Title
Rules on foreign workers in hotels/restaurants
Law
Dot
Decision Date
Jan 13, 1992
The Department of Tourism, in collaboration with the Department of Labor and Employment and the Bureau of Immigration, establishes comprehensive guidelines for the pre-arranged employment of foreign nationals in the hotel, resort, and restaurant sectors, emphasizing compliance, training of Filipino understudies, and procedural documentation.
A

Questions (DOT)

The agencies are DOT, DOLE, and the Bureau of Immigration (BI). DOT evaluates the initial documents and forwards them with comments/recommendations to DOLE. DOLE evaluates the Alien Employment Permit (AEP) application and the Understudy Training Program proposal. BI issues the decision/advice on the pre-arranged employee visa status based on the favorable endorsement and provides copies to DOT and DOLE.

It must be filed with the DOT, submitting the required documents in triplicate.

It must mention, among other information, the name, nationality, and position of the foreign national.

Duly accomplished and notarized application forms of DOLE and BI.

A comprehensive curriculum vitae showing educational background, work experience, and other data proving that the applicant possesses technical skills in his trade or profession.

It must include: (1) salary and position title; (2) commencement and expiration dates; (3) training of at least two (2) Filipino understudies in the specialized skills per DOLE requirement; (4) an undertaking by the non-resident alien employee to comply with Philippine laws and to pay taxes on compensations; and (5) a prohibition on engaging in any gainful employment other than that for which the permit was issued.

The application must include: a copy of the Understudy Training Program and a duly accomplished Designation of Understudy Form with Understudy Information sheets. The hotel/resort/restaurant must submit semi-annual reports on the Understudy Training Program to DOLE, with a copy furnished the DOT.

It must include: (1) name of the foreign national and his field of specialization; (2) names and addresses of at least two (2) Filipino understudies; (3) number of hours of actual training and specific subject(s); and (4) reasons why the Filipino understudies cannot yet take over the work of the foreign national, if applicable.

Yes. A terminal report must be submitted at the end of the training period to trace the movement of the understudies.

The Hotel and Restaurant Industry Board evaluates the effectiveness annually. It was created pursuant to Article 50 of the Labor Code.

The foreign national may be admitted initially as a temporary visitor, then secure a change of status to a pre-arranged employee visa from BI.

BI may permit it in exceptional cases.

They are processed in accordance with the same procedures described in the guidelines.

They take effect immediately, adopted on 13 January 1992.

BI advises the applicant of its decision and provides both DOT and DOLE a copy each of the advice (after favorable endorsement).

DOT evaluates documents and forwards them with recommendations to DOLE; DOLE evaluates the AEP application and Understudy Training Program; advice of approval/denial is transmitted to BI (with DOT furnished); BI then acts/advices the applicant and furnishes copies to DOT and DOLE for favorable endorsements.


Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.