Question & AnswerQ&A (DFA DEPARTMENT ORDER NO. 10-2014)
Section 24 of Republic Act No. 7157 or the Philippine Foreign Service Act of 1991 authorizes the Secretary of Foreign Affairs to allow chiefs of mission or principal officers to appoint alien or locally hired employees for their embassies and consulates, giving preference to Filipino citizens.
Local Hires refer to persons of any nationality directly recruited by the Post in the host country to provide staff support services and compensated according to the terms and conditions of the employment contract based on local labor laws and Department of Foreign Affairs issuances.
Posts shall submit an English version of host country labor laws on monetary benefits, non-monetary benefits, and other employment conditions, indicating applicability and compliance requirements for diplomatic missions.
Applicants must have relevant work experience and college degree (except certain positions), be fluent in English and the host country language if translator/interpreter, have legal status, pass police clearance and background check, be aged 20 to 64, and be physically fit.
Disqualified persons include relatives within the third degree of consanguinity or affinity of the Head of Post, those without legal status, wards at MWOFRC, former local hires terminated for cause, and relatives or private staff of Foreign Service Personnel except in emergencies.
Documents include the proposed employment contract, personal history statement, sworn statement regarding disqualifications, police clearance (and NBI clearance for Filipinos), and physician's certification of fitness.
The initial appointment shall be for a fixed period of six months unless otherwise required by local labor laws.
Salary is based on minimum wage laws of the Receiving State, prevailing rates for similar jobs, qualifications, job duties, work duration, and current salaries of incumbent local hires.
Official passports are generally not issued to local hires of Philippine citizenship except when needed for duties involving Assistance to Nationals or security functions, subject to Secretary of Foreign Affairs approval.
Local hires are responsible for paying taxes on their salary and benefits unless the Post is required by local law to deduct and remit taxes; failure to pay taxes may result in non-renewal of contract.
Leave entitlements are based on host country laws but shall not exceed 30 days vacation and 30 days sick leave annually, pursuant to Section 80 of RA 7157.
Posts must comply with local labor laws, especially on prior notification, and seek prior approval from the Department except in cases requiring immediate termination justified under local laws.
No, under RA 8042 it is unlawful for local hires or their relatives within the fourth civil degree to engage directly or indirectly in recruitment of migrant workers.
The provisions of this Order also apply to local hires of overseas offices, service attaches, or representatives of other Philippine government agencies.