Flashcards Studio

An Iloilo-based IT services company hires a Non-resident Alien (NRA) from Country M as Chief Data Protection Officer (CDPO) for a two-year assignment. The on-file Alien Employment Permit (AEP) is issued for the role 'Data Privacy Analyst' with a one-year term and a narrowly defined scope. The written job description assigns executive-level duties including enterprise-wide privacy strategy, cross-department data governance, and approval of multi-million-peso privacy budgets. The company begins work immediately but has not obtained a new AEP reflecting the expanded duties. An audit later reveals that the NRA has performed the CDPO duties from day one and that 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 186-2017 as amended by DO 221-2021 and DO 205-2019? (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 CDPO 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?