Work Permit for Foreign Workers in the Philippines: DOLE Requirements

Foreign nationals who intend to work in the Philippines generally need an employment permit issued by the Department of Labor and Employment (DOLE). Under Article 39 of the Labor Code of the Philippines, any alien seeking admission to the country for employment purposes — and any domestic or foreign employer who wants to engage an alien for employment in the Philippines — must obtain an employment permit from the Department of Labor. The permit may be issued to the non-resident alien or to the applicant employer, but only after the Department determines that no person in the Philippines is competent, able, and willing at the time of application to perform the services for which the alien is desired.

Who must secure a DOLE employment permit

Article 39 covers two kinds of applicants: the alien who seeks admission to the Philippines for employment, and the employer — whether domestic or foreign — who desires to engage an alien for employment in the Philippines. Either may apply for the permit.

The law uses the term "non-resident alien." The Omnibus Rules Implementing the Labor Code define this as any alien already in the Philippines or seeking admission to the Philippines to obtain employment in any public or private enterprise. The same Rules define an "employment permit" as the authority issued by the Secretary of Labor and Employment to a non-resident alien to work in the Philippines, or to an employer engaged in business in the Philippines to employ such alien.

The labor market test

Before a permit is issued, the Department of Labor must determine that no person in the Philippines is competent, able, and willing at the time of application to perform the services for which the alien is desired. This is the core safeguard of Article 39: the position is opened to a foreign national only when local talent is unavailable.

For an enterprise registered in preferred areas of investments, Article 39 provides that the employment permit may be issued upon the recommendation of the government agency charged with the supervision of the registered enterprise.

Can a foreign worker change jobs or employers?

Not without approval. Under Article 40 of the Labor Code, after the issuance of an employment permit, the alien shall not transfer to another job or change his employer without the prior approval of the Secretary of Labor. A foreign worker who wishes to move to a different role or company must first secure that approval.

What employers of existing foreign nationals must do

Article 41 of the Labor Code requires any employer employing non-resident foreign nationals on the effectivity date of the Code to submit a list of such nationals to the Secretary of Labor within thirty (30) days, indicating their names, citizenship, foreign and local addresses, nature of employment, and status of stay in the country. The Secretary then determines whether they are entitled to an employment permit.

How the application generally proceeds

The Labor Code establishes the employment permit requirement and the standards for issuance, but the detailed filing steps and documentary requirements are set by the Department of Labor in its implementing rules and regulations. Under Article 5 of the Labor Code, the Department and other agencies charged with administering the Code promulgate the necessary implementing rules, which take effect fifteen (15) days after announcement of their adoption in newspapers of general circulation.

In practice, an employer or foreign national preparing an application should expect to establish the identity and qualifications of the alien, the nature of the position, and the unavailability of a competent, able, and willing person in the Philippines. Because the specific forms and clearances are prescribed by DOLE issuances rather than by the Labor Code itself, the exact checklist should be confirmed with the Department or with counsel at the time of filing.

Other permits may still be required

A DOLE employment permit addresses the labor-side requirement to work. Immigration requirements are separate. Under Commonwealth Act No. 613, the Philippine Immigration Act of 1940, aliens seeking admission are classified either as nonimmigrants or immigrants, and each category carries its own documentary requirements — generally an unexpired passport or travel document and a valid visa. An alien coming to prearranged employment may fall under the immigrant category described in Section 13(a) of that Act, which references authorization for the issuance of a visa upon a showing that no person can be found in the Philippines willing and competent to perform the labor or service for which the immigrant is desired.

The practical consequence: a foreign worker should not assume that a single permit covers everything. The DOLE employment permit and the immigration documents serve different purposes and are issued by different agencies.

Frequently asked questions

Does a foreign worker need a work permit from DOLE in the Philippines? Yes. Under Article 39 of the Labor Code, an alien seeking admission to the Philippines for employment, or an employer wanting to engage an alien, must obtain an employment permit from the Department of Labor. It may be issued only after a determination that no competent, able, and willing person in the Philippines is available to perform the services.

Can a foreign worker change employer after getting a permit? No, not without approval. Article 40 of the Labor Code states that after the employment permit is issued, the alien shall not transfer to another job or change employer without the prior approval of the Secretary of Labor.

Who can apply for the employment permit — the foreign worker or the company? Either. Article 39 allows the permit to be issued to the non-resident alien or to the applicant employer.

Practical takeaways

• A DOLE employment permit is mandatory for aliens working in the Philippines, whether the application is filed by the alien or the employer, under Article 39 of the Labor Code.
• The labor market test applies: the permit issues only upon a determination that no competent, able, and willing person in the Philippines can perform the services at the time of application.
• Changing jobs or employers requires prior approval of the Secretary of Labor under Article 40.
• Employers with existing non-resident foreign nationals must submit the list required by Article 41 within the period stated in the law.
• Immigration documents are separate from the DOLE permit; both requirements should be satisfied.

Primary sources

The rules discussed above are drawn from the following primary sources, as published in the Official Gazette and the national statute book.

• OMNIBUS RULES IMPLEMENTING THE LABOR CODE - OMNIBUS RULES IMPLEMENTING THE LABOR CODE

• Labor Code of the Philippines (Presidential Decree No. 442)

• Commonwealth Act No. 613, August 26, 1940

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.