Dear Attorney,

I hope this letter finds you well. I am writing to seek your advice regarding an issue with an employer who has caused me significant inconvenience and expense during my application process. I have submitted all the necessary documents and undergone a medical examination, which I paid for myself. The employer also provided a start date and a salary computation, but they have postponed my start date multiple times.

Recently, I followed up with them and was informed that my application has been placed on hold without explanation. This situation has caused me undue stress, financial burden, and inconvenience, as I have repeatedly traveled to comply with their requirements. I am unsure how to proceed or what legal remedies are available to me under Philippine law.

Could you please guide me on my rights as a job applicant and what actions I may take to address this matter?

Sincerely,
A Concerned Applicant

Comprehensive Discussion on Rights and Remedies of Job Applicants in the Philippines

Overview of the Problem

The situation described pertains to the rights of job applicants and the obligations of employers during the hiring process. The central issues include:

Expenses Incurred by the Applicant: Costs associated with medical examinations and other requirements.
Unexplained Delays and Holding of the Application: Lack of transparency and potential bad faith on the employer’s part.
Potential Remedies Under Philippine Labor Law: Recovery of expenses and assertion of rights.

Legal Basis and Discussion

Philippine labor laws, particularly those under the Labor Code of the Philippines, aim to protect workers, including those at the pre-employment stage. Here is a detailed analysis:

I. Employer-Applicant Relationship

A. Pre-Employment Obligations of Employers

While there is no formal employment contract yet, employers owe certain obligations to applicants during the hiring process:

Good Faith in Hiring: Employers must conduct their hiring process in good faith, meaning they should not subject applicants to unnecessary expenses, delays, or arbitrary decisions.
Transparency and Clear Communication: Employers should be clear about requirements, start dates, and any reasons for delays or withdrawal of offers.

B. Promises and Representations

If the employer provided a start date and salary computation, it could be argued that a quasi-contractual obligation or "estoppel" has arisen under Article 19 of the Civil Code of the Philippines, which mandates that acts should not cause damage to another.

II. Expenses for Pre-Employment Requirements

A. Reimbursement of Medical Examination Costs

Under Department of Labor and Employment (DOLE) Advisory No. 06, Series of 2020, employers are responsible for the cost of pre-employment medical examinations, particularly when they are a condition for hiring. If an applicant is made to pay, they may be entitled to reimbursement.

B. Recovery of Other Costs

Applicants can seek reimbursement of expenses incurred due to the employer’s actions, especially if these were mandatory or implied as part of the hiring process. Article 22 of the Civil Code states that any person unjustly enriched at the expense of another must return what was received.

III. Delays and Withdrawal of Application

A. Breach of Good Faith

The repeated delays and holding of the application without a valid explanation can constitute a breach of good faith. Employers cannot arbitrarily put applications on hold without due cause, especially if the applicant has already fulfilled all requirements.

B. Grounds for Filing a Complaint

Applicants may file a complaint for:

Unjust Enrichment: Recovering costs spent on requirements that the employer failed to honor.
Moral Damages: Compensation for emotional distress, particularly if the employer’s actions were arbitrary or in bad faith.

IV. Filing a Complaint: DOLE and Legal Remedies

A. Department of Labor and Employment (DOLE)

Applicants can file a complaint with the DOLE for violations of labor standards, particularly those involving:

Non-reimbursement of medical examination expenses.
Failure to act in good faith during the hiring process.

B. Small Claims or Civil Case

If the issue involves financial losses, the applicant may also pursue a small claims case under the Revised Rules of Procedure for Small Claims Cases to recover expenses and damages. No lawyer is required, and the process is streamlined for efficiency.

V. Practical Considerations for Applicants

A. Steps to Take Before Filing a Formal Complaint

Send a Demand Letter: Outline the costs incurred and request reimbursement or an explanation for the delays.
Document All Communications: Keep records of emails, texts, or written notices from the employer.
Seek Assistance from DOLE: For guidance and mediation before escalating to formal litigation.

B. Filing a Formal Complaint

If the employer fails to respond to the demand letter, file a complaint with DOLE or the relevant court. Attach the following documents:

Receipts for medical examinations or other expenses.
Proof of communication with the employer (e.g., emails confirming the start date).

VI. Employer’s Perspective and Possible Defenses

A. Employers’ Right to Hold Applications

Employers may argue that business needs or unforeseen circumstances necessitated the delay. However, they must provide a valid explanation and act in good faith.

B. No Formal Contract Signed

Employers may claim that the absence of a formal contract absolves them of any obligation. However, quasi-contract principles and labor advisories hold them accountable for actions leading to unjust enrichment or damages.

VII. Case Law and Precedents

A. Relevant Jurisprudence

While there is limited case law directly addressing pre-employment expenses, the principles of unjust enrichment and employer obligations under labor law provide sufficient legal grounding.

B. Analogous Cases

Cases involving breaches of employer obligations during probationary periods or after conditional job offers may provide useful analogies for asserting claims.

VIII. Recommendations

For Applicants: Assert your rights by engaging in dialogue with the employer first. If unsuccessful, escalate to DOLE or file a small claims case.
For Employers: Review hiring policies to ensure compliance with labor laws and prevent potential liabilities.

Conclusion

The employer's actions, as described, potentially violate labor laws and principles of good faith. Applicants should not bear the costs of pre-employment processes nor be subjected to arbitrary delays. Legal remedies are available to recover costs and address grievances through DOLE or the judiciary. It is essential to document all transactions and seek legal assistance when necessary.