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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 Hard

Practice question

An alien holds a still-valid permit for Employer A and accepts work with unrelated Employer B. No prior approval has been obtained, and no applicable exception is established. B relies solely on the printed expiry date. Which is best?
  1. Unexpired validity alone does not satisfy Article 41’s prior-approval requirement for employer change.
  2. The expiry date authorizes all employers automatically.
  3. An agreement with B overrides the Code.
  4. Only Employer A may decide the legal requirement.
  5. A higher salary automatically supplies approval.

Legal references

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

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