Acting Labor and Immigration Secretary Jack A. Tenorio has scrapped all oral and written policy directives issued by his predecessor, Mark Zachares, and ordered an adoption of interim policies to carry out DOLI’s functions.
“Effective immediately, pursuant to the powers granted me by the Non-Resident Workers Act, as amended, I am hereby rescinding all oral and written policy directives issued by the prior secretary. These rescinded policies are without force and effect as of the date of this memorandum,” Tenorio said.
On the issue of processing employment applications for foreign workers, Tenorio instructed the Processing Section to stop rejecting late filers because it does not have the authority to do so.
He said even late filings should be accepted provided that the acceptance will not be construed as being approved.
“Late filings of applications for the employment of non-resident workers shall be received as submitted for processing purposes by the Processing Section,” Tenorio said.
“Processing Section personnel shall cease immediately rejecting filing or refusing to accept such documents. Such action is beyond the scope of staff authority. Provided, however, acceptance of late applications should not be construed as approval and the filing fee paid is non-refundable and non-transferable,” he added.
The late filing would be reviewed and given due process, Tenorio said. “Should it be found in violation of applicable requirements set forth in the Non-Resident Workers Act, as amended, or the Alien Labor Rules, including but not limited to deadlines for submission, a denial determination shall be issued,” he added.
The employer and the employee will be served the denial determination and will be advised about their right to appeal the decision to the Hearing Office.
