Employment 2025

PHILIPPINES Law and Practice Contributed by: Rashel Ann C Pomoy and Paolo Miguel Consignado, Villaraza & Angangco

4.2 Registration Requirements for Foreign Workers Permits Under Article 40 of the Philippine Labour Code and the newly issued DOLE Department Order No 248, series of 2025 (“D.O. No 248-25”), employers intend - ing to hire foreign nationals must prove through a Labour Market Test (LMT) that no qualified Filipino is available for the position. Foreign nationals who intend to work in the Philippines must secure an Alien Employment Permit (AEP) from the DOLE. The AEP is only valid for the position and employer specified in the application. In case of trans - fer to another position or company, a new application must be submitted. Notably, under the new D.O. No 248-25, an application for an AEP may be filed and processed even while the foreign national intended to be hired is still outside the country, provided that no AEP shall be released unless the foreign national has entered the country with the appropriate pre-arranged employment visa or 9 (G) or working visa presented to the DOLE Regional Office. The other requirements and the process for the application of the AEP are found in D.O. No 248-25, DOLE Labour Advisory No 16, series of 2021, and the latest DOLE Citizen’s Charter (1st Edition, 2025). Furthermore, foreign workers in certain regulated pro - fessions (eg, doctors, engineers) must also secure a Special Temporary Permit (STP) from the Professional Regulation Commission (PRC). For short-term services, engagements, and special - ised projects, foreign nationals intending to work in the Philippines for six months or less must apply for a Special Work Permit (SWP) with the Bureau of Immi - gration (BI), under BI Order No JHM-2019-008. Nevertheless, certain foreign nationals are exempt from the AEP requirement, such as diplomatic per - sonnel, refugees, and stateless persons recognised by the DOJ, as well as those holding key positions in corporations without direct involvement in manage - ment. Under the Joint Memorandum Circular No 1, series of 2019, nationalised and partially nationalised indus -

The processing of sensitive personal information (eg, health information and government-issued identifiers like social security numbers) and privileged informa - tion (eg, human resources investigations or psycho - logical evaluations) is likewise prohibited when any of the instances under Section 13 of the Act are present. Moreover, Section 20 requires employers to adopt organisational, physical, and technical measures to protect personal information from risks such as unau - thorised access, breaches, or destruction, including the implementation of secure communication chan - nels, proper encryption, and data protection protocols for mobile work settings. As a matter of national policy and under Article 40 of the Philippine Labour Code, the employment of for - eign nationals is restricted when there are competent, able, and willing Filipino workers available to perform the work desired. Section 40 of Republic Act No 7916, or the “Special Economic Zone Act”, provides that the employment of foreign nationals hired by Ecozone enterprises in a supervisory, technical or advisory capacity shall not exceed 5% of its workforce without the express authorisation of the Secretary of Labour and Employ - ment. 4. Foreign Workers 4.1 Limitations on Foreign Workers The employment of foreign workers in nationalised and partially nationalised industries, where foreign equity participation is limited to 40%, is also regulated by the Department of Justice (DOJ). For the practice of professions, Article XII, Section 14 of the 1987 Philippine Constitution provides that the practice of all professions in the Philippines shall be limited to Filipino citizens, unless specified oth - erwise by law. Generally, only foreign nationals from countries with reciprocity agreements are eligible to take licensure exams and practice professions, such as engineering and medicine. However, the practice of law remains reserved exclusively for Filipino citizens.

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