Baguio City – “Samantha”, 23 years old and a graduate of Bachelor of Science in Education has worked for an educational institution in Baguio City that provides a program  popularly known as “English as a Native Language (ENL) Program “. The way native English speakers learn English and apply it to the learning of non-native speakers. She has been with the school for three years now.

She said over the years the school has helped students mainly from Korea, Japan, Thailand, Taiwan, and China to achieve their dreams, outshine in society, and become competitive individuals through English as the program leads students to study English as their native language. The schools pay its teachers and non-teaching staff with a good salary and work is stable.

There was a strong employee-employer relationship in the school which is important until three months ago a new foreign operations manager arrived, let us call him “Mr. Crowley” (not his real name). Basing on the email sent to us by “Samantha”, Mr. Crowley is difficult to deal with.  He wants the staff run his personal errands; drop off soiled linens at the laundry shop or go to the grocery store and other chores that is not part of their job description and degrades their status. Worst is Mr. Crowley always uses offensive language, always cursing, yelling, and swearing.

Mr. Crowley, being a foreigner and a holder of an Alien Employment Permit (AEP) does not give him the right to maltreat employees or do whatever he wants. He’s AEP is a document issued by the Department of Labor and Employment (DOLE) which authorizes a foreign national to work in the Philippines. Even if he’s a holder of a Special Non-Immigrant Visa (47(a)2) because he occupies an executive, advisory, supervisory, and technical position in the school.

With the actions of Mr. Crowley in the workplace which is grave misconduct in dealing with or ill treatment of workers, this is a ground for the revocation or cancellation of his AEP after due process.  Any of the following is a ground for revocation/cancellation of an AEP: a) Non-compliance with any of the requirements or conditions for which the AEP was issued; b) misrepresentation of facts in the application; c) submission of falsified or tampered documents; d) meritorious objection or information against the employment of the foreign national as determined by the DOLE Regional Director; e) foreign national has a derogatory record; f) employer terminated the employment of the foreign national; g) grave misconduct in dealing with or ill treatment of workers; and h) failure of the foreign national to submit the board Secretary’s Certification to the Regional Office within 15 working days after date of appointment or election.

For the case of Mr. Crowley which is grave misconduct in dealing with or ill treatment of workers. This means that he displays abusive behavior against filipino workers which is a pattern of mistreatment that causes either physical or emotional harm. This type of workplace aggression is particularly difficult because, unlike the typical school bully, workplace bullies often operate within the established rules and policies of their organization and their society he is someone who has authority over the employees.

The effect of a cancelled or revoked Alien Employment Permit which would depend on the basis of cancellation or revocation is: if the ground is conviction of criminal offense or fugitive from justice in the country or abroad; or grave misconduct in dealing with or ill treatment of workers, foreign national is disqualified to re-apply within a period of ten (10) years from the date of the cancellation or revocation order. The decision of the DOLE Secretary is final and executor unless a motion for reconsideration is filed within 10 days after the receipt of the decision.

For a foreign national working without AEP, a fine of Ten Thousand Pesos (P10,000.00) for every year or a fraction thereof while employers, companies of business establishments employing a foreign national without a valid AEP shall also pay Ten Thousand Pesos (P10,000.00) for every year or a fraction of.

For the information of the public: Any person in the Philippines who is competent, able and willing to perform the services for which the foreign national is desired may file an objection at the DOLE – Cordillera Administrative Region within 30 days after this publication of the application of a foreign national for an Alien Employment Permit.

Please inform the DOLE or any Law Enforcement Agency (LEA) if you have any information on criminal offense committed by the foreign nationals. You can reach DOLE at 074-443-5339 (telefax) and 074-443-5338 or email at dolecar88@yahoo.com.

END/Patrick T Rillorta