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Transition for religious occupations
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Posted on May 02 2008
[B]Q: What is the effective date of the transition for religious occupations?
A:[/B] The transition for religious occupations took effect on Jan. 1, 2008, the effective date of Public Law 15-108 or the new labor reform law. The transition period will go through Oct. 1, 2008.
According to the new Labor Employment Rules and Regulations, the purpose of such transition is to phase out the availability of approved employment contracts of foreign national workers hired by bona fide religious affiliates as employees rather than as leaders.
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[B]Q: During the transition period for religious occupations, what type of employment contracts the Labor director may grant?A:[/B] In the transition period, the Labor director may approve employment contracts under which a bona fide religious undertaking is the employer and the position to be filled by the alien worker is a professional position in a religious vocation or occupation. According to the Labor Employment Rules and Regulations, such an employment contract may be for a term of three years.
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[B]Q: What will happen after the end of the transition for religious occupations?A:[/B] After Oct. 1, 2008, the Labor director may not approve any employment contract other than for a priest or similar leader of a bona fide religious undertaking.
The Regulations state that no employment contracts for alien workers as employees of a bona fide religious undertaking will be approved. Existing contracts in effect on Jan. 1, 2008, with foreign national workers who are employees and not leaders are not affected but may not be renewed at expiration in 2008 unless the contract term will not extend beyond Oct. 2008.
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