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The Department of Labor and Employment (DOLE) has released Department Order No. 248, Series of 2025, introducing significant changes to the employment of foreign nationals in the Philippines. These new regulations revise the Alien Employment Permit (AEP) process and impose additional requirements for employers hiring foreign workers.
Key Changes Under the New AEP Rules
1. Filing of AEP Applications While the Candidate is Still Abroad
Employers may now submit an AEP application before the foreign national arrives in the Philippines. However, DOLE will not release the AEP until the applicant has entered the country. This aims to streamline the hiring process while ensuring compliance with entry and labor regulations.
2. Expanded Job Advertisement Requirements
Employers seeking to hire foreign nationals must now comply with stricter job posting requirements.
| Requirement | Previous Rule | New Rule |
|---|---|---|
| Publication Venue | Newspaper of general circulation | 1. Newspaper of general circulation 2. PhilJobNet (the official government job portal) 3. Public Employment Service Office (PESO) or Job Placement Office (JPO) where the job is based |
| Advertisement Content | 1. Position, qualifications, and job description 2. Employer’s name, address, and contact details |
1. Company’s intent to hire a foreign national 2. Position, qualifications, and job description 3. Employer’s name, address, and contact details 4. Location of employment 5. Foreign national’s name and city of residence in the Philippines 6. Statement that the foreign national is qualified and willing to work 7. Intended duration of employment 8. DOLE Regional Office and address where the AEP application will be filed |
| Validity Period of Job Posting | 15 to 45 days | Valid for up to 45 days |
3. Longer Processing Time for AEP Applications
The processing period for AEP issuance has been extended from 7 working days to 15 working days from the date of payment of the filing fee. Employers should anticipate potential delays in onboarding foreign employees due to this extended timeline.
4. New Requirement for a Certificate of Exemption from AEP
Previously, foreign nationals covered by AEP exemption categories could commence employment without additional documentation. Under the new rules, however, all exempted foreign workers must secure a Certificate of Exemption from DOLE before they can begin working.
Implementation Timeline
The new rules will take effect 15 days after their publication in the Official Gazette or a newspaper of general circulation. As of this writing, DOLE has not yet published the order, meaning implementation is still pending.
Ongoing Clarifications and Industry Concerns
Legal and business communities have raised concerns about the practical implications of the new job advertisement requirements, particularly the inclusion of the foreign national’s personal details in job postings. The expanded publication venues may also increase hiring costs and prolong recruitment timelines.
Avenida Law Office has reached out to DOLE NCR for further clarification on these new requirements. However, DOLE representatives have advised waiting for further official announcements from the Department regarding implementation details.
What Employers Should Do Now
- Monitor the official publication of the new rules to determine the exact enforcement date.
- Review ongoing and future AEP applications to ensure compliance with the additional requirements.
- Anticipate longer processing times and adjust hiring timelines accordingly.
- Ensure job advertisements include all newly required details and are posted in all mandated venues.
- Consult legal professionals to navigate compliance issues and avoid potential delays or penalties.
For further inquiries and legal assistance on the new DOLE regulations, Avenida Law Office remains available to provide expert guidance and support.