Philippines Updates Rules for Employment of Foreign Nationals

The Philippines Department of Labor and Employment (DOLE) issued Department Order No. 248, series of 2025 regarding the updated rules for the employment of Foreign Nationals in the Philippines (“New Rules“).

Key Updates

• Period to File Alien Employment Permit (AEP) Application:
  • Previous ruling: File within 10 working days from the contract signing or before employment starts.
  • Updated ruling: File within 15 calendar days from:
    • (a) contract execution between employer and foreign national
    • (b) issuance of appointment to the foreign national.

• Labor Market Test:
  • Previous ruling: Employer publishes job vacancy in a newspaper of general circulation, and DOLE-Regional Offices also post the vacancy for 30 days. They may also check availability of qualified Filipino workers through PhilJobNet and PESO Employment Information System.
  • Updated ruling: Employer publishes job vacancy and foreign national’s name in:
    • Newspaper of general circulation
    • PhilJobNet
    • PESO or Job Placement Office (JPO) in the work area.

• Certificate of Exemption:
  • Previous ruling: Foreign nationals exempted from securing an AEP can request a Certificate of Exemption.
  • Updated ruling: Foreign nationals under specific exemptions must request a Certificate of Exemption if they intend to work in the Philippines.

• Prohibited Acts:
  • Previous ruling: Prohibited acts include:
    • Employment without a valid AEP
    • Expired or fraudulent AEPs
    • Late AEP application (after 10 working days)
  • Updated ruling: Prohibited acts include:
    • Misrepresentation, false statements, fraud, or tampering
    • Grounds for AEP denial or revocation
    • Willful non-compliance with new rules.

• Corporate Officers Exempted from Publication Requirement: Foreign nationals hired for corporate officer roles (as specified in company documents) are exempt from the publication requirement.

• Effectivity of Employment Contract Linked to AEP: Employment contract or appointment becomes effective only after AEP is issued by DOLE.

• AEP Application While Outside the Country: AEP application can be processed while the foreign national is outside the country. However, AEP will only be issued once the foreign national arrives with the proper visa. This is an ongoing development as this has to be aligned with the rulings of the Philippine Bureau of Immigration which requires the issuance of Alien Employment Permit (AEP) Card as a requirement for submission of a working visa application.

• Skills Development Program / Understudy Training Program:
  • Skills Development Program: Employer training plan to transfer skills from a foreign national to at least two regular Filipino employees. This applies to employers with government fiscal incentives, involved in strategic sectors, or operating public utilities.
  • Understudy Training Program: Employer training plan where a foreign national trains at least two understudies (regular employees) who are next-in-rank to the foreign national. This applies to employers with fiscal incentives, in strategic sectors, or operating public utilities.

Erickson Insights & Analysis

Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.