Quick Tips for Employers
- Know Philippine Labor law and the various criteria dictated by the Philippine national government.
- Understand how the local labor rules in the location of your business will be interpreted.
- Follow the steps in hiring a foreign worker diligently and keep all the paperwork, licenses, and visa requirements in order.
- Once hired, the continued employment of a foreign worker is subject to many procedural rules and renewal of the various licenses and documentation that were initially required for getting hired in the first place.
- Develop an acute awareness of the dynamic and fluid nature of the Philippine labor laws. Educate your HR department and stay current with all the rumors on the street and officially declared changes that are being considered.
You might be thinking that it’s easy to hire a foreign national as soon as you arrive in the Philippines. After all, there are many foreigners in the country who can be hired for any job at any time. Hiring a foreigner is not allowed by law unless they have been granted a working visa from the Department of Labor and Employment (DOLE).
Foreigners who work here without valid permits are subject to fines and deportation—so make sure that whoever is coming into your company has been issued one by DOLE before letting them work!
Eligibility of a Foreign Worker
Foreign workers are eligible for employment in the Philippines if they meet the following requirements:
- They must be a resident of a country that has diplomatic relations with the Philippines.
- The candidate possesses the skills and work experience required for the job.
- They must be of good moral character and have no criminal record.
- They should be at least 18 years old, unless otherwise stated by the employer or government agency (e.g., working abroad).
9G VISA
9G VISA is a working visa required for foreigners working in the Philippines. It’s issued by the Bureau of Immigration and can be obtained only after you have already applied and has been approved with an Alien Employment Permit which is issued by the Department of Labor and Employment (DOLE).
9G VISAs are valid for 1 to 3 years, but they can be extended if needed or renewed. You cannot apply outside of the Philippines because you need to be in the Philippines before the Bureau of Immigration will allow you to submit any documents related to this process (e.g., application fee). Likewise, your passport will need to be presented also before the Bureau of immigration
For starters, the local or locally-based company you will work for must file a petition for the foreigner to obtain this visa. Assignments with a duration of fewer than six months will only require an application for a Special Work Permit, while assignments with a duration of more than six months will require both an Alien Employment Permit(AEP) and 9G Visa.
The foreign applicant must file for a separate Philippines Alien Employment Permit (AEP) from the Philippines’ Department of Labor and Employment as a required accompaniment to his work visa application.
To stress the importance of an AEP, please note that the Bureau of Immigration will not issue you a 9G working visa unless you have obtained the AEP from the Department of Labor and Employment.
Who is qualified to apply for a 9G visa and the Alien Employment Permit (AEP)?
Application for the 9G visa from the Bureau of Immigration and the AEP from the Department of Labor and Employment are usually for foreign nationals who are seeking employment in the Philippines; Professionals allowed to practice their profession in the Philippines;
Foreign nationals who want to work in the Philippines must be petitioned by their local or locally-based employers. Proof that no other person in the Philippines is better suited for the position given to the foreign national must be presented.
Once your application is underway and is awaiting approval, you must obtain a provisional permit to work, which you can get from the Bureau of Immigration. This permit is valid for 3 months upon the date of issuance.
What are the requirements needed to submit to the Bureau of Immigration?
The following documents are required for the application of a 9G working visa: A duly accomplished application form; Formation documents from your local or locally-based employer; an Alien Employment Permit from the Department of Labor and Employment;a Clearance certificate from the Bureau of Immigration; any government issued ID; and the Applicant’s physical passport.
Other documents might be asked in order to support the employment of the applicant in the Philippines.
Provisional Working Permit
The Bureau of Immigration (BI) is the agency that issues provisional working permits to foreigners who are hired by a Philippine company.
It’s valid for 3 months from its date of issuance, and it allows you to perform any kind of job within that time frame. This ,however, assumes that your 9G employment visa is pending. Meaning you have lodged this also before the Bureau of Immigration
Legal Awareness
The knowledge of the Philippine labor laws is extremely important. In order to make the process of hiring a foreigner go smoothly for both parties, you need a Philippine HR staff that is well informed and updated of the Philippine laws. Furthermore, The Philippine Labor Law regulations regarding hiring foreigners ought to be part of their training upon employment.
Finally, it is crucial to keep in mind that the duration of time involved in hiring foreign staff is not fixed by Philippine law, which means that the hiring process can take anywhere from four weeks to several months depending on the candidate, how well the application has been prepared, and how educated the firm’s HR staff is. However, all in all, despite the many factors that make the idea of hiring foreign talent seem dreadful, there are many benefits that come along with it such as; diversity and cross-cultural communication within the company, talent and working experience that local employees cannot supply, increase in global connections, and so on. As long as the firm is well-prepared, aware, dedicated, and supportive, there should not be any unexpected hardships to face when hiring foreign talent in the Philippines.
The process of hiring a foreigner in the Philippines can be daunting, especially if you do not know what to expect. The following guide will help you navigate through it with ease.
This process is primarily a documentation driven exercise in which you must have followed the effort to obtain this documentation in the correct order.The employer must first get an employment permit from the local labor authorities.
It’s not really a difficult process to hire foreigners in the Philippines. The important thing is to make sure that your applicant is eligible for the 9G visa, your employer is sufficiently capitalized by at least 10M Php and that you know what documents and requirements are necessary to apply for the visa.
A lot of employers end up hiring agents or HR recruiters who do not really know what they are doing so it’s important to be your own advocate when looking into hiring a recruitment outsourcing company. You should always check on their references before deciding whether or not they are right for your needs as well as their experience level with other companies in similar industries such as technology companies, BPOs, KPOs, FMCGs, Retail, Travel, Tourism, Healthcare and Law.
Learn more about our Global Employment Relocation Service or we can schedule a free consultation to help us learn more about your business requirements. Get in touch with one of our sales representatives at +639772415709.