Hi! I have resigned and found new employer, however, before starting to new Company, I wanted to go home first (philippines). Is it possible that I will go back to the Philippines with my cancelled visa in former company then wait for my employment visa in new company while I am in the philippines? Once I receive my new employment visa, that I will present to immigration so they will allow me to exit philippines again. Will that work or they would require me to go through the process of PDOS although I am already an OWWA member? This would be my third time to spend vacation in the philippines. Please take note that I did not gone through the process of PDOS ever as althrough I am direct hore from philippines before, the Company asked me to come via singapore to avoid the lengthy ofw process in the philippines.
Returning ofw with new visa from different employer
Atty. Bimbi
is a Legal expert
in the Philippines
Hello.
From your post, I see that you have a good command of English. This leads me to think that you have had a good education. This also leads me to think that you may be a professional who happens to work abroad.
First, let me say that the POEA and the lengthy OFW processes were designed to protect OFW workers who may not be in a position such as yours. They were meant to protect those unskilled, semi-skilled and skilled workers whose labor are exported abroad.
Second, I know of a lot of professionals in the Philippines who have gone to work abroad without having gone through the POEA and they are none the worse for the wear. They are knowledgeable about contracts and they have the inherent self-assertion to demand terms and conditions of employment that are acceptable to them.
Third, the Labor Code says that there is a ban on direct hiring. This is true. But, really, there is no penal provision for Filipinos who are directly hired for work abroad. The penalty is for manning and employment agencies who circumvent the protection for OFWs. You don't have any legal liability for working as a direct hire.
Fourth, since you have processed your own work visa as a directly hired employee in the past and it has worked out for you, I see no reason why you cannot do the same thing at this time. Your working visa for one employer has expired. You have applied for a new working visa and you have a binding contract of employment with another and new employer abroad. I see no reason why you cannot come for a vacation in the Philippines.
Fifth, the only problem I can see is that, if your application for a working visa is denied, then you will not be able to do anything about this unless your new employer really wants you and will do his or her best to get you that working visa.
In case you were wondering, I wrote a post many many years ago on this same topic. You can read it here:
http://www.buhayofw.com/legal-advice/labol-and-employment/epekto-ng-direct-hire-sa-iyong-mga-karapatan-bilang-ofw#.V895Gph97IU
Good luck to you.
From your post, I see that you have a good command of English. This leads me to think that you have had a good education. This also leads me to think that you may be a professional who happens to work abroad.
First, let me say that the POEA and the lengthy OFW processes were designed to protect OFW workers who may not be in a position such as yours. They were meant to protect those unskilled, semi-skilled and skilled workers whose labor are exported abroad.
Second, I know of a lot of professionals in the Philippines who have gone to work abroad without having gone through the POEA and they are none the worse for the wear. They are knowledgeable about contracts and they have the inherent self-assertion to demand terms and conditions of employment that are acceptable to them.
Third, the Labor Code says that there is a ban on direct hiring. This is true. But, really, there is no penal provision for Filipinos who are directly hired for work abroad. The penalty is for manning and employment agencies who circumvent the protection for OFWs. You don't have any legal liability for working as a direct hire.
Fourth, since you have processed your own work visa as a directly hired employee in the past and it has worked out for you, I see no reason why you cannot do the same thing at this time. Your working visa for one employer has expired. You have applied for a new working visa and you have a binding contract of employment with another and new employer abroad. I see no reason why you cannot come for a vacation in the Philippines.
Fifth, the only problem I can see is that, if your application for a working visa is denied, then you will not be able to do anything about this unless your new employer really wants you and will do his or her best to get you that working visa.
In case you were wondering, I wrote a post many many years ago on this same topic. You can read it here:
http://www.buhayofw.com/legal-advice/labol-and-employment/epekto-ng-direct-hire-sa-iyong-mga-karapatan-bilang-ofw#.V895Gph97IU
Good luck to you.
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