Conditions under which foreigners may work in the Philippines

Dear PAO,

I wish to seek your advice or guidance in living or working in the Philippines.

Is there any recruitment agency that hires people from abroad to work in the Philippines? Are there any consultants who process everything from work permits or sponsorships whichever are required for non-Filipinos to work full-time without any restrictions?

Second, if I am living with or legally married to a Filipino citizen, are there any restrictions which may prevent me from working or applying for any full-time jobs?

Is there any kind or type of visa or entry that is required of me to be able to go to the Philippines?

Looking forward to your inputs or suggestions on this regard.

Regards,

Krishna Kumar

Dear Krishna,

We are very much grateful for your desire to come to our country and to be employed here. The crux of your queries then is the process of obtaining employment in the Philippines.

At the outset, we would like to remind you of our laws relative to the employment of a foreign national in the Philippines. Article 40 of the Labor Code of the Philippines provides, to wit:

“ARTICLE 40. Employment permit of non-resident aliens. Any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor.

The employment permit may be issued to a non-resident alien or to the applicant employer after a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired.

For an enterprise registered in preferred areas of investments, said employment permit may be issued upon recommendation of the government agency charged with the supervision of said registered enterprise.”

The above-quoted provision of law that requires employment permit refers to non-resident aliens. This simply means that being considered as a non-resident alien of our country, you must first have to obtain an employment permit from the Department of Labor before you could be employed here in the event that you intend to come to the Philippines to seek employment.

The employment permit is required for entry into the country for employment purposes and is issued after determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of the application to perform the services for which the alien is desired. (Philippine Labor and Social Legislation Annotated, Volume One, page 223, Samson S. Alcantara)

It appears in Article 40 of the Labor Code that it is only the foreign national and the employers who can obtain the said employment permit. Foreign nationals seeking admission to the Philippines shall apply for employment permit with the nearest Philippine Embassy or Consulate for appropriate actions.

Local employers desirous of hiring the services of a foreign national shall apply for an employment permit in behalf of said foreign national with the nearest regional office of the Department of Labor and Employment (DOLE). (Law on Labor Standards and Social Legislation Annotated, page 367, Joselito G. Chan)

Thus, you may apply for an employment permit with the Philippine Embassy or Consulate in your country or ask your intended local employer to apply the same in your behalf with the DOLE here in the Philippines.

Furthermore, the following documents should accompany your application for employment permit:

1. Curriculum vitae duly signed by the applicant indicating his educational background, his work experience and other data showing that he possesses technical skills in his trade or profession;

2. Contract of employment between the employer and the principal that shall embody the following, among others:

a. that the non-resident alien worker shall comply with all applicable laws, and rules and regulations of the Philippines;

b. that the non-resident alien worker and the employer shall bind themselves to train at least two Filipino understudies for a period to be determined by the Secretary of Labor and Employment; and

c. that he shall not engage in any gainful employment other than that for which he was issued a permit. x x x

3. An oath of undertaking by the employer that within 30 days of arrival of the alien worker, he shall:

a. designate at least two understudies for every alien worker. x x x

b. submit to the Regional Office for approval, an understudy program for the understudies. x x x

4. A certification under oath by employer on the period required to effect transfer of technology as indicated in the Understudy Training Program (Law on Labor Standards, page 366, Chan citing No. 5, Revised Guidelines for the Issuance of Alien Employment Permit dated January 4, 1988 issued by the Secretary of Labor and Employment)

Anent your query as to whether or not there are any restrictions which may prevent you from working or applying for any full-time jobs if you are living with or legally married to a Filipino citizen, the same restriction as that generally imposed on an alien worker will also apply to you even if you are living with or you are legally married to a Filipino citizen.

The availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired is the only possible restriction which may prevent you from working in the Philippines.

As to your last query whether there is any kind or type of visa or entry that is required before you could come to the Philippines, at this juncture we will take this question to mean that you are just coming to the Philippines as a visitor and not to seek employment.

The answer then depends on the existing agreement between our country and your country. For this purpose, since you failed to mention your country, we advice you to contact the Visa Division of our Department of Foreign Affairs at (632) 834-4810 and (632) 834-4853 or inquire through mail at the Visa Division, Department of Foreign Affairs, 2330 Roxas Boulevard, Pasay City, Philippines.

We hope that we were able to enlighten you on the matter. Please take note however that all the information contained herein are based on our appreciation of your question and on the assumptions we made. A different legal opinion may be given if other facts not included in your query will be discussed. –Persida Acosta, Manila Times

(Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao <YOUR QUESTION> and send to 2299).