Foreign nationals who intend to work in the Philippines are now required to secure a Certificate of No Objection from the labor department before they can be issued the appropriate visa and permits from concerned government agencies.
The rule is spelled out in Department Order No. 205, series of 2019 or the ‘Implementing Guidelines on the Issuance of Certificate of No Objection on the Applications for Work-Related Permits, Visas, and Authorities of Foreign Nationals’ issued by Labor Secretary Silvestre Bello III.
A CNO is necessary to prove that no individual objects or protests against the interest of the foreign nationals to work in the Philippines and perform their desired jobs.
The guidelines cover personnel, participants, trainees, professors, technicians, and fellows entitled to 47(a)(2) visa under certain entities and programs of the Codified Visa Rules and Regulations of 2002 of the DFA, and foreign nationals employed and/or seconded in a foreign enterprise that has existing agreement, understanding or document of similar nature with the Philippine government agencies.
Foreign applicants are required to submit to the DOLE Regional Offices, which has jurisdiction on their intended area of worksite, a letter request from the foreign enterprise/ entity or project implementer; photocopy of passport bio page and entry visa/ latest admission with valid authorized stay, and a certified true copy of notarized contract of employment between the foreign national and its enterprise/ entity.
The DOLE Regional Office shall grant or deny the issuance of CNO to the foreign national applicant within three working days after the receipt and evaluation of the complete documentary requirements and payment of the corresponding fee.
The DOLE regional director may deny the request for CNO of a foreign national if the labor department has received a meritorious objection or information on the employment of the applicant; misrepresentation of facts and submission of fraudulent documents; and derogatory information from the National Intelligence Coordinating Agency (NICA).
Meanwhile, those who are exempted from securing CNO from DOLE are scholars, students, volunteers and personnel of International Organizations entitled to 47(a)(2) visa, foreigners exempted under Sec. 7 of the JMC No. 001, s. of 2019, and those who are required to secure an Alien Employment Permit (AEP).