March 25, 2015

The necessary move to create formalized procedures for companies registered with the Philippines Economic Zone Authority (PEZA) that seek to hire foreign nationals for certain positions exceeding the current 5% cap is now complete. The Department of Labor and Employment announced earlier this month that registered companies looking to hire foreign nationals for positions of a supervisory, advisory or technical nature may be permitted to exceed the 5% cap if they meet certain criteria. Up until earlier this month, companies registered with PEZA were permitted to make this request by written correspondence directly to the Department of Labor and Employment, yet the process lacked significant clarity with regards to the individual company’s eligibility to hire the additional foreign workers.

Pursuant to the newly formalized process of seeking a letter of no objection from the Department of Labor and Employment, companies in the National Capital Region (NCR) and who are registered with PEZA must complete the following:

1. Company must submit letter to the Regional Director of the Department of Labor and Employment. Click here to locate the contact information for your regional office.
2. The letter must contain detailed information about the company, its employees and its workforce, in addition to, an explanation as to the company’s justification for making the request to exceed the 5% cap.
3. The company will need to submit documentation demonstrating an effort to fill the vacancies with qualified Filipino nationals (typically by means of advertising the open positions to the public or the retention of recruitment agencies).

The process now provides PEZA registered employers with a roadmap to workforce planning, should the company’s business needs necessitate the recruitment and retention of foreign talent beyond the percentage caps allowed under the current Philippine employment-based immigration regulations. Should you require assistance with the submission of your request for a notice of no objection, please contact your Pro-Link GLOBAL immigration specialist for further details.

Caveat Lector | Warning to Reader

This is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. Readers are reminded that Immigration laws are fluid and can change a moment’s notice without any warning. Please reach out to your local Pro-Link GLOBAL specialist should you require any additional clarification.

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