Title II
EMPLOYMENT OF NON-RESIDENT ALIENS
Article 40. Employment
permit of non-resident aliens. 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.
The employment permit may be issued to a
non-resident alien or to the applicant employer after a determination of the
non-availability of a person in the Philippines who is competent, able and
willing at the time of application to perform the services for which the alien
is desired.
For an enterprise registered in preferred
areas of investments, said employment permit may be issued upon recommendation
of the government agency charged with the supervision of said registered
enterprise.
Article 41. Prohibition
against transfer of employment.
After the issuance of an employment
permit, the alien shall not transfer to another job or change his employer
without prior approval of the Secretary of Labor.
Any non-resident alien who shall take up
employment in violation of the provision of this Title and its implementing
rules and regulations shall be punished in accordance with the provisions of
Articles 289 and 290 of the Labor Code.
In addition, the alien worker shall be
subject to deportation after service of his sentence.
Article 42. Submission of
list. Any employer employing non-resident foreign nationals on the
effective date of this Code shall submit a list of such nationals to the
Secretary of Labor within thirty (30) days after such date indicating their
names, citizenship, foreign and local addresses, nature of employment and status
of stay in the country. The Secretary of Labor shall then determine if they are
entitled to an employment permit.
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