DOLE Issues New Rules on the Employment of Foreign Nationals in the Philippines: What You Need to Know

On 21 January 2025, the Department of Labor and Employment (DOLE) released Department Order No. 248, series of 2025—commonly referred to as the “New Rules and Regulations on the Employment of Foreign Nationals in the Philippines.” This update outlines the framework for how foreign nationals may be employed in the country, a development that could have implications for both employers and professionals planning to work in the Philippines.

Key Details of the New Rules

Issuance Date: The order was issued on 21 January 2025.

Effective Date: The new regulations are slated to take effect fifteen (15) days after their publication in the Official Gazette or a newspaper of general circulation.

Current Status: As of now, the order has not been published in the Official Gazette or any widely circulated newspaper. Consequently, its implementation date remains pending.

Additional Information: We have confirmed with DOLE that there is no further information available regarding the publication timeline or additional details about the implementation of these rules.

Key Changes and Implications

1. Revised Rules on Alien Employment Permits (AEPs)

Foreign nationals intending to work in the Philippines must obtain an Alien Employment Permit (AEP), with the following updates:

• Stricter Documentation Requirements – Employers must now submit additional proof of local labor market unavailability before hiring a foreign national.
• Publication Requirement – Job vacancies for foreign hires must now be published through the Public Employment Service Office (PESO) and PhilJobNet before an AEP is issued.
• Validity Adjustments – AEPs will remain valid for a maximum of three years but will now require periodic confirmation of employment status.
• New Renewal Procedures – Applications for renewal must be filed at least 30 days before expiry, with proof of continuous employment.

2. Exemptions and Special Considerations

The updated rules provide clearer guidelines on exemptions:

• Short-Term Assignments – Foreign nationals working for less than six months may apply for a Special Work Permit (SWP) instead of an AEP.
• Government-Endorsed Projects – Employees in government-approved investment areas or special economic zones may be granted exemptions from standard AEP requirements.
• Special Categories – Diplomats, accredited foreign media, and certain executives covered by international agreements remain exempt.

3. Increased Compliance and Monitoring

To prevent unauthorized employment, DOLE has enhanced its enforcement measures:

• Employer Accountability – Companies hiring foreign nationals must maintain updated records and submit regular employment reports.
• Worksite Inspections – Random and scheduled inspections will be conducted to verify compliance with employment terms.
• Stronger Penalties – Employers failing to secure proper permits may face fines, suspension, or revocation of business permits.

What Employers and Foreign Nationals Should Do

Given these regulatory changes, companies and foreign employees should take proactive steps:

• Review Hiring Practices – Ensure compliance with the updated permit requirements and maintain necessary documentation.
• Plan Permit Applications Early – Avoid delays by filing applications within the prescribed timelines.
• Stay Informed on Policy Updates – Regularly monitor DOLE announcements for any further adjustments to employment regulations.

Our Commitment as the Experts

At Pelikan Global, we recognize the significance of this update and understand that regulatory changes can influence travel and work plans. We are committed to monitoring any further developments closely and will provide updates as soon as more information becomes available.

Contact us directly if you have any questions or need assistance navigating these changes.

Stay informed, or leave the hassle to us.