Thanks for your reply and opinion...but i am afraid I disagree and here is why
1. The penalty for not having an AEP is clearly defined in the labor code, if you are caught working without one...(a P10000 fine) NOT TERMINATION of Employment
2 . Labor Code defines "employed" as the payment and acceptance of wages ( I had receipts)
3. The Appeals Court stated I was indeed illegally terminated...so it cannot be be that no AEP voided the employment.
4. The suggestion that it is the sole responsibility of the employee to obtain the AEP is ludicrous considering one cannot get an AEP and then look for work...a company sponsor is required for the processing of the application.. (have a look at the AEP application)
5. What incentive is their for ANY company to even get an AEP? In this way they have no responsibility to care for and treat employees within the rules of labor code.... If they get the AEP they must pay P10,000 a year and be responsible for labor rules, and in most cases responsible for repatriation, but if they ignore the AEP, it leaves the company blameless and sets a condition where its beneficial for a company to avoid responsibilities.
The interpretation that the employee must obtain the AEP before working is not well thought out on instruction...the mechanics of this is not actually possible as I have shown.
so yes these are points would ask the SC to rule on. Please reply if you can.