DOLE Issues Supplemental Guidelines Clarifying and Amending Rules on Employment of Foreign Nationals

On 5 June 2025, the Department of Labor and Employment (“DOLE”) issued Department Order No. 248-A, Series of 2025 (“DO 248-A-2025”) providing new rules and regulations on the employment of foreign nationals in the Philippines. The DOE 248-A-2025 amended Department Order No. 248-25 (“DO 248-25”) to introduce substantial changes on the requirements in publication, training and development program plans, and its evaluation for their application for an alien employment permit (“AEP”). 

Key amendments include:

• Expanded publication requirements: While publication in a newspaper of general circulation remains mandatory, applicants are now encouraged to post job vacancies on PhilJobNet and with PESO/Job Placement Offices, though this is not a precondition for filing an AEP application.

• Renewal Application: DOLE now accepts renewal applications with an affidavit of undertaking, committing to fulfill publication and training plan requirements within 60 days. For AEPs issued before February 10, 2025, only a training plan is required.

• Training Plan Requirements: Entities registered under the Foreign Investment Act, operating public utilities or critical infrastructure, or identified as strategic investments must submit an Understudy Training Program (“UTP”) or Skills Development Program (“SDP”).

• Evaluation and monitoring of UTP/SDP: A Technical Working Group (“TWG”) will assess training plans to ensure alignment with the foreign national’s role and promote knowledge transfer to Filipino workers. Employers must submit progress reports semi-annually or annually, depending on AEP validity.

• Exemptions: Certain foreign nationals, includes: (i) foreign nationals excluded or exempted from AEP, (2) equity holders/shareholders or foreign nationals who are owners or investors with equity participation as reflected and reported with the Securities and Exchange Commission (SEC), and (3) foreign nationals occupying positions that have been determined by the TWG to be qualified for exemption, in accordance with established guidelines and criteria, are not required to submit UTP/SDP plans.

• Economic Needs Test (“ENT”): A new rule outlines procedures for evaluating the economic impact of foreign employment. A separate TWG will assess labor market data and determine the necessity of foreign hires based on national and regional indicators.

The full text of the DO 248-A-2025 is available in this link.