QuestionsQuestions (DFA DEPARTMENT ORDER NO. 10-2014)
It is based on Section 24 of Republic Act No. 7157 (Philippine Foreign Service Act of 1991), which allows the Secretary to authorize chiefs of mission/principal officers to appoint alien or locally-hired employees for their respective embassies and consulates, with preference to Filipino citizens. It also provides that such employees may not be transferred to another country but may be assigned within the same country where originally appointed, at the discretion of the chief of mission.
Local Hires are persons of any nationality directly recruited by the Post in the host country to provide staff support services and compensated under an employment contract based on local labor laws, relevant host-country regulations, and DFA issuances.
Posts must submit the English version of relevant labor laws and regulations covering: (1) monetary benefits (e.g., salary, overtime, holiday, separation/retirement, social security/pension, work-related injury/illness, medical, leave monetization, terminal leave, other legal monetary benefits); (2) non-monetary benefits (e.g., weekly day-off, probationary period, compensatory time off, other non-monetary benefits); and (3) other employment conditions (e.g., hours of work, salary deductions required by law, security of tenure, grounds/procedure for termination, and other relevant laws).
For each benefit, Posts must indicate whether it: (a) must be complied with by diplomatic/consular missions; (b) may be adopted at mission discretion; (c) is not allowed to be applied; or (d) must follow the Sending State’s requirements.
The Post must submit: (1) request and justification for hiring; (2) description of duties/functions; (3) qualifications in addition to those in Section 6; (4) cost-benefit analysis between Philippine-based and locally-hired personnel; and (5) other relevant information.
The applicant must: (1) have relevant work experience and a college degree (except where experience/training may substitute for education); (2) for translators/interpreters/writers, be fluent in English and the host-country language; (3) have legal status in the host country; (4) present police clearance from the host country (and NBI clearance if Filipino); (5) pass examinations and background checks by the Post; (6) be at least 20 and not older than 64 at start/renewal (subject to local labor age requirements); and (7) be physically fit based on a physician’s certification and host-country medical exam. Posts may also require additional competencies.
Disqualified are: (1) relatives within the third degree of consanguinity or affinity of the Head of Post/appointing authority; (2) those without legal status in the host country; (3) wards at MWOFRC; (4) former local hires terminated for cause of Philippine embassies/consulates/missions/attached agencies abroad; and (5) relatives within the third degree and private staff of Foreign Service Personnel at Post, except in emergencies authorized by the Secretary or representative.
The Post must submit: (1) proposed employment contract; (2) Personal History Statement; (3) sworn statement that the local hire does not fall under any disqualification in Section 7; (4) police clearance (foreign nationals) or police and NBI clearance (Filipinos); and (5) physician’s certification of health/fitness. The local hire must submit the police/medical documents again every five (5) years after initial appointment.
Initial appointments require prior authorization from the Secretary of Foreign Affairs or authorized representative. The initial appointment is for a fixed period of six (6) months unless a different minimum period is required by local labor laws.
Renewals are subject to: evaluation of fund availability, the local hire’s performance, and compliance with applicable local labor laws and regulations.
Posts must be guided by the Department’s model employment contract when formulating the local hire contract, and they must customize it to incorporate requirements of local labor laws and regulations consistent with the Order. The proposed contract must be submitted to DFA for approval.
Official passports are not issued to local hires who are Philippine citizens except when necessary for duties involving Assistance to Nationals and/or security-related functions, subject to Secretary approval. Local hires allowed to use official passports are not entitled to benefits accorded to regular Foreign Service personnel.
No. The Department and Posts shall not be involved in facilitating visa/work permit applications of local hires or their family members, unless intervention by the Post is required by the host country’s foreign ministry/authorities for identification, accreditation, or other official purposes.
If host-country law does not require foreign missions to provide a benefit to their local hires, the Post shall not grant that benefit unless authorized by the Department.
Leave entitlements are based on host-country labor laws, but they must not exceed 30 days vacation leave and 30 days sick leave per year of service, pursuant to Section 80 of RA 7157.
Bonuses shall be granted only if required by local law or regulation.
If local labor law requires payment for overtime, the Post must secure prior authorization from the DFA before complying with payment for overtime service rendered.
It prohibits local hires or their relatives within the fourth civil degree of consanguinity or affinity from engaging directly or indirectly in the business of recruiting migrant workers. It is pursuant to RA 8042 (Migrant Workers and Overseas Filipinos Act of 1995).
Disputes are resolved on a case-to-case basis, taking into account the circumstances of the concerned Post, availability of funds, and the interests of the involved parties, considering host-country laws and Department issuances.