Short answer. Potentially, yes. Article 40 of the Labor Code generally requires an employment permit based on a determination that no competent, able, and willing Filipino is available. But for an enterprise registered in preferred areas of investments, the permit may instead be issued upon recommendation of the government agency supervising that enterprise.

What the law says

Any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor

Labor Code, Article 40 — Work Permits For Foreigners. Read the full provision →

What the law says

a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired

Labor Code, Article 40 — Work Permits For Foreigners. Read the full provision →

What the law says

For an enterprise registered in preferred areas of investments, said employment permit may be issued upon recommendation of the government agency charged with the supervision of said registered enterprise

Labor Code, Article 40 — Work Permits For Foreigners. Read the full provision →

The general rule for hiring a foreign worker

Article 40 of the Labor Code sets the baseline requirement for employing a foreign worker: "Any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor." That permit is not automatic — the article ties it to "a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired."

The alternate path for preferred investment enterprises

The article then adds a distinct route for a specific category of employer: "For an enterprise registered in preferred areas of investments, said employment permit may be issued upon recommendation of the government agency charged with the supervision of said registered enterprise." That is a different basis for issuing the permit than the general non-availability determination described above — a recommendation from the enterprise's own supervising government agency, rather than the Department of Labor working through the standard availability inquiry.

Why this functions as an easier path

The general rule requires proving a negative — that nobody in the Philippines is competent, able and willing to do the job — before a permit issues. The preferred-enterprise route substitutes something different: a recommendation from the government agency already supervising that enterprise. Relying on an agency that already oversees the enterprise, rather than running a fresh non-availability determination each time, is a materially different route to the same employment permit, built around the supervising agency's own oversight rather than a fresh case-by-case inquiry.

What this doesn't guarantee

None of this makes the permit automatic or removes the requirement altogether. The article says the permit "may be issued upon recommendation," which leaves room for judgment rather than promising approval to every enterprise that holds preferred-investment registration. The article also does not name which agency counts as the one "charged with the supervision" of a given enterprise, or spell out what the recommendation itself must contain — those specifics depend on the particular registration and the rules that govern it.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.