Text of the provision
Art. 41. Prohibition against transfer of employment. After the issuance of an employment permit, the alien shall not transfer to another job or change his employer without prior approval of the Secretary of Labor. Any non-resident alien who shall take up employment in violation of the provision of this Title and its implementing rules and regulations shall be punished in accordance with the provisions of Articles 289 and 290 of the Labor Code. In addition, the alien worker shall be subject to deportation after service of his sentence.
Labor Code of the Philippines, Presidential Decree No. 442, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.
What this article means
Once a permit is issued, the foreign worker cannot switch jobs or employers without prior approval from the Secretary of Labor. A non-resident alien who works in violation of these rules is punished under Articles 289 and 290 and, after serving sentence, is subject to deportation.
Questions about this provision
- Can a foreign worker with an employment permit transfer to another company?
- What happens to a foreigner caught working in the Philippines without an employment permit?
Related provisions
- Article 40 — Work Permits For Foreigners.
- Article 43 — Objective Of Human Resources Development.
A note on article numbers. The articles of the Labor Code have been administratively renumbered, so the same provision is often cited under a different number. Supreme Court decisions write both, in the form “Article 297 [282]” — the new number first, the original in brackets. The text on this page is published under its original number, which is the numbering both source texts use. When citing, check which numbering your source follows.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.