Title
Anti-Dummy Law on Alien Culinary Workers
Law
Bi Memorandum Order No. Aff-04-017
Decision Date
Sep 16, 2004
Alien culinary technical personnel must secure proof of exemption from the Anti-Dummy Law restrictions from the Department of Justice before applying for employment in local restaurants, ensuring compliance with specific legal requirements.
A

Q&A (BI MEMORANDUM ORDER NO. AFF-04-017)

The Anti-Dummy Law regulates the employment of alien technical personnel to prevent the circumvention of constitutional restrictions on foreign ownership and employment.

Technical personnel includes any person with special, extraordinary, or practical knowledge in a mechanical or scientific occupation, including persons with special skill related to practical, industrial, or mechanical arts or services.

Yes, it explicitly includes alien culinary technical personnel seeking employment in local restaurants.

They must secure proof of exemption from Anti-Dummy Law restrictions from the Department of Justice.

Proof of exemption from Anti-Dummy Law restrictions obtained from the Department of Justice must be submitted.

Under Commonwealth Act No. 613, Sections 9(g) and 20 for pre-arranged employment, and Section 42(a)(32) for a permit to work.

The memorandum specifies restrictions apply to those seeking employment in local restaurant operations not necessarily included in or incidental to the hotel/inn business, implying those in hotel/inn business might be exempt or under different regulations.

MOJ Order No. 210 contains the requirements that must be complied with before a pre-arranged employment visa or permit to work may be issued to alien culinary technical personnel.


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