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Philippine Bar review · Question

Practice question: Employment of Nonresident Aliens (DO 248, as amended by DO 248-A, s. 2025 and 248-B, s. 2026)

Multiple Choice Medium

Practice question

A foreign company hires an alien for employment in the Philippines and argues foreign incorporation alone removes Article 40 coverage. Which is sound?
  1. Foreign incorporation supplies complete exemption.
  2. Only Filipino-owned employers need any permit.
  3. A foreign employer may ignore every labor law.
  4. The statute expressly includes a foreign employer in that situation.
  5. The worker’s private agreement repeals Article 40.

Legal references

  • Labor Code Articles 13(b), 40-41: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html

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