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EMPLOYMENT OF ALIENS

Constitution, Article XII

Sec. 12. The State shall


promote the preferential
use of Filipino labor
domestic materials and
locally produced goods,
and adopt measures that
help make them more
competitive.
Why Cone and Black are/
were in the PBA?

*Photo from spin.ph


Article 40 of the Labor Code which states that working permits can only
be issued "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.”

Upon satisfaction of the foregoing requisite, the foreign national must


apply for an AEP.

AEP shall be valid for 1 year unless the employment contract,


consultancy services, or other modes of engagement provides
otherwise, which in no case shall exceed 5 years .

** Immigrants and resident aliens are not required to secure a working


permit. They are required to secure their Alien Employment
Registration Certificate (AERC) (Almodiel v. NLRC, GR No. 100641,
June 14, 1993).
The following categories of aliens are exempt from securing AEP:

1.All members of the Diplomatic service and foreign government officials


accredited by and with reciprocity arrangement with the Philippine
government;
2.Officers and staff of International organizations of which the Philippines is a
member, and their legitimate spouses desiring to work in the Philippines;
3.Foreign nationals elected as members of the Governing Board who do not
occupy any other position, but have only voting rights in the corporation;
4.All foreign nationals granted exemption by Law;
5.Owners and representatives of foreign nationals whose companies are
Accredited by the POEA who come to the Philippines for a limited period and
solely for the purpose of interviewing Filipino applicants for employment
abroad;
6.Foreign nationals who come to the Philippines to Teach, present and/or
conduct research studies in universities and colleges as visiting, exchange or
adjunct professors under formal agreements between the universities or
colleges in the Philippines and foreign universities or colleges; or between
the Philippine government and foreign government; provided that the
exemption is on a reciprocal basis; and
7.Resident foreign nationals (Dept. Order No.75-06, May 31, 2006).
Rule on Nationalized Businesses

General Rule: Foreigners may NOT be employed in certain nationalized


business.

Section 2-A of the Anti-Dummy Law prohibits the employment of aliens in


entities engaged in business whose exercise or enjoyment is reserved only
to Filipinos or to corporations or associations whose capital should be at
least 60% Filipino-owned.

Exceptions:
1. Where the Secretary of Justice specifically authorizes the employment
of technical personnel;
2. Aliens who are members of the Board of directors of corporations in
proportion to their allowable participation in the capital of such entities
(DOJ Opinion No.143, s. 1976); and
3. Enterprises registered under the Omnibus Investment Code in case of
technical, supervisory or advisory positions, but for a limited period.
CASES:

Almodiel v.NLRC, June 14, 1993

General Milling Corp. v. Hon. Torres, April 22, 1991

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