PHILIPPINES: New Regulations to Protect Local Labour Market

In an effort to protect the local labour market, the Department of Labor and Employment (DOLE) have introduced new immigration regulations stipulating that companies in the Philippines must now train two Filipino nationals for every foreign worker they employ. Since 28th September 2015, employers hiring foreign nationals in “non-managerial” positions under Alien Employment Permits (AEPs) must ensure that there is a transfer of skills to at least two Filipino workers. Subsequently, employers must now submit a written training proposal as part of the AEP visa application.

These new rules also state that within two working days of an AEP application being made, the Department of Labor and Employment are required to post a notice on their website and in a national newspaper for a period of 30 days. This notice must include the foreign applicant”s details, such as their qualifications and a description of their proposed duties, which any Filipino worker is entitled to file an objection to should they consider themselves competent and able to perform the role. The Department of Labor and Employment will consider any objections as part of the application process, with the power to revoke an applicant”s AEP if a valid objection is received after the visa is issued.

These rules have been introduced to promote fairness in the local job market, as well as to develop the skills of Filipino workers.    

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