Introduction
The Philippine Department of Labor and Employment (DOLE) has released new rules relating to the employment of foreign nationals. These changes are effective from 10th February 2025 and include additional requirements to the Labor Market Test process, as well as the Understudy Training Program (UTP) and Skills Development Program (STP) being updated.
Impact:
Medium
What has changed?
From 10th February onwards, employers submitting Alien Employment Permit (AEP) applications for the Philippines, must now post the available position on 3 platforms as part of the Labor Market Test. Postings should be within a general circulation newspaper, PhilJobNet (the government job portal) and the Public Employment Service Office or Job Placement Office, and must include key details of the position. When proceeding with the AEP application, this must be submitted at least 15 days after the last vacancy publication but no less than 45 days since the vacancy is published on all 3 platforms. Previously, employers were only required to post the vacancy in a general circulation newspaper, at least 15 days before submission of an AEP application. Furthermore, they were only required to submit a notarised affidavit that no suitable Filipino applicant had applied for the position.
Foreign applicants who are eligible for an exception from the job posting requirement must request a Certificate of Exemption from the DOLE regional office.
The DOLE has also updated the requirements for certain local companies to implement an Understudy Training Program (UTP) or Skills Development Program (SDP) as a requirement for a foreign national AEP application. Impacted employers are required to submit a progress report or completion report on the UTP or SDP to the Department of Labor and Employment Regional Office. They should also nominate two Filipino nationals whose role is next in rank to the foreign national applicant.
Further rules require AEP applicants to submit proof of educational level, work experience, professional licences, and any evidence of any specialised training, which were not previously required. Employers must also notify the DOLE Regional Office issuing the AEP of any change to the foreign national’s status within 10 calendar days of the change.
What to expect /impact?
It is expected that the new rules may lead to longer processing times with more stringent evaluations and additional documents required. As such, employers are advised to start the Labor Market Test and AEP applications early and ensure they have all evidence required to avoid delays and meet the new LMT requirements.
What you need to do:
For further information on Immigration rules in the Philippines, please contact the Sterling Lexicon immigration team at immigration@sterlinglexicon.com.
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