Manila: The Department of Labor and Employment (DOLE) is moving towards a resolution regarding the employment status of Thomas Anthony "Tab" Baldwin, the resigned head coach of the Ateneo de Manila University (ADMU) Men's Basketball Team. The decision is expected to be finalized within this month following recent proceedings.
According to Philippines News Agency, during the concluding classificatory hearing at the DOLE main office in Intramuros, Manila, Secretary Francis Tolentino instructed the involved parties, including representatives from ADMU and Baldwin, to submit their memoranda within seven days. This submission will mark the case as ready for resolution.
The ongoing investigation by DOLE aims to evaluate Baldwin's adherence to the relevant Philippine laws, rules, and regulations concerning the employment of foreign nationals. Secretary Tolentino emphasized the importance of a fair and judicious review to determine if Baldwin had violated any DOLE regulations, particularly focusing on Article 40 of the Labor Code of the Philippines.
The central issue discussed was whether Baldwin was required to obtain an Alien Employment Permit (AEP) and if an employer-employee relationship existed between Baldwin and Ateneo. Ateneo's legal team asserted that Baldwin was engaged under a consultancy agreement, which they claimed negates the existence of an employer-employee relationship due to a lack of control over his coaching functions.
Secretary Tolentino sought further clarification on the differences between a consultancy agreement and an employment contract, as well as the origin of Baldwin's compensation. Ateneo's counsel revealed that the compensation details were unclear but suggested that the MVP Group of Companies, sponsors of the Ateneo men's basketball team, might have covered Baldwin's remuneration.
In contrast, lawyer Jose Feliciano, acting as a witness, stated he assisted Baldwin in obtaining an immigrant visa at Ateneo's request. He noted that resident aliens are typically exempt from procuring an AEP under Article 40 of the Labor Code. However, DOLE pointed out that the Omnibus Rules implementing Article 40 still require resident aliens with an Alien Certificate of Registration (ACR) to secure an AEP.
Secretary Tolentino urged employers and relevant stakeholders to be vigilant and accountable in adhering to the legal requirements. He expressed hope that the proceedings would enhance compliance with AEP requirements and reinforce transparency and accountability in regulatory implementations, ensuring a balance between protecting Filipino workers and utilizing foreign expertise aligned with national interests.
Baldwin had personally attended the initial hearing at the department on June 29.
