When is Illegal Recruitment deemed committed by a
Illegal Recruitment – Local
Article 38, Labor Code.
Art. 38. Illegal recruitment. - Any recruitment activities,
including the prohibited practices enumerated under
Article 34 of this Code, to be undertaken by non-
licensees or non-holders of authority, shall be deemed
illegal and punishable under Article 39 of this Code. The
Department of Labor and Employment or any law
enforcement officer may initiate complaints under this
Article.
Illegal recruitment when committed by a syndicate or in
large scale shall be considered an offense involving
economic sabotage and shall be penalized in accordance
with Article 39 hereof.
Illegal recruitment is deemed committed by a syndicate
if carried out by a group of three (3) or more persons
conspiring and/or confederating with one another in
carrying out any unlawful or illegal transaction,
enterprise or scheme defined under the first paragraph
hereof. Illegal recruitment is deemed committed in large
scale if committed against three (3) or more persons
individually or as a group.
The Secretary of Labor and Employment or his duly
authorized representatives shall have the power to cause
the arrest and detention of such non-licensee or non-
holder of authority if after investigation it is determined
that his activities constitute a danger to national security
and public order or will lead to further exploitation of
job-seekers. The Secretary shall order the search of the
office or premises and seizure of documents,
paraphernalia, properties and other implements used in
illegal recruitment activities and the closure of
companies, establishments and entities found to be
engaged in the recruitment of workers for overseas
employment, without having been licensed or
authorized to do so.
What is Illegal Recruitment?
- Any recruitment activities, including the prohibited
practices enumerated under Article 34 of this Code, to be
undertaken by non-licensees or non-holders of
authority, shall be deemed illegal and punishable under
Article 39 of this Code.
Who has the authority to initiate complaints for Illegal
recruitment?
The Department of Labor and Employment or any law
enforcement officer may initiate complaints under this
Article.
syndicate?
Illegal recruitment is deemed committed by a syndicate
if carried out by a group of three (3) or more persons
conspiring and/or confederating with one another in
carrying out any unlawful or illegal transaction,
enterprise or scheme.
When is Illegal Recruitment committed in large scale?
Illegal recruitment is deemed committed in large scale if
committed against three (3) or more persons
individually or as a group.
What is the Role of the Secretary of Labor in Illegal
Recruitment?
1. The Secretary of Labor and Employment or his
duly authorized representatives shall have the
power
2. to cause the arrest and detention of such non-
licensee or non-holder of authority if after
investigation it is determined that his activities
constitute a danger to national security and
public order or will lead to further exploitation
of job-seekers.
3. The Secretary shall order
a. the search of the office or premises and
b. seizure of documents, paraphernalia,
properties and other implements used
in illegal recruitment activities and the
c. closure of companies, establishments
and entities found to be engaged in the
recruitment of workers for overseas
employment, without having been
licensed or authorized to do so.
Art. 39. Penalties. Was amended by Section 7 of RA 8042
and Section 6 of RA 1022
"SEC. 7. Penalties. -
"(a) Any person found guilty of illegal recruitment shall
suffer the penalty of imprisonment of not less than
twelve (12) years and one (1) day but not more than
twenty (20) years and a fine of not less than One million
pesos (P1,000,000.00) nor more than Two million pesos
(P2,000,000.00).
"(b) The penalty of life imprisonment and a fine of not
less than Two million pesos (P2,000,000.00) nor more
than Five million pesos (P5,000,000.00) shall be imposed
if illegal recruitment constitutes economic sabotage as
defined therein.
"Provided, however, That the maximum penalty shall be
imposed if the person illegally recruited is less than
eighteen (18) years of age or committed by a non-
licensee or non-holder of authority.
"(c) Any person found guilty of any of the prohibited
acts shall suffer the penalty of imprisonment of not less
than six (6) years and one (1) day but not more than
twelve (12) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) nor more than
One million pesos (P1,000,000.00).
"If the offender is an alien, he or she shall, in addition to
the penalties herein prescribed, be deported without
further proceedings.
"In every case, conviction shall cause and carry the
automatic revocation of the license or registration of
the recruitment/manning agency, lending institutions,
training school or medical clinic."
e. To influence or attempt to influence any person or
entity not to employ any worker who has not applied
for employment through his agency;
f. To engage in the recruitment or placement of workers
in jobs harmful to public health or morality or to the
dignity of the Republic of the Philippines;
g. To obstruct or attempt to obstruct inspection by the
Secretary or by his/her duly authorized representatives;
h. To substitute or alter to the prejudice of the worker,
employment contract prescribed by the Department
from the time of actual signing thereof by the parties up
to and including the period of the expiration of the same
without the approval of the Department.

Section 42. DOLE DO 141-14 – Local Grounds for

Illegal Recruitment;
Section 42. Acts constituting illegal recruitment. –
Illegal recruitment shall mean any act of canvassing,
enlisting, contracting, utilizing, hiring or procuring
workers and includes referrals, contract services,
promising or advertising for local employment, whether
for profit or not, when undertaken by a non-licensee or
non-holder of authority; provided, that any such non-
licensee or non-holder of authority who, in any manner,
offer or promises for a fee employment to two or more
persons shall be deemed so engaged.

The following acts shall be unlawful when committed by

any person whether or not a holder of a license or
authority:

a. To charge or accept directly or indirectly any amount

or to make a worker pay the agency or its
representatives any amount greater than that actually
loaned or advanced to him;

b. To furnish or publish any false notice or information

in relation to recruitment or employment;

c. To give any false notice, testimony, information or

document or commit any act of misrepresentation for
the purpose of securing a license or authority;

d. To induce or attempt to induce a worker already

employed to quit his employment in order to offer him
another unless the transfer is designed to liberate a
worker from oppressive terms and conditions of
employment;
Illegal Recruitment-Overseas
RA 8042 Amended by RA 10022
II. ILLEGAL RECRUITMENT
SEC. 6. Definition. - For purposes of this Act, illegal
recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, or procuring
workers and includes referring, contract services,
promising or advertising for employment abroad,
whether for profit or not, when undertaken by non-
licensee or non-holder of authority contemplated under
Article 13(f) of Presidential Decree No. 442, as amended,
otherwise known as the Labor Code of the Philippines:
Provided, That any such non-licensee or non-holder
who, in any manner, offers or promises for a fee
employment abroad to two or more persons shall be
deemed so engaged. It shall likewise include the
following acts, whether committed by any person,
whether a non-licensee, non-holder, licensee or holder of
authority:
"(a) To charge or accept directly or indirectly any
amount greater than that specified in the schedule of
allowable fees prescribed by the Secretary of Labor and
Employment, or to make a worker pay or acknowledge
any amount greater than that actually received by him
as a loan or advance;
"(b) To furnish or publish any false notice or information
or document in relation to recruitment or employment;
"(c) To give any false notice, testimony, information or
document or commit any act of misrepresentation for
the purpose of securing a license or authority under the
Labor Code, or for the purpose of documenting hired
workers with the POEA, which include the act of
reprocessing workers through a job order that pertains
to nonexistent work, work different from the actual
overseas work, or work with a different employer
whether registered or not with the POEA;
"(d) To include or attempt to induce a worker already
employed to quit his employment in order to offer him
another unless the transfer is designed to liberate a
worker from oppressive terms and conditions of
employment;
"(e) To influence or attempt to influence any person or
entity not to employ any worker who has not applied for
employment through his agency or who has formed,
joined or supported, or has contacted or is supported by
any union or workers' organization;
"(f) To engage in the recruitment or placement of
workers in jobs harmful to public health or morality or
to the dignity of the Republic of the Philippines;
"(h) To fail to submit reports on the status of
employment, placement vacancies, remittance of foreign
exchange earnings, separation from jobs, departures and
such other matters or information as may be required by
the Secretary of Labor and Employment;
"(i) To substitute or alter to the prejudice of the worker,
employment contracts approved and verified by the
Department of Labor and Employment from the time of
actual signing thereof by the parties up to and including
the period of the expiration of the same without the
approval of the Department of Labor and Employment;
"(j) For an officer or agent of a recruitment or placement
agency to become an officer or member of the Board of
any corporation engaged in travel agency or to be
engaged directly or indirectly in the management of
travel agency;
"(k) To withhold or deny travel documents from
applicant workers before departure for monetary or
financial considerations, or for any other reasons, other
than those authorized under the Labor Code and its
implementing rules and regulations;
"(l) Failure to actually deploy a contracted worker
without valid reason as determined by the Department
of Labor and Employment;
"(m) Failure to reimburse expenses incurred by the
worker in connection with his documentation and
processing for purposes of deployment, in cases where
the deployment does not actually take place without the
worker's fault. Illegal recruitment when committed by a
syndicate or in large scale shall be considered an offense
involving economic sabotage; and
"(n) To allow a non-Filipino citizen to head or manage a
licensed recruitment/manning agency.
"Illegal recruitment is deemed committed by a syndicate
if carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is
deemed committed in large scale if committed against
three (3) or more persons individually or as a group.
"In addition to the acts enumerated above, it shall also
be unlawful for any person or entity to commit the
following prohibited acts:
"(1) Grant a loan to an overseas Filipino worker with
interest exceeding eight percent (8%) per annum, which
will be used for payment of legal and allowable
placement fees and make the migrant worker issue,
either personally or through a guarantor or
accommodation party, postdated checks in relation to
the said loan;
"(2) Impose a compulsory and exclusive arrangement
whereby an overseas Filipino worker is required to avail
of a loan only from specifically designated institutions,
entities or persons;
"(3) Refuse to condone or renegotiate a loan incurred by
an overseas Filipino worker after the latter's
employment contract has been prematurely terminated
through no fault of his or her own;
branch of the POEA and, in certain cases, allow the
POEA lawyers to take the lead in the prosecution. The
POEA lawyers who act as prosecutors in such cases shall
be entitled to receive additional allowances as may be
determined by the POEA Administrator.
"The filing of an offense punishable under this Act shall
be without prejudice to the filing of cases punishable
under other existing laws, rules or regulations.”

"(4) Impose a compulsory and exclusive arrangement

whereby an overseas Filipino worker is required to
undergo health examinations only from specifically
designated medical clinics, institutions, entities or
persons, except in the case of a seafarer whose medical
examination cost is shouldered by the
principal/shipowner;

"(5) Impose a compulsory and exclusive arrangement

whereby an overseas Filipino worker is required to
undergo training, seminar, instruction or schooling of
any kind only from specifically designated institutions,
entities or persons, except fpr recommendatory trainings
mandated by principals/shipowners where the latter
shoulder the cost of such trainings;

"(6) For a suspended recruitment/manning agency to

engage in any kind of recruitment activity including the
processing of pending workers' applications; and

"(7) For a recruitment/manning agency or a foreign

principal/employer to pass on the overseas Filipino
worker or deduct from his or her salary the payment of
the cost of insurance fees, premium or other insurance
related charges, as provided under the compulsory
worker's insurance coverage.

"The persons criminally liable for the above offenses are

the principals, accomplices and accessories. In case of
juridical persons, the officers having ownership, control,
management or direction of their business who are
responsible for the commission of the offense and the
responsible employees/agents thereof shall be liable.

"In the filing of cases for illegal recruitment or any of the

prohibited acts under this section, the Secretary of Labor
and Employment, the POEA Administrator or their duly
authorized representatives, or any aggrieved person
may initiate the corresponding criminal action with the
appropriate office. For this purpose, the affidavits and
testimonies of operatives or personnel from the
Department of Labor and Employment, POEA and other
law enforcement agencies who witnessed the acts
constituting the offense shall be sufficient to prosecute
the accused.

"In the prosecution of offenses punishable under this

section, the public prosecutors of the Department of
Justice shall collaborate with the anti-illegal recruitment
SEC. 7. Penalties. -
"(a) Any person found guilty of illegal recruitment shall
suffer the penalty of imprisonment of not less than
twelve (12) years and one (1) day but not more than
twenty (20) years and a fine of not less than One million
pesos (P1,000,000.00) nor more than Two million pesos
(P2,000,000.00).
(not amended) SEC. 12. PRESCRIPTIVE PERIODS. -
Illegal recruitment cases under this Act shall prescribe in
five (5) years: Provided, however, That illegal
recruitment cases involving economic sabotage as
defined herein shall prescribe in twenty (20) years.

"(b) The penalty of life imprisonment and a fine of not

less than Two million pesos (P2,000,000.00) nor more
than Five million pesos (P5,000,000.00) shall be imposed
if illegal recruitment constitutes economic sabotage as
defined therein.

"Provided, however, That the maximum penalty shall be

imposed if the person illegally recruited is less than
eighteen (18) years of age or committed by a non-
licensee or non-holder of authority.

"(c) Any person found guilty of any of the prohibited

acts shall suffer the penalty of imprisonment of not less
than six (6) years and one (1) day but not more than
twelve (12) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) nor more than
One million pesos (P1,000,000.00).

"If the offender is an alien, he or she shall, in addition to

the penalties herein prescribed, be deported without
further proceedings.

"In every case, conviction shall cause and carry the

automatic revocation of the license or registration of the
recruitment/manning agency, lending institutions,
training school or medical clinic.

Acts Constituting Illegal
Recruitment: Sea Farers
RULE X Legal Assistance and Enforcement Measures
SECTION 72. Acts Constituting Illegal Recruitment.
— Illegal Recruitment shall mean any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring or
procuring seafarers and includes referrals, contract
services, promising or advertising for employment
abroad, whether for profit or not, when undertaken by a
non-licensee or non-holder of authority; provided, that
any such non-licensee or non-holder who, in any
manner, offer or promises for a fee employment abroad
to two or more persons shall be deemed so engaged.
It shall likewise include the following prohibited acts
committed by any person whether or not a holder of a
license or authority:
a. To charge or accept directly or indirectly any amount
of money, goods or services, or any fee or bond for any
purpose from an applicant seafarer;
b. To furnish or publish any false notice or information
or document in relation to recruitment or employment;
c. To give any false notice, testimony, information or
document or commit any act of misrepresentation for
the purpose of securing a license or authority under the
Labor Code;
d. To give any false notice, testimony, information or
document or commit any act of misrepresentation for
the purpose of documenting hired seafarers with the
POEA, which include the act of reprocessing seafarers
through a crew request that pertains to non-existent
work, or work with a different ship whether or not
accredited with the POEA;
e. To induce or attempt to induce a seafarer already
employed to quit his employment in order to offer him
another unless the transfer is designed to liberate a
seafarer from oppressive terms and conditions of
employment;
f. To influence or attempt to influence any person or
entity not to employ any seafarer who has not applied
for employment through his agency or who has formed,
joined or supported, or has contacted or is supported by
any union or seafarers’ organization;
g. To engage in the recruitment or placement of seafarers
in jobs harmful to public health or morality or to the
dignity of the Republic of the Philippines as may be
prohibited by law or duly constituted authority;
h. To obstruct or attempt to obstruct inspection by the
Secretary or by his/her duly authorized representative;
i. To fail to submit reports on the status of employment,
remittance of foreign exchange earnings, separation
from jobs, departures and such other matters or
information as may be required by the Secretary under
penalty of law;
j. To substitute or alter to the prejudice of the seafarer,
employment contract approved and verified by the
Administration from the time of actual signing thereof
by the parties up to and including the period of the
expiration of the same without the approval of the
Administration;
k. For an officer or agent of a recruitment or placement
agency to become an officer or member of the Board of
any corporation engaged in travel agency or to be
engaged directly or indirectly in the management of a
travel agency;
l. To withhold or deny travel documents from applicant
seafarers before departure for monetary or financial
considerations, or for any other reasons, other than those
authorized under existing laws;
m. To fail to actually deploy a contracted seafarer
without valid reason as determined by the
Administration;
n. To fail to reimburse expenses incurred by the seafarer
in connection with his/her processing for purposes of
deployment, in cases where the deployment does not
actually take place without the seafarer's fault;
o. To allow a non-Filipino citizen to head or manage a
manning agency;
p. To impose a compulsory and exclusive arrangement
whereby a seafarer is required to avail of a loan only
from specifically designated institutions, entities or
persons;
q. To impose a compulsory and exclusive arrangement
whereby the Filipino seafarer is required to undergo
health examinations only from specifically designated
medical clinics, institutions, entities or persons, except in
the case of a seafarer whose medical examination cost is
shouldered by the principal/employer;
r. To impose compulsory and exclusive arrangement
whereby the Filipino seafarer is required to undergo
training, seminar, instruction or schooling of any kind
only from specifically designated institutions, entities or
persons, except for recommendatory trainings mandated
by principal/employer where the latter shoulder the
cost of such trainings;

s. For a suspended manning agency to engage in any

kind of recruitment activity including the processing of
pending seafarers’ applications;

t. For a licensed manning agency or a

principal/employer to pass-on to the Filipino seafarer or
deduct from his/her salary the payment of the cost of
insurance fees, premium or other insurance related
charges, as provided under the compulsory seafarer’s
insurance coverage;
 employment through his/her agency or who has
Acts Constituting Illegal formed, joined or supported, or has contacted or is
Recruitment: Land Based supported by any union or workers’ organization;

g. To engage in the recruitment or placement of workers

RULE XI Legal Assistance and Enforcement Measures
in jobs harmful to public health or morality or to the
dignity of the Republic of the Philippines as may be
SECTION 76. Acts Constituting Illegal Recruitment.
prohibited by law or duly constituted authority;
— Illegal Recruitment shall mean any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring or
h. To obstruct or attempt to obstruct inspection by the
procuring workers and includes referrals, contract
Secretary or by his/her duly authorized representative;
services, promising or advertising for employment
abroad, whether for profit or not, when undertaken by a
i. To fail to submit reports on the status of employment,
non-licensee or non-holder of authority contemplated
placement vacancies, remittance of foreign exchange
under Article 13(f) of Presidential Decree No. 442, as
earnings, separation from jobs, departures and such
amended, otherwise known as the Labor Code of the
other matters or information as may be required by the
Philippines: Provided, that any such non-licensee or
Secretary under penalty of law;
non-holder who, in any manner, offers or promises for a
fee employment abroad to two or more persons shall be
j. To substitute or alter to the prejudice of the worker,
deemed so engaged.
employment contract approved and verified by the
DOLE from the time of actual signing thereof by the
It shall likewise include the following prohibited acts
parties up to and including the period of the expiration
committed by any person whether or not a licensee or a
of the same without the approval of the DOLE;
holder of authority:

k. For an officer or agent of a recruitment or placement

a. To charge or accept directly or indirectly any amount
agency to become an officer or member of the Board of
greater than that specified in the schedule of allowable
any corporation engaged in travel agency or insurance
fees prescribed by the Secretary or to make a worker pay
agency or to be engaged directly or indirectly in the
the recruiter or its agents or acknowledge any amount
management of a travel agency or insurance agency;
greater than that actually loaned or advanced to him;

l. To withhold or deny travel documents from applicant

b. To furnish or publish any false notice or information
workers before departure for monetary or financial
or document in relation to recruitment or employment;
considerations, or for any other reasons, other than those
authorized under the Labor Code and its implementing
c. To give any false notice, testimony, information or
rules and regulations;
document or commit any act of misrepresentation for
the purpose of securing a license or authority under the
m. To fail to actually deploy a contracted worker
Labor Code;
without valid reason as determined by the DOLE;
d. To give any false notice, testimony, information or
n. To fail to reimburse expenses incurred by the worker
document or commit any act of misrepresentation for
in connection with his/her documentation and
the purpose of documenting hired workers with the
processing for purposes of deployment, in cases where
POEA, which include the act of reprocessing workers
the deployment does not actually take place without the
through a job order that pertains to non-existent work,
worker's fault;
work different from the actual overseas work, or work
with a different employer whether registered or not with
o. To allow a non-Filipino citizen to head or manage a
the POEA;
recruitment agency;
e. To induce or attempt to induce a worker already
employed to quit his/her employment in order to offer p. To arrange, facilitate or grant a loan to an Overseas
him another unless the transfer is designed to liberate a Filipino Worker with interest exceeding eight percent
worker from oppressive terms and conditions of (8%) per annum, which will be used for payment of legal
employment; and allowable placement fees and make the migrant
worker issue, either personally or through a guarantor
f. To influence or attempt to influence any person or or accommodation party, postdated checks in relation to
entity not to employ any worker who has not applied for the said loan;
 q. To impose a compulsory and exclusive arrangement
whereby an Overseas Filipino Worker is required to
avail of a loan only from specifically designated
institutions, entities or persons;

r. To refuse to condone or renegotiate a loan incurred by

an Overseas Filipino Worker after the latter’s
employment contract has been prematurely terminated
through no fault of his/her own;

s. To impose a compulsory and exclusive arrangement

whereby an Overseas Filipino Worker is required to
undergo health examinations only from specifically
designated medical clinics, institutions, entities or
persons, except in the case of a worker whose medical
examination cost is shouldered by the principal;

t. To impose a compulsory and exclusive arrangement

whereby an Overseas Filipino Worker is required to
undergo training, seminar, instruction or schooling of
any kind only from specifically designated institutions,
entities or persons, except for recommendatory trainings
mandated by principals where the latter shoulder the
cost of such trainings;

u. For a suspended recruitment agency to engage in any

kind of recruitment activity including the processing of
pending workers’ applications; and

v. For a recruitment agency or a foreign

principal/employer to pass on to the Overseas Filipino
Worker or deduct from his/her salary the payment of
the cost of insurance fees, premium or other insurance
related charges, as provided under the compulsory
worker’s insurance coverage.
Employment of Non-Resident
Aliens
Title II
EMPLOYMENT OF NON-RESIDENT ALIENS

Art. 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.

Art. 41. Prohibition against transfer of employment.

a. After the issuance of an employment permit, the

alien shall not transfer to another job or change
his employer without prior approval of the
Secretary of Labor.
 
b. Any non-resident alien who shall take up
employment in violation of the provision of this
Title and its implementing rules and regulations
shall be punished in accordance with the
provisions of Articles 289 and 290 of the Labor
Code.
 
In addition, the alien worker shall be subject to
deportation after service of his sentence.

Art. 42. Submission of list. Any employer employing

non-resident foreign nationals on the effective date of
this Code shall submit a list of such nationals to the
Secretary of Labor within thirty (30) days after such date
indicating their names, citizenship, foreign and local
addresses, nature of employment and status of stay in
the country. The Secretary of Labor shall then determine
if they are entitled to an employment permit.
Book I Rule XIV Section 5
RULE XIV Employment of Aliens
SECTION 1. Coverage. — This Rule shall apply to all
aliens employed or seeking employment in the
Philippines, and their present or prospective employers.
SECTION 2. Submission of list. — All employers
employing foreign nationals, whether resident or
nonresident shall submit a list of such nationals to the
Bureau indicating their names, citizenship, foreign and
local addresses; nature of employment and status of stay
in the Philippines.
SECTION 3. Registration of resident aliens. — All
employed resident aliens shall register with the Bureau
under such guidelines as may be issued by it.
SECTION 4. Employment permit required for entry. —
No alien seeking employment, whether on resident or
non-resident status, may enter the Philippines without
first securing an employment permit from the
Department of Labor and Employment. If an alien enters
the country under a non-working visa and wishes to be
employed thereafter, he may only be allowed to be
employed upon presentation of a duly approved
employment permit.
SECTION 5. Requirements for employment permit
application. — The application for an employment
permit shall be accompanied by the following:
(a) Curriculum vitae duly signed by the applicant
indicating his educational background, his work
experience and other data showing that he possesses
high technical skills in his trade or profession;
(b) Contract of employment between the employer and
the principal which shall embody the following, among
others:
(1) That the non-resident alien worker shall comply with
all applicable laws and rules and regulations of the
Philippines;
(2) That the non-resident alien worker and the employer
shall bind themselves to train at least two (2) Filipino
understudies for a period to be determined by the
Secretary of Labor and Employment; and
(3) That he shall not engage in any gainful employment
other than that for which he was issued a permit.
(c) A designation by the employer of at least two (2)
understudies for every alien worker. Such understudies
must be the most ranking regular employees in the
section or department for which the expatriates are
being hired to ensure the actual transfer of technology.
SECTION 6. Issuances of employment permit. — The
Secretary of Labor and Employment may issue an
employment permit to the applicant based on: \
a) Compliance by the applicant and his employer with
the requirements of Section 2 hereof;
b) Report of the Bureau Director as to the availability or
non-availability of any person in the Philippines who is
competent, able, and willing to do the job for which the
services of the applicant are desired;
c) His assessment as to whether or not the employment
of the applicant will redound to the national interest;
d) Admissibility of the alien as certified by the
Commission on Immigration and Deportation;
e) The recommendation of the Board of Investments or
other appropriate government agencies if the
applicant will be employed in preferred areas of
investments or in accordance with imperatives of
economic developments; and
f) Payments of a P100.00 fee.
SECTION 7. Duration of employment permit. —
Subject to renewal upon showing of good cause, the
employment permit shall be valid for a minimum period
of one (1) year starting from the date of its issuance
unless sooner revoked by the Secretary of Labor and
Employment for violation of any provisions of the Code
or of these Rules.
SECTION 8. Advice to Commission on Immigration
and Deportation. — The Bureau shall advice the
Commission on Immigration and Deportation on the
issuance of an employment permit to an applicant.
SECTION 9. Understudy Training Program. — The
employer shall submit a training program for his
understudies to the Bureau within thirty (30) days upon
arrival of the alien workers. The supervision of the
training program shall be the responsibility of the
Bureau and shall be in accordance with standards
established by the Secretary of Labor and Employment.