CHAPTER IV

SPECIAL WORKING CONDITIONS

FOR SPECIAL TYPES OF EMPLOYEES
NON- RESIDENT ALIENS
Alien Employment Permit
Non-resident aliens seeking admission to the Philippines for
employment purposes are required to obtain an employment
permit from the Department of Labor and Employment. Article 40
of the Labor Code provides that:
‘’ART. 40. Employment Permit for 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 non- resident alien may personally apply for employment
permit or the prospective employer can apply for the alien
employment permit in behalf of the non-resident alien.
Under what circumstances can the employment
permit be issued?
The employment permit may be issued to a non-resident alien or
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. Article 40 of the Labor Code
provides that:
“ART. 40. Employment Permit for Non-Resident Aliens.- xxx The
employment permit may be issued to a non-resident alien or 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.
How Long is the validity of an Alien
Employment Permit?

The Employment Permit is valid for one(1) year, unless the

employment contract, consultancy services, or other modes of
engagement provides otherwise, which in no case shall exceed
five(5) years. [No. 7, Rule II, Revised Rules for the Issuance of
Employment Permits to Foreign Nationals]
Can a non-resident alien transfer to another job
after the issuance of his Alien Employment
Permit?
A non-resident alien who has been granted an employment
permit cannot transfer to another job without prior approval of
the Secretary of Labor, otherwise, he shall be meted out the
criminal sanctions under Article 293 of the Labor Code plus
deportation, after service of sentence. Article 41 of the Labor Code
provides that:
“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 Article 289 and 290 of the Labor Code.
In addition, the alien shall be subject to deportation after
service of his sentence.”
 Cancellation of Alien Employment Permit
The Alien Employment Permit may be cancelled on the following
grounds:
a) Non-compliance with any of the conditions of the Permit;
b) Misrepresentation of facts in the applications;
c) Submission of falsified or tampered documents;
d) Meritorious objection against the employment of the foreign
national;
e) Derogatory record on the part of the foreign national; and
f) Termination of employment. [Rule IV, Revised Rules for the
Issuance of Employment Permits to Foreign Nationals]
Remedies in Case of Cancellation of Alien
Employment Permit
a) Motion for Reconsideration; or
b) Appeal to the Secretary of Labor and Employment within 10
calendar days.[Rule V, Revised Rules for the Issuance of
Employment Permits to Foreign Nationals (D.O. No. 75-0).
Effect of Cancellation of Alien Employment
Permit
A foreign national whose application for alien employment
permit has been cancelled cannot reapply for employment permit,
unless the ground for cancellation has been corrected.[No.5,Rule
II, Revised Rules for the Issuance of Employment Permits to
Foreign Nationals (D.O. No. 75-0).
Not Required to Get an Alien Employment
Permits
The following are not required to obtain an Alien Employment
Permit;
a) Members of the diplomatic services;
b) Foreign government officials:
• accredited by, and
• with reciprocity arrangement with the Philippine government ;
c) Officers and staff (and their legitimate spouses) of
international organizations of which the Philippine government is
a member;
d) Foreign nationals elected as members of the Governing Board:
• who do not occupy any other position, and
• have only voting rights in the corporation;
e) Owners and representatives of foreign principals:
• whose companies are accredited by the POEA;
• who come to the Philippines for a limited period,
• solely for the purpose of interviewing Filipino applicants for
employment abroad;
f) Foreign nationals who come to the Philippines to teach, present,
or conduct research studies in university and colleges as visiting,
exchange or adjunct professors under formal agreement between
the:
f) Foreign nationals who come to the Philippines to teach, present, or
conduct research studies in university and colleges as visiting,
exchange or adjunct professors under formal agreement between the:
• Philippine universities or colleges and foreign universities or colleges;
or
• Philippine government and foreign government;
• provided that exemption is on a reciprocal basis,
(f) All foreign nationals granted exemption by law.[No. 1, Rule I,
Revised Rules for the Issuance of Employment Permits to Foreign
Nationals (D.O. No. 75-0)
Permanent Resident Aliens Not Required to
Obtain Alien Employment Permit
Permanent resident aliens are not required to get an Alien
Employment Permit. They are required only to obtain an Alien
Employment Registration Certificate from the Regional Office of
the Department of Labor and Employment.
APPRENTICES
DEFINITION OF APPRENTICES
An “apprentices” is a person:
• Undergoing training
• In a highly technical industry,
• For an approved apprenticeable occupation,
• Under a written apprenticeship agreement.
 CAN EVERY EMPLOYER HIRE APPRENTICES?

No. Only employers in highly technical industries may employ

apprentices.[Art. 60, Labor Code]
WHAT IS A HIGHLY TECHNICAL INDUSTRY?

A highly technical industry is a trade, business, enterprise,

industry or other activity which utilizes the application of advance
technology. [Sec. 1(j), Rule VI, Book II, Rules and Regulations
Implementing the Labor Code]
 QUALIFICATIONS OF AN APPRENTICE
a) At least (14) years of age:
b) Ability to comprehend and follow oral and written instruction
c) Vocational aptitude and capacity for appropriate tests; [Art.59,
Labor Code]
d) Physical fitness for the occupation. [Sec. 11, Rule VI, Book II,
Rules Implementing the Labor Code]
In what kind of occupation can apprentices be
employed?

Apprentices can be employed only in

apprenticeable occupations approved by the
TESDA.[Art. 60,Labor Code]
Minimum Compensation of Apprentices

75% of the statutory minimum wage. [Art. 61, Labor Code]

Can an employer hire apprentices without
compensation?

Apprentices may be hired without compensation for

purposes of complying with:

• academic requirements for graduation; or

• government requirements for board examinations.
Article. 72. of the Labor Code expressly provides that:
“ART. 72. Apprenticeship Without Compensation - The
Secretary of Labor may authorize the hiring of apprentices without
compensation whose training on the job is required by the school
or training program curriculum or as a requisite for graduation or
board examination.”
Working Hours of Apprentices
Apprentice Below 15 Years Old, i.e., 14 Years Old –
• Maximum hours of work – 4 hours a day and 20 hours a week;
• Cannot be required to work from 8:00 PM to 6:00 AM.
Apprentice Above 15 Years Old-
• Maximum hours of work- 8 Hours a day and 40 hours a week;
• Cannot be required to work from 10:00 PM to 6:00 AM[Sec.
15,Rules Implementing R.A. 9231].