Handbook of Expatriates

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Handbook of Expatriates A HANDBOOK FOR EXPATRIATES DEPARTMENT OF LABOR AND EMPLOYMENT REGIONAL OFFICE NO. 7 2nd Flr. GMC Plaza Bldg., Legaspi Ext., Corner MJ Cuenco Ave., Cebu City 6000 Tel. No. 253-0638/254-9412/254-9415/255-5076/254-9309 http://www.cvis.net.ph/dole7 Email : [email protected] Designed and Layout by : DOLE-7 IMSD-CREATIVES TEAM All rights reserved / Copyright 2008 BY DOLE-PEZA TECHNICAL WORKING 98 GROUP REGION 7 1 A A HANDBOOK HANDBOOK FOR FOR EXPATRIATES EXPATRIATES DOLE-PEZA TECHNICAL WORKING GROUP REGION 7 DOLE-PEZA TECHNICAL CEBU CITY 2010 WORKING GROUP REGION 7 CEBU CITY 2010 THIS HANDBOOK IS NOT FOR SALE THIS HANDBOOK IS NOT FOR SALE 2 97 TABLE OF CONTENTS DOLE 7-REGIONAL PRELIMINARY PAGES COORDINATING COUNCIL & Message of Secretary Roque 5 DOLE—PEZA Message of Director General De Lima 6 TECHNICAL WORKING GROUP Message of Director Cayanong 7 Message of Honorable Bantug 8 MEMBERS Message of Adm Pinagayao 9 Dir. ELIAS A. CAYANONG, DOLE MAIN CONTENTS Hon. GRACE G. CARREON, RTWPB FREQUENTLY ASKED QUESTIONS ON AEP 10 Hon. JOSE G. GUTIEREZ, NLRC-RAB MINIMUM WAGE 15 Dir. MAE CODILLA, OWWA HOLIDAY PAY 20 Dir. EVELIA M. DURATO, POEA PREMIUM PAY 25 Hon. VIOLETA O. BANTUG, NLRC-7TH DIVISION SPECIAL DAYS 27 Dir. EDMUNDO MIRASOL, NCMB OVERTIME PAY 28 Adm. SANSALUNA A. PINAGAYAO, PEZA Dir. ROSANNA A. URDANETA, TESDA NIGHT-SHIFT DIFFERENTIAL 29 Dir. DAN V. MALAYANG, PRC SERVICE CHARGE 30 Hon. ANTONIO VILLAMOR, REPESOM SERVICE INCENTIVE LEAVE 31 MR. REY ESTILLORE, OSHC MATERNITY LEAVE 33 PATERNITY LEAVE 34 PARENTAL LEAVE FOR SOLO PARENTS 36 LEAVE FOR VICTIMS OF VIOLENCE AGAINST WOMEN AND CHILDREN 38 THIRTEENTH-MONTH PAY 40 SEPARATION PAY 44 RETIREMENT PAY 46 96 3 MAIN CONTENTS DOLE7 RCC /DOLE-PEZA TWG DIRECTORY EMPLOYEES COMPENSATION PROGRAM 48 RTWPB Head of Office : HON. GRACE G. CARREON PHILHEALTH BENEFITS 51 Address : 4F, ABCED Bldg. , P. del Rosario Ext., Cebu City SOCIAL SECURITY BENEFITS 53 Contact No(s) : T– 253-1938/253-0055 / F - 253-1280 Email Address : [email protected] RIGHT TO SECURITY OF TENURE 56 THE JOB AS PROPERTY RIGHT 66 TESDA LOSS OF CONFIDENCE 67 Head of Office : DIR. ROSANNA A. URDANETA Address : Archbishop Reyes Ave., Cebu City DUE PROCESS 67 Contact No(s) : Telefax 412-306 / 412-0307 Email Address : [email protected] APPENDIX AEP FLOWCHART 14 NLRC-RAB-7 Head of Office : HON. JOSE G. GUTIEREZ NCMB FUNCTIONS 68 Address : Osmeña Blvd., Cebu City POEA INPUTS 70 Contact No(s) : T253-5527 / F255-7404 Email Address : [email protected] D.O. 68-04 (KASH PROGRAM) 74 REGIONAL PESO DIRECTORY 81 PRC Head of Office : DIR. DAN V. MALAYANG DOLE-PEZA / RCC – 7 DIRECTORY 94 Address : Guadalupe, Cebu City Contact No(s) : T255-7397 / F254-3497 Email Address : [email protected] NLRC - 7TH DIVISION Head of Office : HON. VIOLETA O. BANTUG Address : Echavez St., Cebu City Contact No(s) : T232-5664 / F232-8940 Email Address : [email protected] REPESOM President : HON. ANTONIO VILLAMOR Address : Municipal Hall, San Remegio, Cebu Contact No : 435-9028 Email Address : 4 95 Republic of the Philippines DEPARTMENT OF LABOR & EMPLOYMENT DOLE7 RCC / DOLE-PEZA TWG DIRECTORY Intramuros, Manila OWWA Head of Office : OIC— MAE CODILLA Address : Mezzanine Flr., LDM Bldg., MJ Cuenco Ave., Cebu City Contact No(s) : T254-3199 / F412-9712 MESSAGE Email Address : [email protected] The publication of the ―Handbook for Expatriates‖ underscores the vigorous efforts of the Department of Labor and Employment POEA (DOLE) Regional Coordinating Council and all its partners to Head of Office : OIC— EVELIA M. DURATO guide expatriates on labor and employment laws and standards Address : Mezzanine Flr., LDM Bldg., MJ Cuenco Ave., Cebu City prevailing in the Philippines. This undertaking certainly would Contact No(s) : 256-0435 / 256-0334 ensure smooth and favorable stay and employment of Email Address : [email protected] expatriates in the country. This handbook is a readily available URL : www.poea.gov.ph reference guide that employed expatriates can always refer to in connection with their rights and responsibilities vis-à-vis Philippine PEZA labor laws and standards. Head of Office : ADM. SANSALUNA A. PINAGAYAO Address : PEZA Administration Bldg., Mactan Economic Zone, Expatriates are usually employed as CEOs and managers in the Lapu-lapu City country‘s economic zones and other industrial areas. With this Contact No(s) : T 3400-593 / F 3400-591 handbook, they will definitely become more well-informed on the Email Address : [email protected] rights and benefits due the Filipino workers as provided for by law. URL : www.peza.gov.ph This prevents workers dissatisfaction and plant-level upheaval, NCMB thereby, ensuring harmony between labor and management Head of Office : DIR. EDMUNDO T. MIRASOL and plant level efficiency and productivity. Address : 5th Flr. GK Chua Bldg., Sanciangko St., Cebu City Contact No(s) : (032) 253-0625; (032) 253-0604 ;Fax (032) 253-0550 Indeed, this handbook concretizes the DOLEs endeavor to Email Address : [email protected] promote industrial peace and workers‘ productivity in URL : http://ncmb.ph foreign-owned and foreign operated firms in the country. I, thus, commend the men and women of the DOLE Regional DOLE Coordinating Council in Region 7 for coming out with the Head of Office : DIR. ELIAS A. CAYANONG handbook. The handbook will be helpful not only in your region Address : 2nd Flr. GMC Plaza Bldg., Legaspi Ext., Corner MJ but also in other regions where there are employed expatriates. Cuenco Ave., Cebu City Contact No(s) : T253-0638; F253-9521 My congratulations to DOLE 7—RCC and PEZA Technical Working Email Address : [email protected] Group for this endeavor. URL : http://www.cvis.net.ph/dole7 or http:///www.dole7.com.ph Mabuhay Kayo! OSHC Head of Office: MR. REY ESTILLORE MARIANITO D. ROQUE Ground Floor GMC Plaza, MJ Cuenco Ave. Secretary Cebu City T/F 2539301 / 2539321/ 94 5 REGIONAL FEDERATION OF MACTAN PESO MANAGER ECONOMIC ZONE Region VII—Oriental Negros Province FOUNDATION UNIVERSITY SILIMAN UNIVERSITY PEZA Dumaguete City, Or.Negros Dumaguete City, Or. Negros Dr. Mira O. Sinco –President Ben S. Malayang III Dr. Lilian Sumagaysay Evangeline Aguilan 422-9167 / fax 225-0617 / 422-7655 loc 422-6002 / 225-2295 local 225 / Cell # 128 / Cell # 09269327759 09178561662 [email protected] [email protected] MESSAGE NORSU-MAIN CAMPUS (A Handbook for Expatriates) Giovanni T. Macahig An equitable and productive industrial workplace is the Cell # 09053657323 ideal scenario in any business operation, where employers and None employees understand and respect each others‘ rights and re- REGIONAL FEDERATION OF sponsibilities. When workplace policies and ethics are clear and PESO MANAGER effectively implemented, there is mutual harmony in achieving Region VII—Siquijor Province the targets and goals. This in turn brings about Best Practices and PESO SIQUIJOR PROV. CAPITOL PESO ENRIQUE VILLANUEVA a business that brims with success. New Capitol Bldg. Pulangyluta Siquijor, Enrique Villanueva, Siquijor Siquijor Hon. Ellery Clint A. Orquillas Hon. Orlando A. Fua, Jr. Cesario Alcala, Jr. Such an ideal scenario can only be possible when infor- Lena O. Medel Cell # 09062243593 mation and communication flow freely among the stakeholders, (035)344-2120 / Cell # 09068093988 None especially for our foreign investors and employers who need to [email protected] be familiarized with Philippine Laws. PESO LARENA PESO LAZI Larena, Siquijor Lazi, Siquijor Hon. Gold L. Calibo Hon. Orpheus A. Fua –N This is where an informative material such as the Hand- Enr. Rito Abapo Mafe Patelona book for Expatriates comes in handy and helpful, like a welcom- (035)377-2003 / Cell # 091957978226 Cell # 09177314220 ing handshake that assures a good start. Even as industrial rela- [email protected] None tions may constantly bring about challenges, knowing the basic rights and remedies is a big first step towards overcoming, if not precluding, the challenges. PESO MARIA PESO SAN JUAN Lazi, Siquijor San Juan, Siquijor Hon. Rebecca Padayhag Hon. Edwin Quimno Congratulations to the DOLE-PEZA Technical Working Ma. Nida Saplot Nonito Manginsay Group and the DOLE Regional Coordinating Council for their ef- 09173007544 Cell # 09177008711 forts to enlighten our foreign stakeholders at the economic zones None None on a most important aspect of doing business in the Philippines. PESO SIQUIJOR PESO SIQUIJOR STATE COLLEGE Siquijor, Siquijor President,SSC, Larena, Siquijor Hon. Richard Quezon Hon. Baldomero R. Martinez, Jr. Zusan Siao / Glenn Enerio (alternate) John Anthony Jimenez LILIA B. DE LIMA 344-2097 / 344-2074 / Cell # 09157975226 377-2222 / 377-2223 None [email protected] Director General 6 93 REGIONAL FEDERATION OF Republic of the Philippines PESO MANAGER DEPARTMENT OF LABOR AND EMPLOYMENT Region VII—Oriental Negros Province Regional Office No. 7, Cebu City PESO LA LIBERTAD PESO MABINAY La Libertad, Or.Negros Mabinay, Or. Negros Hon. Lawrence D.Limkaichong,Jr. –N Hon. Enozario T. Baldoza Liza L. Villaester Irene Y. Baldoza 409-4020 / Fax 409-4020 Cell # 09194484641 None [email protected] PESO MANJUYOD PESO NEGROS ORIENTAL MESSAGE Manjuyod, Or. Negros Dumaguete City, Or. Negros Hon. Amor A. Baldado Hon. Emilio C. Macias II Antonio Academia Marez C. Ramirez The Handbook for Expatriates is a project that showcases 404-1136 / Cell # 09219706905 225-1691 / 225-3525 / fax 225-4835 the humble initiatives of the DOLE-PEZA Technical Working Group None None and the members of DOLE-Regional Coordinating Council. PESO PAMPLONA PESO SAN JOSE I gratefully acknowledge and give due credit to the group for its Pamplona, Or. Negros San Jose, Or. Negros strong and deep partnership in gathering relevant inputs to Hon. Apolinario Arnaiz, Jr. Hon. Nelson S. Ruiz Marivic Ramirez Janet Amen provide assistance to foreign nationals wanting to do business or 416-0062 / 416-0074 417-0703 get employed in the Philippines.
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