2024 Labor Law, Q1

Zhi Go (Zhi) is a non-resident Chinese national who plans to live and establish a career in the Philippines. Zhi went to the Philippines and applied with the Tarlac Agricultural Products (TAP) as an ordinary farm worker. The TAP hired Zhi because of her diverse set of farming skills. The TAP assigned Zhi in its Bamban Farm. Did TAP lawfully hire Zhi Go as a farm worker? Explain.

Quick check

Under Article 40 of the Labor Code, what permit must a non-resident foreign national obtain prior to working in the Philippines?

What is the primary statutory purpose of the Labor Market Test conducted by the Department of Labor and Employment?

Why was Tarlac Agricultural Products' hiring of non-resident alien Zhi Go as an ordinary farm worker unlawful?

Which government agency is statutorily authorized to issue Alien Employment Permits in the Philippines?

What is the legal effect of engaging a non-resident alien for local employment without an Alien Employment Permit?

Learn more about these topics

1. Alien Employment Permit
Under Article 40 of the Labor Code, any non-resident alien seeking employment in the Philippines, as well as any domestic or foreign employer desiring to engage their services, must obtain an Alien Employment Permit from the Department of Labor and Employment. The permit serves as an administrative regulatory mechanism to protect local labor standards and ensure that foreign nationals are employed only in positions where qualified Filipino workers are unavailable. Working in the Philippines without a valid Alien Employment Permit renders the employment arrangement illegal under labor regulations.

2. Labor Market Test
The Labor Market Test is a mandatory statutory prerequisite before an Alien Employment Permit can be validly issued to a non-resident foreign national. Conducted by the Department of Labor and Employment, the test determines whether there is a person in the Philippines who is competent, able, and willing to perform the services required by the employer. If local workers possess the requisite skills to perform the job duties, the employment permit application for the foreign national must be denied to protect domestic employment opportunities.

3. Alien Employment Restrictions
The employment of non-resident aliens in the Philippines is strictly non-automatic and subject to constitutional and statutory restrictions favoring Filipino labor. Positions involving ordinary manual labor, such as farm work, generally fail the Labor Market Test because competent Filipino citizens are readily available to perform such tasks. Consequently, employers cannot validly hire foreign nationals for routine jobs under the guise of diverse or special skills when the position can be performed by local workers.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026