Inquiry on Baldwin's employment status submitted for reso - DOLE

MANILA – The Department of Labor and Employment (DOLE) is set to come up with a resolution on the employment status of resigned Ateneo de Manila University (ADMU) Men’s Basketball Team head coach Thomas Anthony “Tab” Baldwin this month.

During the second and final classificatory hearing at the DOLE main office in Intramuros, Manila on Thursday, Secretary Francis Tolentino ordered the parties, the ADMU representatives, and Baldwin to submit their respective memoranda within seven days, after which the case is deemed submitted for resolution.

“We have given the parties one week to submit their memorandum. We are looking to come up with (a) resolution within the month,” he said in an interview.

READ: Death of Rene Baterbonia, Adili: Why did Ateneo stay silent?

The proceedings are part of the DOLE’s ongoing assessment of Baldwin’s compliance with applicable Philippine laws, rules, and regulations governing the employment of foreign nationals in the country.

“We will be very judicious and fair as to whether Coach Tab Baldwin violated or disregarded existing laws, rules, and regulations of the DOLE, particularly Article 40 of the Labor Code of the Philippines,” Tolentino said.

The hearing centered on whether Baldwin was required to secure an Alien Employment Permit (AEP) and whether an employer-employee relationship existed between him and Ateneo.

Lawyers from Ateneo maintained that the former head coach was engaged under a consultancy agreement, and that no employer-employee relationship existed because it did not exercise control over Baldwin’s coaching functions.

Tolentino sought clarification on the distinction between a consultancy agreement and an employment contract, as well as the source of Baldwin’s compensation.

READ: Tab Baldwin served as Ateneo consultant, not employee – counsel

Ateneo’s counsel said they were not aware of the compensation details but noted that the MVP Group of Companies sponsored the Ateneo men’s basketball team and may also cover Baldwin’s compensation.

On the other hand, lawyer Jose Feliciano, serving as a witness, said he assisted Baldwin in securing an immigrant visa at Ateneo’s request and noted that resident aliens are exempt from obtaining an AEP under Article 40 of the Labor Code.

The DOLE noted that under the Omnibus Rules implementing Article 40, resident aliens holding an Alien Certificate of Registration (ACR) are still required to secure an AEP.

Tolentino reminded employers and other stakeholders “to be vigilant and accountable in complying with the requirements of the law.”

“Moving forward, I hope that what we’ve done today will further strengthen compliance with and enforcement of the AEP requirements, that we enhance transparency and accountability in the implementation of regulatory requirements, and that the policy objectives of protecting the Filipino worker and building capacity in areas where expertise may be useful are carefully balanced and fully aligned with national interests,” Tolentino said.

Baldwin personally appeared in the initial hearing held at the department on June 29. (PNA)

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