DOLE Issues Guidelines and Procedures for Work-Related Permits and Visas
New Order or Decree
Author: Emerico O. De Guzman, Managing Partner - Angara Abello Concepcion Regala & Cruz Law Office (ACCRALAW)
On October 17, 2019, the Department of Labor and Employment (DOLE) published an order providing guidelines on the issuance of a Certificate of No Objection (CNO). The CNO certifies that there is no party objecting to the issuance of a work-related visa to a foreign national. Meanwhile, the Department of Foreign Affairs (DFA) and the Department of Justice (DOJ) are expected to include the CNO as one of the documentary requirements for the issuance of a Special Nonimmigrant Visa (which are issued pursuant to Section 47(a)(2) under Commonwealth Act No. 613). DOLE’s Department Order No. 205, Series of 2019, becomes effective on November 5, 2019.
DOLE Rules and Regulations on Service Charges Collected by Hotels, Restaurants, and Similar Establishments
New Order or Decree
Author: Emerico O. De Guzman, Managing Partner - Angara Abello Concepcion Regala & Cruz Law Office (ACCRALAW)
On November 19, 2019, the Department of Labor and Employment (DOLE) issued an order mandating that 100% of the service charges collected by hotels, restaurants and similar establishments be distributed completely and proportionately among all covered workers (excluding managerial employees) based on actual hours or days of work or service rendered. The shares shall be distributed and paid to the covered employees not less than once every two weeks or twice a month at intervals not exceeding 16 days. The order known as Department Order No. 206, Series of 2019, takes effect on December 11, 2019.
Rules and Procedures Governing Foreign Nationals Intending to Work in the Philippines
New Regulation or Official Guidance
Author: Emerico O. De Guzman, Managing Partner - Angara Abello Concepcion Regala & Cruz Law Office (ACCRALAW)
On October 17, 2019, several federal agencies published Joint Memorandum Circular No. 001, Series of 2019, to harmonize the regulations on the entry of foreign nationals intending to work in the country, including the relevant visas, alien employment and temporary work permits. Effective November 1, 2019, foreign nationals may secure a working visa, while in the Philippines or prior to entry, subject to their compliance with various documentary requirements. Notably, a joint team shall conduct inspection of establishments employing foreign nationals to ensure their compliance with labor, immigration, and tax laws. The joint inspection team shall consist of the Department of Labor and Employment (DOLE); Bureau of Immigration (BI); and Bureau of Internal Revenue (BIR).
