Lawyer Answers
Recososa Law Firm
Yes, we handle Special Power of Attorney preparation, including for clients who are abroad.
Presuming this concerns a Philippine company and will be used here in the Philippines, your daughter in Abu Dhabi can execute the SPA abroad, but there are important formalities to make it valid and enforceable.
Firstly, we can draft the Special Power of Attorney tailored specifically for claiming salary backpay from her previous employer. The SPA must clearly state the authority to a.) demand and receive unpaid salaries and backpay, b.) sign quitclaims or settlement documents if necessary, and c.) represent her before DOLE, NLRC, or the employer.
Secondly, regarding virtual signing, we can conduct the consultation and drafting process via Zoom or Google Meet. However, for the SPA itself to be legally valid in the Philippines, the signing must be properly notarized. Since she is abroad, she has two proper options:
a.) She may sign before the Philippine Embassy or Consulate in Abu Dhabi. This is considered consular notarization and is directly recognized in the Philippines.
b.) She may sign before a local UAE notary public, then have the document apostilled or authenticated in accordance with international authentication procedures, before sending the original hard copy to the Philippines.
Electronic signature alone is generally not sufficient if the SPA will be used for formal claims, especially before government agencies or for monetary recovery.
Thirdly, once the notarized SPA is ready and the original copy is sent here, the authorized representative can proceed with formal demand, negotiation, or filing a labor complaint if necessary under the Labor Code.
We are the owner of Recososa Law Firm, based in the Philippines, with offices in Luzon, Visayas, and Mindanao. We can schedule an initial consultation via Zoom or Google Meet to discuss the details of the claim and the amount involved.
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