DOLE Issues New Rules on Issuance of Work Permit to Aliens

The Department of Labor and Employment (DOLE) has recently issued the Department Order N. 248, Series of 2025, laying down the new rules and regulations on securing Alien Employment Permit (AEP) for the employment of foreign nationals in the Philippines. The new guidelines apply to all foreign nationals intending to engage in gainful employment in the Philippines, and to all employers in the Philippines who desire to hire foreign nationals. It aims to streamline the requirements and procedures to reduce red tape and expedite government transactions. 

OTHER SALIENT CHANGES

1. An application for AEP may be filed and processed while the foreign national intended to be hired is still outside the country, provided that no AEP shall be released unless the foreign national has entered the country with the appropriate pre-arranged employment visa or 9(G) or working visa presented to the DOLE Regional Office.
2. A foreign national intended to be hired to any of the corporate officer positions as identified in the company’s Articles of lncorporation, By-laws or General lnformation Sheet (GlS), and as certified by the corporate secretary shall be exempted from the requirement of publication under the immediately preceding section.
3. The effectivity of an employment contract or appointment shall be conditioned on the issuance of an AEP (RII,S3).
4. Employers and foreign nationals covered by shall adopt an Understudy Training Program (UTP) or Skills Development Program (SDP) in line with the policy of promoting human resource development and ensuring effective transfer of skills, knowledge, and technology to Filipinos. 
5. A UTP is either:
   • A training plan of an employer granted fiscal incentives by the Government;
   • Engaged in priority or strategic areas of investments; or
   • Operating a public utility designed to transfer technology or skills possessed by a foreign national to at least two (2) understudies who are regular employees of the employer and who are next-in-rank to such foreign national (UTP) or at least two (2) regular rank-in-file Filipino employees per foreign national employed herein through learning sessions or any similar training modalities.                  
6. The UTP and SDP ensures the transfer of skills and sharing of knowledge between the foreign national and Filipino counterparts.¹

Compliance Requirements

The employer is required to submit a quarterly report of the updated list of its employed foreign nationals within thirty (30) days from the end of each quarter, The employer is also mandated to submit any change in its material information and the foreign national in the application for AEP within ten (10) calendar days from such change. 

Penalties

The concerned DOLE Regional Office shall impose maximum fine in the amount of Ten Thousand Pesos (Php10,000.00) each against the foreign national and employer for every prohibited act committed. 

Further, any employer and foreign national committing the prohibited act of misrepresentation, false statement, tampering, fraud, or other analogous or similar act that constitutes a ground for denial under the law shall be barred from applying for an AEP for ten (10) years.

Balancing of local workforce protection and foreign national employment

The foregoing changes represent a strategic approach to managing the employment of foreign nationals in the Philippines. These measures are designed to achieve a delicate balance between fostering foreign investment and safeguarding the employment opportunities of Filipino workers. However, the successful implementation of these policies will require an effective monitoring system to ensure compliance. The Department of Labor and Employment (DOLE) and other regulatory bodies must engage in continuous oversight to enforce the provisions and prevent abuses or non-compliance. This will ensure that the interests of both the local and foreign sectors are harmonized for long-term national benefit.

Prepared by Reinalyn Domasig.

FOOTNOTES

1. Philippine News Agency, DOLE updates rules on work permit issuance to foreign workers available at https://www.pna.gov.ph/index.php/articles/1242311 (last accessed 06 April 2025).