Local Hires Employment Guidelines DFA

To streamline recruitment of staff support services in Foreign Service Posts.
To formulate employment contracts that apply internationally accepted labor standards.
To regulate benefits and employment-related matters for locally hired personnel.

Persons of any nationality recruited locally by the Post.
Provide staff support services.
Compensated based on local labor laws, relevant host country rules and Department of Foreign Affairs issuances.

Posts must submit English versions of local labor laws regarding:
- Monetary benefits such as salary, overtime, separation, retirement, social security, medical, and terminal leave benefits.
- Non-monetary benefits including weekly day-off, probation, compensatory time off.
- Employment conditions like working hours, salary deductions, security of tenure, grounds/procedures for termination.
Posts must indicate applicability and compliance requirements of these benefits for diplomatic missions.
Consultation with host country labor officials is required.
Posts can request authorization to hire consultants on local employment laws.
Updates or amendments to labor laws must be promptly submitted.

Creation of new local hire positions requires submission of justification, job description, qualifications, cost-benefit analysis, and other relevant info to OPAS and Fiscal Management.
Minimum qualifications include relevant experience, college degree (or equivalent experience), fluency in English and host country language for specific roles, legal status in host country, police clearances, passing examinations, age limits (20-64 years), medical fitness.
Preference is given to Filipino citizens meeting qualifications.

Relatives within third degree of consanguinity or affinity of heads of Posts or appointing authority.
Persons without legal status in host country.
Wards of Migrant Workers and Overseas Filipinos Resource Centers.
Former locally hired employees dismissed for cause.
Relatives or private staff of Foreign Service Personnel, except in authorized emergencies.

Initial appointment requires submission of employment contract, personal history, sworn statement against disqualifications, police/NBI clearances, physician's certification.
Clearances and medical certifications must be renewed every five years.
Initial appointment requires prior authorization from Secretary of Foreign Affairs or authorized representative.
Appointment is for a fixed six-month period unless longer period required by local law.
Renewals are subject to funding, performance, and applicable laws.

Model contracts provided by the Department, customized to incorporate local labor laws.
Contracts must be submitted for Department approval.

Official passports are generally not issued to local hires of Philippine citizenship except for specified duties and with Secretary's approval.
Local hires do not receive benefits of regular Foreign Service personnel.
The Department and Posts shall not facilitate visa or work permit applications, except when required by host country authorities.

Benefits not required by local law shall not be granted unless authorized.
Salary determination criteria include minimum wage law, prevailing local rates, qualifications, duties, work duration, and existing salary scales.
Performance-based salary increases may be recommended annually.
Taxes on salaries and benefits are the responsibility of the local hire; failure to pay is ground for non-renewal.
Leave entitlements governed by local law but capped at 30 days each for vacation and sick leave annually.
Enrollment in social security, retirement or pension plans is mandatory per local or Philippine law.
Leave credits accrued prior to enrollment can be monetized pursuant to Department schedules.
In countries lacking applicable social security schemes, leave credits may convert to terminal leave benefits up to 120 days maximum.
Bonuses such as 13th month pay and others are provided only if mandated by local laws.
Overtime payment requires prior Department authorization; compensatory time off allowed if lawful.

Performance appraisals shall use Department's prescribed Individual Performance Commitment and Review Form.
Separation procedures must comply with local laws including prior notice and require Department approval, except for exigent termination.
Retirement termination requires 12-month prior submission of retirement laws, notice drafts, and benefits computation.
The Order's provisions apply to local hires of other Philippine government agencies' overseas offices.
Local hires and their relatives are prohibited from engaging in recruitment of migrant workers.
Disputes shall be resolved on case-by-case basis considering Post circumstances, funds, and party interests.

Existing fixed term contracts prior to the Order's effectivity shall be respected until expiration.
Continuing contracts post-expiration must comply with this Order.
Existing indefinite contracts under local law must be amended to conform with this Order.
Posts must submit updated customized contracts within 30 days of the Order's effectivity.
Repeals prior inconsistent Department Orders, Circulars, and regulations.
If any provision is declared unconstitutional, other provisions remain effective.
The Order took effect 15 days after filing with the Office of National Administrative Register.