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Saturday, May 16, 2009

DOLE issues rules for issuance of Certificate of Employment

The government today said that foreigners engaged in the productive employment of Filipino workers in the country, and who want to maintain a lawful presence in the Philippines in pursuit of such legitimate activity for the long term,  are required to file for a Certificate of Employment from the Department of Labor and Employment (DOLE).


Labor and Employment Secretary Marianito D. Roque  emphasized that the Certificate of Employment (CE) is a necessary requisite for those foreigners who are active partners in the country's productive growth, to be issued the country's job-geared, globally-distinctive "Special Visa for Employment Generation (SVEG)" in accordance with Presidential Executive Order (EO) No. 758.


He said that President Gloria Macapagal Arroyo recently issued EO 758 "Prescribing Guidelines for the Issuance of a Special Visa to Non-Immigrants for Employment Generation."


The President, in issuing the order, emphasized that in the Philippines, there are indeed "foreigners who want to maintain a lawful presence… by actually, directly, or exclusively engaging in lawful, viable, and sustainable trade, business, industry or activity offering local employment." 


Her EO cited that the public interest, particularly on an aspect of employment generation for Filipinos, warrants the admission of such foreigners as special non-immigrants on the basis of Section 47 (a)(2) of Commonwealth Act No. 613, otherwise known as the Philippine Immigration Act of 1940, as amended.


Accordingly, Roque issued on April 22, 2009 the DOLE's Memorandum Circular (MC) 04,  Series of 2009, prescribing the "Procedures in the Issuance of Certificate of Employment as a Requirement for Special Visa for Employment Generation (SVEG)."


MC 04 requires that all foreign nationals as covered, particularly those who are applying for SVEG with the Bureau of Immigration, shall file with the nearest Regional Office (RO) of the DOLE, a request for the issuance of a Certificate of Employment.


Roque  emphasized that "all foreign nationals with controlling interests in an entity, firm, partnership or corporation that establishes, expands or rehabilitates a business activity, investment, enterprise or industry who are applying for SVEG and employ at least ten (10) full time/regular Filipino workers on a long-term basis in the Philippines are covered by this Memorandum Circular."          


He  added that "the request shall be supported by a true photocopy of payroll indicating the name, position, duration of employment, nature of appointment of the Filipino workers, or a notarized affidavit attesting that the entity, firm, partnership or corporation where the applicant foreign national has controlling interest employs at least 10 full-time/regular Filipino workers on a long-term basis in the Philippines." 


In turn, if the request is found in order, the DOLE RO concerned shall issue the Certificate of Employment within 24 hours after receipt of request with the supporting document, or inform the applicant in writing if there is any discrepancy in the documents submitted.


As issued, the Certificate of Employment  shall attest that the entity, firm, partnership or corporation where the applicant foreign national has controlling interest employs at least 10 full time/regular Filipino workers on a long term basis in the Philippines as defined in Articles 4, 5, 6, and 7 of BI Memorandum Circular No. MCL-09-001  for purposes of the issuance of SVEG.


Finally, Roque emphasized that the entity, firm, partnership or corporation shall be subject to inspection by the DOLE Field Office when deemed necessary.


The DOLE ROs, where foreigners employing workers in the Philippines who are applying for the SVEG may file their request for a Certificate of Employment, are located in all the regional areas of the country.




DOLE funded 18 projects worth P3.75 million


Some 750 displaced workers, unemployed and out-of-school youth, including their families in Region 6 (Western Visayas) were provided emergency employment through the 18 projects funded under the Comprehensive Livelihood and Emergency Employment Program (CLEEP). the Department of Labor and Employment (DOLE) today said.


Citing a report from DOLE-Region 6 in Iloilo City, Labor and Employment Secretary Marianito D. Roque said the beneficiaries received a total of P3.75 million from the stimulus package of President Arroyo aimed at cushioning the effects of the global economic slowdown.


Roque said the beneficiaries were employed in various community work projects of local government units (LGUs) in Western Visayas such as in the construction of covered drainage system, repair of farm-to-market road and barangay health center, and construction of perimeter fence, among others.


He said the CLEEP funds covered projects under the Tulong Pangkabuhayan sa Ating Disadvantaged Workers (TUPAD).


Aside from emergency employment, the beneficiaries also received social protection coverage with PhilHealth.  They also undertook retooling, in coordination with the Technical Education and Skills Development Authority (TESDA), to prepare them for another employment after the projects completion.


"The intervention was short-term that's why beneficiaries were provided skills upgrading or re-tooling to prepare them for long-term employment," Roque said.


Meanwhile, the DOLE-Region 6 has funded three projects under the Integrated Services for Livelihood Assistance (ISLA) out of which two projects worth P661,356 benefited some 113 fisherfolks in Talisay City.


The beneficiaries used the funds to put up alternative livelihood projects like mud crab and catfish fattening, and oyster farming aimed at generating employment and income for their dependents.


The ISLA program also funded the training-cum-production on mat and bag weaving for some 100 fisherfolks in Capiz province.






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