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Apprenticeship 2012

NEBRIDA, RJF

Republic of the Philippines


UNIVERSITY OF EASTERN PHILIPPINES
University Town, Northern Samar

COLLEGE OF LAW
APPRENTICESHIP PROGRAM
Summer 2012

DAILY REPORT OF ACTIVITIES/ASSIGNMENTS UNDERTAKEN

DEPARTMENT OF LABOR AND EMPLOYMENT


Northern Samar Field Office

Date: May 9-11, 2012 Number of Hours: 15

NATURE OF THE TASK PARTICULARS

Observation Unfortunately, during my stay as


apprentice, Chief Patria A. Bigcas was
not around. Her assistant, Ms. Micah,
though, was more than accommodating
in helping me out with my concerns.

Several clients come and go during my


three-day assignment.

One clients concern is about the


submission of documents for Special
Program for Employment of Students or
SPES.

SPES is one of the flagship programs of


the department which endeavors to
provide employment to deserving
students and out-of-school youths
coming from poor families during
summer and/or Christmas vacations as
provided for under Republic Act No.
7323 and its implementing rules, to
enable them to pursue their education.
Recently, by virtue of an amendment,
SPES is now operational throughout the
year. Youths of 15 to 25 years of age and
coming from family with an annual
gross income of 95,000 and below
qualifies for the said program.

Public Employment Service Office or


PESO is another service facility of the
department. It is a non-fee charging
multi-employment service entity
established and accredited by the
department in local government units,

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Apprenticeship 2012
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state universities and colleges, non-


governmental organization and
community-based organizations. This is
pursuant to Republic Act no. 8759
otherwise known as the PESO Act of
1999.

PESO facilitates job fairs, livelihood and


self-employment bazaars, and other
employment programs.

Another client inquired as to the legal


process involved in hiring an alien.
Office staff explained the need to secure
an Alien Employment Permit (AEP).
Under Article 40 of the Labor Code of
the Philippines, as amended, any alien
seeking admission to the Philippines for
employment purposes and any domestic
or foreign employer who desires to
engage an alien for employment in the
Philippines shall obtain an employment
permit from the DOLE.

An AEP is a permit issued to a non-


resident alien or foreign national
seeking employment, after a
determination of the non-availability of
Filipino citizen who is competent, able
and willing at the time of application to
perform the services for which the aloen
is desired.

Conciliation-mediation process is
likewise held in the DOLE Field Office.
This is done through the Single Entry
Approach or SENA. Unfortunately, there
was no conference scheduled during my
stay there.

SENA is a 30-day mandatory


conciliation-mediation in all regional
offices which shall complement the
existing labor dispute settlement
mechanism and processes in the DOLE
offices and attached agencies. This is
designed to provide a speedy, impartial,
inexpensive and accessible settlement
services for unresolved issues /
complaints arising from employer-
employee realtions. This encourages the
use of conciliation-mediation as only
unresolved issues shall be referred
either for voluntary arbitration, if both

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parties so agree, or compulsory


arbitration to the National Labor
Relations Commission ( NLRC) or
appropriate agency or office of the
DOLE, as the case may be.

SENA takes cases falling uder the


administrative and quasi-judicial
functions of all DOLE offices and
attached agencies except notice of
strikes and lockouts and issues arising
from the interpretation or
implementation of the collective
bargaining agreement and company
personnel policies.

In case of settlement, the desk officer


shall reduce the agreement to writing,
have the parties understand the
contents thereof, sign the same and
attest the document. Any settlement
reached by the parties shall be final and
binding.

In case of non-settlement within 30


days, referral to appropriate DOLE
agency which has jurisdiction over the
dispute, or if both parties so agree, refer
the unresolved issues to voluntary
arbitrations.

I hereby certify the correctness of the foregoing report.

ROSARIO JOY FLORES-NEBRIDA


LLB-III

Noted:

Ms. PATRICIA A. BIGCAS


Chief, Labor and Employment Officer

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