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All ▸ Bar 2024 ▸ LABOR LAW AND SOCIAL LEGISLATIONS ▸ II. RECRUITMENT AND PLACEMENT OF WORKERS ▸ B. Employment of Non-Resident Aliens (Labor Code, arts. 40-42, DOLE D.O. No. 186-17, secs. 1-3 and 12-14, as amended by DOLE D.O. No. 221-21, DOLE D.O. No. 205-19, secs. 1-3, 7-8)

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Question

Question:

An international company based in the Philippines is planning to hire non-resident aliens for its newly established branch. The company wants to ensure compliance with the relevant laws and regulations on the employment of non-resident aliens in the country.

Based on the provisions of the Labor Code (Arts. 40-42), DOLE D.O. No. 186-17 (Secs. 1-3 and 12-14), as amended by DOLE D.O. No. 221-21, and DOLE D.O. No. 205-19 (Secs. 1-3, 7-8), answer the following questions:

  1. What are the general requirements for the employment of non-resident aliens in the Philippines?
  2. Discuss the limitations on the number of non-resident aliens that can be employed by a company in the Philippines.
  3. What are the allowable positions or jobs for non-resident aliens?
  4. What are the steps and procedures that the company needs to follow in order to obtain the necessary permits and clearances to employ non-resident aliens?
  5. Under what circumstances can the employment of a non-resident alien be terminated?

Provide comprehensive and well-supported answers based on the applicable laws and regulations.

Answer

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