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DOLE Updates Guidelines for Hiring Foreign Nationals in the Philippines

On January 21, 2025, the Department of Labor and Employment (DOLE) released Department Order No. 248, Series of 2025, titled the “Revised Rules and Regulations Governing the Employment of Foreign Nationals in the Philippines.” This order establishes updated guidelines to regulate the employment of foreign workers in the country.

The new rules will become effective fifteen (15) days after their publication in the Official Gazette or a newspaper of general circulation. As of now, the order has not yet been published in either platform.

These regulations aim to provide clearer and more streamlined processes for hiring foreign nationals while ensuring compliance with Philippine labor laws. Further details will be available once the order is officially published.

Corporate officers are not subject to the publication requirement.

Key takeaways from the old news rules (DOLE Department Order No. 221, series of 2021)

Period to file an Alien Employment Permit (AEP) application
Old Rules New Rules
Within ten (10) working days from date of signing of the contract or prior to the commencement of employment
Within fifteen (15) calendar days from: (a) the execution of the contract of employment between the employer and the foreign national; or (b) the issuance of an appointment by the former to the latter

Labor Market Test

Old Rules New Rules
The employer shall cause the publication of the job vacancy being applied for by the foreign national in a newspaper of general circulation.The DOLE-Regional Offices shall also publish and post in their website new AEP applications and have the same posted in the Public Employment Service Office (PESO) job boards for a period of thirty (30) days.The DOLE-Regional Office may also refer to the DOLE’S PhilJobNet and PESO Employment Information System (PEIS) to establish the availability or non-availability of able and qualified Filipino workers.
The employer shall cause the publication of the vacant position to be filled up and the name of the foreign national it intends to hire, in:A newspaper of general circulationThe PhilJobnetThe Public Employment Service Office (PESO) or Job Placement Office (JPO) having jurisdiction over the intended place of work.

Certificate of Exemption

Old Rules New Rules
All foreign nationals exempted from securing an AEP may request for a Certificate of Exemption.
A foreign national falling under any of the exemptions in Section 1, Rule V of the New Rules who intends to be employed in the Philippines shall request a Certificate of Exemption.

Prohibited Acts

Corporate officers are not subject to the publication requirement.

Old Rules New Rules
Entering into an employment contract with an invalid and/or expired AEPEmploying/hiring foreign nationals without a valid AEP; or possessing fraudulent or expired AEPApplication for AEP filed beyond ten (10) working days after the date of signing of contract or after commencement of employmentOther circumstances analogous to the foregoing
Any act of misrepresentation, false statement, tampering, fraud or other analogous or similar act that constitutes a ground for denial of an application for an AEP under Section 10 a) and b), Rule II of the New RulesAny act that constitutes a ground for revocation of an AEP under Section 3, paragraphs a), b), c) and e) of Rule IV of the New RulesDeliberate or willful disregard or non-compliance with any of the provisions of the New Rules.

Under the recently issued Department Order No. 248, Series of 2025, by the Department of Labor and Employment (DOLE), foreign nationals appointed to corporate officer positions specified in a company’s Articles of Incorporation, By-laws, or General Information Sheet (GIS), and certified by the corporate secretary, are exempt from the publication requirement outlined in Section 1, Rule II of the new regulations.

Effectivity of the employment contract conditioned on the issuance of an AEP

According to the Department of Labor and Employment’s (DOLE) Department Order No. 248, Series of 2025, the effectiveness of an employment contract or appointment for a foreign national is contingent upon the issuance of an Alien Employment Permit (AEP) by the DOLE. This means that the employment contract becomes valid only after the DOLE grants the AEP to the foreign national.

An AEP application may be submitted while the foreign national is not yet in the Philippines.

An AEP application may be filed and processed while the prospective foreign employee is still outside the country. However, the AEP will only be issued once the foreign national has entered the Philippines with the appropriate pre-arranged employment visa or 9(G) working visa, which must be presented to the DOLE Regional Office.

Skills Development and Understudy Training Program

A Skills Development Program is a training initiative implemented by an employer that: (a) receives fiscal incentives from the government, (b) operates in priority or strategic investment sectors, or (c) manages a public utility. This program facilitates the transfer of technology or specialized skills from a foreign national to at least two (2) regular rank-and-file Filipino employees through learning sessions or similar training methods.

An Understudy Training Program follows the same criteria but focuses on preparing employees who are next in line for the foreign national’s role. Under this program, the foreign national must mentor at least two (2) regular employees designated as understudies.

You can access a copy of DOLE Department Order No. 248, Series of 2025 by clicking the link below:

DOLE Department Order No. 248-25 – New Rules and Regulations on the Employment of Foreign Nationals in the Philippines

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Kyle Andrew Barbasa

Junior Marketing Associate

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