Title II XPNS:
1. Diplomatic services and foreign gov’t officials
EMPLOYMENT OF NON-RESIDENT ALIENS
Art. 40. Employment permit of non-resident aliens.
Who may apply for – Any alien seeking admission to
the Philippines for employment purposes and any
domestic or foreign employer who desires to engage
an alien for employment in the Philippines shall
obtain an employment permit from the Department
of Labor. (Art 40)
PROHIBITION AGAINST EMPLOYMENT OF ALIENS
Section 2-A of the Anti-Dummy Law prohibits
the employment of aliens in establishment or
entities which have under their name or control a
right, franchise, privilege, property or business
the exercise or enjoyment of which property or
business the exercise or enjoyment of which is
expressly reserved by the Constitution or the
laws to citizens of the Philippines or to
corporations or associations at least 60% of the
capital of which is owned by such citizens.
EXCEPTIONS TO THE PROHIBITION:
a. where the Secretary of Justice specifically
authorizes the employment of technical
personnel; or
b. where the aliens are elected members of
the board of directors or governing body of
corporations or association in proportion to
their allowable participation in the capital of
such entities.
3. Enterprises registered under the Omnibus
Investment Code in case of technical, supervisory or
advisory positions, but for a limited pd.
Requisites for Employment of Non-Resident Aliens
1. working permit from DOLE
2. certification that there is no available Filipino
willing and competent to do the job for the
employer
3. alien must train at least two Filipino understudies
for such undertaking
4. FOR ENTERPRISES REGISTERED IN
PREFERRED AREAS OF INVESTMENT – employment
permit issued upon recommendation of government
agency charged with the supervision of said
registered enterprise
Q: Who are required to obtain an employment
permit?
A: GR: Only non‐resident aliens;
2. Officers and staff of int’l organizations and their
legitimate spouses
3. Members of governing board who has voting
rights only
4. Those exempted by special laws
5. Owners and representatives of foreign principals
who interview Filipino applicants for employment
abroad
6. Aliens whose purpose is to teach, present and/or
conduct research studies
7. Resident aliens. (D.O. 75‐06, May 31, 2006)
Requisite for EENT of Resident Aliens:
Immigrants & resident aliens are not required to
secure a working permit. They are required to secure
their Alien Employment Registration Cert (AERC)
Alien Employment Permit (AEP) – required for entry
into the country for employment purposes and is
issued after determination of the non-availability of
a person in the pH who is competent, able and
willing at the time of application to perform the
services for w/c the alien is desired.
All foreign nationals who intend to engage in
gainful employment (EENT) in the PH shall apply for
AEP.
Employment Permit Required
1. all foreign nationals seeking admission to the PH
for the purpose of EENT;
2. all non-resident foreign nationals already working
in the PH;
3. non-resident foreign nationals admitted to the PH
on non-working visas and who wish to seek EENT;
4. missionaries or religious workers who intend to
engage in gainful EENT.
Note: AEP should be secured regardless of the
source of compensation and duration of the EENT,
whether the EENT is part-time or temporary.
An AEP is issued based on the ff:
1. Compliance by the applicant EER or the foreign
national w/ the substantive & documentary
requirements;
2. Determination of DOLE Sec that there is no
available Filipino national who is competent, able
and willing to do the job for the EER; and
3. Assessment of the DOLE Sec that the EENT of the
foreign national will redound to national benefit
Note: Understudy Training Program is no longer a
requirement in the issuance of AEP and the EEr has
now the option to implement transfer of technology

Grounds for denial of Application of AEP
1. Misrepresentation of facts in the application;
2. Submission of falsified docs;
3. The foreign national has a derogatory record; or
4. Availability of a Fil who is competent, able and
willing to the job intended for the alien.
A: Yes. GMC’s claim that hiring of a foreign coach is
an Er’s prerogative has no legal basis. Under Art. 40
of the LC, an Er seeking employment of an alien must
first obtain an employment permit from the DOLE.
GMC’s right to choose whom to employ is limited by
the statutory requirement of an employment permit.
(GMC v. Torres, G.R. No. 9366, April 22, 1991)

Grounds for suspension of AEP Art. 41. Prohibition against transfer of employment
1. The continued stay of the foreign national my
result in damage to the interest of the industry of 􀂃 Aliens shall not transfer to another job or change
the country; and his employer without prior approval of the secretary
2. the EENT of the alien is suspended by the EER or of labor.
by the order of the court 􀂃 Non-resident alien shall not take up employment
in violation of the provisions of the Code.
Grounds for revocation of AEP
1. Non-compliance w/ any of the Note: Violations of the above mentioned acts will
requirement/conditions for w/c the AEP was issued; subject the alien to the punishment in Art 289 & 290
2. Misrepresentation of facts in the application; and to deportation after service of sentence.
3. Submission of falsified docs;
4. Meritorious objection or information against the Art. 42 – Submission of List
EENT of foreign national as determined by the
Any employer employing non-resident foreign
Regional Dir;
nationals on the effective date of this Code, shall
5. Foreign national has a derogatory record; and
submit a list of such nationals to the Secretary of
6. EER has terminated the EENT of the foreign
Labor within thirty (30) days after such date
national.
indicating their names, citizenship, foreign and local
addresses, nature of employment and status of stay
Duration of Permit
in the country. The Secretary of Labor shall then
􀂃 Valid for 1 year from date of issuance, unless
determine if they are entitled to an employment
sooner revoked by the Secretary of Labor
permit.
(unless the EENT contract, consultancy services or
other modes of engagement provides otherwise, w/c
shall in no case exceed 5yrs)

fine for working w/o or with an expired AEP P10K

for every year or a fraction thereof.

􀂃 Renewable upon showing of good cause

􀂃 Non-transferable

Q: The DOLE issued an alien employment permit for

Earl Cone, a U.S. citizen, as sports consultant and
assistant coach for GMC. Later, the Board of Special
Inquiry of the Commission on Immigration and
Deportation approved Cone’s application for a
change of admission status from temporary visitor
to pre‐arranged employee. A month later, GMC
requested that it be allowed to employ Cone as full‐
fledged coach. The Dole Regional Director granted
the request. The Basketball Association of the Phils.
appealed the issuance of said permit to the SLE
who cancelled Cone’s employment permit because
GMC failed to show that there is no person in the
Philippines who is competent and willing to do the
services nor that the hiring of Cone would redound
to the national interest. Is the act of SLE valid?
 BOOK TWO
HUMAN RESOURCES DEVELOPMENT PROGRAM
Title II
TRAINING AND EMPLOYMENT OF SPECIAL
WORKERS
Chapter I
APPRENTICES
ART.43 :STATEMENT OF OBJECTIVE
OBJECTIVES:
1. Develop human resources
2. Establish training institutions
3. Formulate such plans and programs as will
ensure efficient allocation
4. Development and utilization of the nation’s
manpower and thereby promote
employment and accelerate economic and
social growth.
ART. 44. DEFINITION
* MANPOWER - that portion of the nation’s
population which has actual or potential
capability to contribute directly to the production
of goods and services.
* ENTREPRENEURSHIP - training for self-employment
or assisting individual or small industries within the
purview of this the LC.
ART. 45. NATIONAL MANPOWER AND YOUTH
COUNCIL COMPOSITION
 Attached to the DOLE for policy and
program coordination and hereinafter
referred as the Council.
COMPOSITION:
 Secretary of Labor as ex-officio chairman
 Secretary of Education and Culture as ex-
officio vice chairman
 Members:
o Secretary of Economic Planning
o Secretary of Agriculture and Food
o Secretary of Natural Resources
o Chairman of the Civil Service
Commission
o Secretary of Social Welfare
o Secretary of Local Government
o Secretary of Science and
Technology
o Secretary of Trade and Industry
o Director-General of the Council
(but shall have no vote)
The President shall appoint the following members
from the private sector (each for a term of 3 years):
 2 representatives of national organization
of employers
 2 representatives of national workers
organizations
 1 representative of national family and
youth organizations
ART. 46. NATIONAL MANPOWER PLAN
The Council shall formulate:
 A long- term national manpower plan for
the optimum allocation
 Development and utilization of manpower
for employment
 Entrepreneurship and economic and social
growth
After the plan has been adopted by the Council, it
must be updated annually and submitted to the
President for his approval.
It shall be the controlling plan for the development
of manpower resources for the entire country in
accordance with the national development plan
The council shall call upon any agency of the
Government or the private sector to assist in this
effort.
Art 43-56 TECHNICAL EDUCATION AND SKILLS DEVT
AUTHORITY (TESDA)
- replaced the National Manpower & Youth Council
under RA 7796
Statement of Goals & Objectives
1. To attain international competitiveness;
2. To meet demands for quality middle-level
manpower;
3. To disseminate scientific & technical knowledge
base;
4. To recognize & encourage the complementary
roles of pub & private institutions; and
5. To inculcate desirable values.
Middle-level Manpower
1. Those who have acquired practical skills &
knowledge through formal or non-formal educ &
training equivalent to at least a secondary educ but
preferably a post-secondary educ w/ a
corresponding degree/diploma; or
2. Skilled workers who have become highly
competent in their trade or craft as attested by
industry.
Chapter I
APPRENTICES
HUMAN RESOURCES &
MANPOWER DEVELOPMENT
1. Government Machinery
Policy- It is the policy of the State to provide
relevant, accessible, high quality and efficient
technical education and skills development in
support of the development of high-quality Filipino
middle-level manpower responsive to and in
accordance with Philippine development goals and
priorities.
Power and Functions of TESDA
Responsible for formulating, continuing,
coordinating, and fully integrating technical
education and skills development policies, plans and
programs
Types of Special Workers:
1. Apprentice
2. Learners
3. Handicapped
Art 57 STATEMENT OF OBJECTIVES FOR THE
TRAINING & EENT OF SPECIAL WORKERS
1. To help meet the demand of the economy for
trained manpower;
2. To establish a national apprenticeship program;
and
3. To establish apprenticeship standards for the
protection of apprentices.
ART. 58 – DEFINITION OF TERMS
APPRENTICESHIP – means any practical training on
the job supplemented by related theoretical
instruction;
APPRENTICE- is a worker who is covered by a written
apprenticeship agreement with an individual
employer or any entities recognized under this
Chapter;
APPRENTICEABLE OCCUPATION- means any trade,
form of employment or occupation which requires
more than three (3) months of practical training on
the job supplemented by related theoretical
instruction; (see R.A. 7796) d.)
APPRENTICESHIP AGREEMENT- is an employment
contract wherein the employer binds himself to train
the apprentice and the apprentice in turn accepts
the terms of training.
ON-THE-JOB TRAINING – the practical
work experience through actual participation in
productive activities given to or acquired by an
apprentice
HIGHLY TECHNICAL INDUSTRIES – trade,
business, enterprise, industry or other activity,
which is engaged in the application of advanced
technology
RELATED THEORETICAL INSTRUCTIONS- Technical
information based on apprenticeship standards
approved by the Bureau.
Note: Prior approval by TESDA (formerly DOLE) of
the proposed apprenticeship program is a condition
sine qua non. Otherwise, apprentice becomes a
regular Ee. (Nitto Enterprises v. NLRC, G.R. No.
114337, Sep. 29, 1995).
ART. 59. QUALIFICATIONS OF APPRENTICE.
1.At least 15 years of age
Note: Those below 18 years of age shall not work in
hazardous occupations
2. Physically fit for the occupation
3. Possess vocational aptitude and capacity
4. Possess:
a. The ability to comprehend, and
b. Follow oral and written instructions
5. The company must have an apprenticeship
program duly approved by the DOLE.
Note: Total physical fitness is not required of the
apprentice-applicant unless it is essential to the
expeditious and effective learning of the occupation.
Only physical defects w/c constitute real
impediments to effective perfectly as determined by
the plant apprenticeship committee may disqualify
an applicant .
Trade and industry associations may recommend to
the Secretary of Labor appropriate educational
requirements for different occupations.
Q: When is an occupation deemed hazardous?
A:
1. Nature of work exposes worker to dangerous
environmental elemental contaminants or work
conditions
2. Workers are engaged in construction work,
logging, firefighting, mining, quarrying, blasting,
stevedoring, deep‐sea fishing, and mechanized
farming
3. Workers are engaged in the manufacture or
handling of explosives and other pyrotechnic
products
4. Workers use, or are exposed to heavy or power‐
driven machinery or equipment.
Art 60: EMPLOYMENT OF APPRENTICES
Qualifications to be met by EER:
1.Only employers in highly technical industries and
2.Only in apprenticeable occupations approved by
SLE
Requisites for a Valid Apprenticeship
1. qualifications of apprentice are met
2. the apprentice earns not less than 75% of the
prescribed minimum salary
3. apprenticeship agreement duly executed and
signed
4. apprenticeship program approved by the Sec. of
Labor; otherwise, the apprentice shall be deemed
as a regular employee
5. period of apprenticeship not exceed 6 months
􀂃 At the termination of the apprenticeship, the
employer is not required to continue the
employment.
􀂃 Employer may not pay wage if the apprenticeship
is
• a requirement for graduation
• required by the School
• required by the Training Program Curriculum
• requisite for Board examination
There is no valid apprenticeship if:
1. The agreement submitted to the TESDA was made
long after the workers started undergoing
apprenticeship;
2. The work performed by the apprenticeship was
different from those allegedly approved by TESDA;
3. The workers undergoing apprenticeship are
already skilled workers;
4. The workers were required to continue
undergoing apprenticeship beyond 6mos.
Q: What is the employment status of apprentices?
A: They are contractual workers whose length of
service depends on the term provided for in the
apprenticeship agreement. Thus, the employer is not
obliged to employ the apprentice after the
completion of his training.
Art 61: CONTENTS OF APPRENTICESHIP
AGREEMENT
1. Full name & address of the contracting parties;
2. Date of birth of the apprentice;
3. Name of trade, occupation or job in w/c the
apprentice shall be trained and the dates on w/c
such training will begin and will proximately end;
4. Appropriation number of hours of OJT w/
compulsory theoretical instruction w/c the
apprentice shall undergo during his training;
5. Schedule of the work processes of the
trade/occupation in w/c the apprentice shall be
trained and the approx. time to be spent on the job
in each process;
6. Graduated scale of wages to be paid to the
apprentice;
7. Probationary period of the apprentice during
which either party ay summarily terminate their
agreement; and
8. A clause that if the EER is unable to fulfill his
training obligation, he may transfer the agreement,
w/ the consent of the apprentice to any other EER
who is willing to assume such obligation.
Working Hours – shall not exceed the max number
of hours prescribed by law, if any, for a worker of his
age and sex. Time spent in compulsorily theoretical
instruction shall be considered hours of work. An
apprentice not otherwise barred by law from
working 8hrs may be requested by his EER to work
overtime and paid accordingly.
Contents of Learnership Agreement
1. names and addresses of employer and learner
2. occupation to be learned and the duration of the
training period which shall not exceed 3 months
3. wage of the learner which shall be at least 75%
of the applicable minimum wage
4. commitment to employ the learner, if he so
desires, as a regular employee upon completion
of training
􀂃 A learner who has worked during the first two
months shall be deemed a regular employee if
training is terminated by the employer before the
end of the stipulated period thorough no fault of
the learner.

Art 62: SIGNING OF APPRENTICESHIP AGREEMENT

Who signs:
1. The apprentice, if of age, otherwise, by his parent
or guardian, or in the latter’s absence, by an
authorized rep of TESDA; and
2. EER or his duly authorized representatives

Art 63: VENUE OF APPRENTICESHIP PROGRAM

􀂃 The plant, shop, premises of the employer or firm
concerned if the apprenticeship program is
organized by an individual employer or firm.
􀂃 The premises of one or several firms designated
for the purpose by the organizer of the program if
such organizer is an association of employers,
civic groups and the like.
􀂃 DOLE training center or other public training
institutions with which the Bureau has made
appropriate arrangements.