Flashcards Studio

A Manila-based software services firm hires a Non-resident Alien (NRA) from Country K as Chief Information Security Officer (CISO) for a two-year term. The on-file Alien Employment Permit (AEP) is issued for the role "Information Security Analyst" with a one-year term and a narrowly defined scope. The written job description assigns executive-level duties including strategic security governance, cross-departmental risk oversight, and approval of multi-million-peso budgets. The company begins work immediately but has not obtained a new AEP reflecting the expanded duties. A government audit later reveals that the NRA has performed the CISO duties from day one and the AEP does not reflect the actual duties. (a) Is the NRA legally employed under Labor Code Articles 40-42 and the implementing Department Orders stated above? (b) What penalties or liabilities may attach to the employer for employing a non-resident alien without a proper AEP and for the mismatch between the AEP and the actual duties? (c) If the employer immediately applies for a correct AEP, halts the NRA’s duties pending approval, and aligns all documentation, what are the permissible remedies and potential consequences for both the worker and the employer under the cited authorities?