not meet the standards is deemed invalid. Foreigners wishing to work in short-term employment can obtain a Special Work Permit (SWP) from the Philippine Immigration Office. The CSP is valid for three months and can be extended for an additional three months. If the work commitment exceeds six months, the worker must apply for a pre-established work visa (9 (G), the validity of which is determined by the work permit of foreigners (AEP) issued by the DOLE. The ASP applies only to the position and the company for which it was issued for a period ranging from one year to three years, depending on the length of the employment contract. During the issuance of a 9 (G) visa, a foreigner may obtain a provisional work permit (PWP) valid for three months or until a 9 (G) visa is issued, depending on what happens first. If necessary, the PWP may be extended for an additional three months or a total of six months. There is no legislation to protect employees in the event of a business transfer. However, the Philippine Supreme Court has ruled that workers` contracts in the event of mergers and acquisitions cannot be considered part of a company`s assets and liabilities that can be transferred unilaterally by the employer (Bank of the Philippine Islands/BPI Employees Union-Davao Chapter, GR. 164301, August 10, 2010).

The worker must give his consent if his employment is transferred to another employer, since the employment is a personal amicable contract. Under five categories of employment schemes, Philippine labour law recognizes the nature of employment. Is there a law prohibiting discrimination or harassment in the workplace? If so, what are the statutory categories? The statutory mandate provisions in question 13 also provide for the temporary transfer of a contract worker for the duration of the service contract or only for a period of work or work. However, a contractor is prohibited from engaged in employment and brokerage activities (Department Order No. 174, Series 2017). Employers are not required to pay former employees for the time set out in restrictive agreements after employment. The Philippine labour code is the general labour law that governs the relationship between the employee and the employer and all employment-related issues in the country. The law applies to all Filipino joint ventures and enterprises, as well as to all working relationships between Filipino nationals and foreign companies in the country.

As a general rule, overtime pay cannot be waived and overtime cannot be compensated by sub-time work. However, the DOLE and the Philippine Supreme Court have allowed companies to use a “weekly compressed work system” that reduces the normal week to less than six days, but the total number of hours worked remains 48 hours per week (or 40 hours per week for companies with a normal working week of five days). Under a compressed weekly program, working time beyond eight hours is not paid by the overtime premium, provided that the total number of hours worked per day does not exceed 12 hours (over a 48-hour week) or 10 hours (in a 40-hour week). Employers can only implement a compressed weekly work system with the express and voluntary agreement of the majority of insured workers and prior notification to the DOLE on the adoption of the scheme.