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Collection And Use Of Information By Working In The Philippines

l Information about your use of this website.

l Information you provide for the purpose of registering with the website .

l Information about transactions carried out over this website, including downloads and financial transactions.

l Information you provide for the purpose of subscribing to the website services.

Use Of Information By Working In The Philippines

l In the administration of this website;

l To personalize the website for you;

l To allow you to access and use the website services;

l To publish information about you on the website;

l To send to you any products that you purchase;

l To supply you with any services that you purchase;

l To send you statements and invoices;

l To collect payment/s from you;

l To send you promotional and marketing communications.

Where Working In The Philippines passes on your personal information to its agents or sub-contractors for any of the above stated purposes, the agent or sub-contractor is contractually obliged to use that personal information in strict accordance with the terms and conditions of this privacy policy.

As well as the disclosures set out above, Working In The Philippines may pass on your personal information if it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing Your Data

Working In The Philippines will take all reasonable ethical, technical and organisational preventative measures to prevent the loss, misuse or alteration of your personal information.

Working In The Philippines always stores all of your personal information on secure servers. State of the art encryption technology protects all information and transactions connected to this website.

International (Cross Border) Data Transfer

All information collected by Working In The Philippines may be stored, processed in and transferred between any of the countries in which Working In The Philippines operates in order to ensure use of the information is in accordance with this privacy policy.

BE AWARE: personal information submitted by you for publication on the website may be available around the world for a long time to come.

By submitting information or transacting business with Working In The Philippines you agree to the International (cross-border) transfer of personal information.

Changes To This Privacy Policy

Working In The Philippines may update this privacy policy from time to time by posting a new version on this website.

It is your responsibility to regularly check this page to ensure you are aware of any changes.

Other Websites

This website contains links to other websites.

Working In The Philippines is not responsible for the privacy policies or practices of any third party.

Contact Working In The Philippines

Direct all inquiries regarding this Privacy Policy to Working In The Philippines

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This website is provided “as is” without any representations or warranties, express or implied. Working In The Philippines makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Working In The Philippines does not warrant that:

l this website will be constantly available, or available at all; or

l the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations Of Liability

Working In The Philippines will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

l [to the extent that the website is provided free-of-charge, for any direct loss;]

l for any indirect, special or consequential loss; or

l for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Working In The Philippines has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Working In The Philippines liability in respect of any:

l death or personal injury caused by Working In The Philippines negligence;

l fraud or fraudulent misrepresentation on the part of Working In The Philippines; or

l matter which it would be illegal or unlawful for Working In The Philippines to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

[You accept that, as a limited liability entity, Working In The Philippines has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Working In The Philippines officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Working In The Philippines officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Working In The Philippines.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

This website disclaimer is based on a precedent created by template-contracts.co.uk and published by freenetlaw.com

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Ownership Of Copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Working In The Philippines [and its licensors].

Copyright License

Working In The Philippines grants to you a worldwide non-exclusive royalty-free revocable license to:

l view this website and the material on this website on a computer or mobile device via a web browser;

l copy and store this website and the material on this website in your web browser cache memory; and

l print pages from this website for your own [personal and non-commercial] use.

Working In The Philippines does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Working In The Philippines prior written permission.

Data Mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by writing to support@workinginthephilippines.com .

Enforcement Of Copyright

Working In The Philippines takes the protection of its copyright very seriously.

If Working In The Philippines discovers that you have used its copyright materials in contravention of the license above, Working In The Philippines may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of Working In The Philippines copyright materials that contravenes or may contravene the license above, please report this by using our Contact Us Form

Infringing Material

If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by using our Contact Us Form

This copyright notice is based on a precedent created by website-contracts.co.uk and published by freenetlaw.com

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The information is a guide only and draws on our personal experiences, your mileage may vary and we do not accept any responsibility for any consequences that result from you visiting this site.

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Working in the Philippines- From the Web Site of The US Embassy, Manila

This information is reproduced here in its entirety under Creative Commons license for the information of all. The original publication can be found at http://manila.usembassy.gov/wwwha006.html#Work

Non-Resident Aliens Who Intend to Work in the Philippines

All foreign nationals seeking admission to the Philippines for the purpose of employment, all non-resident foreign nationals already working in the Philippines, and all non-resident foreign nationals admitted to the Philippines on on-working visas, who wish to work in the Philippines, regardless of the source of compensation and duration of employment are required by the Philippine Department of Labor and Employment (DOLE) to secure an Alien Employment Permit (AEP).

Where to Apply

Foreign nationals can apply for an AEP at the nearest Philippine Embassy or Consulate. Local employers who wish to hire the services of a foreigner can apply on behalf of the foreign national at the nearest Regional Office of the DOLE. Foreign nationals who are already in the Philippines should apply through their prospective employers with the nearest Regional Office of the DOLE. A DOLE AEP frequently-asked-question sheet is available here.

Validity of AEP

The period of validity of an AEP will depend on the nature of the position occupied by the foreign national, whether elective, technical, advisory or supervisory.

Exemptions

All members of the diplomatic services, foreign government officials accredited with the Philippine government, missionaries engaged in missionary work only, members of international organizations such as the Asian Development Bank (ADB), International Rice Research Institute (IRRI) and specialized agencies of the United Nations are exempted from securing an AEP.

NOTE: In support of the UN Spouse Employment Policy, the Philippine government has also exempted the spouses of members of international organizations from securing an AEP. Spouses however, are required to file an application for a Certificate of Exemption from the DOLE’s Bureau of Local Employment (BLE). Missionaries or religious workers who intend to engage in gainful employment are not exempted from securing an AEP.

Penalties

Aliens who are found working without an employment permit as required by law, are penalized with a fine ranging from one thousand pesos (P1,000.00) to ten thousand pesos (P10,000), or imprisonment ranging from three months to three years, or both. In addition to such penalties, any alien found guilty shall be summarily deported upon completion of service of sentence.

Resident Aliens and Immigrants Who Intend to Work in the Philippines

Resident Alien – refers to any foreign national who is allowed by law to reside indefinitely in the Philippines

All foreign nationals admitted to the Philippines as immigrants, who wish to seek employment, and all resident aliens already working in the Philippines, irrespective of the source of compensation and nature and duration of employment are required to secure an Alien Employment Registration Certificate (AERC) from the DOLE’s Regional Office.

Where to apply

The resident alien or the employer shall apply at the nearest Regional Office of the DOLE where the employer-establishment is located. Requirements for application of an AERC can be found at the Bureau of Local Employment website: www.ble.dole.gov.ph.

Validity of AERC

An AERC issued shall be valid only for the position and employer which it was issued, unless otherwise cancelled or revoked for cause.

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The visa gives the holder multiple entry and exit privileges similar to the SRRV (Special Retirement Resident Visa) but without the need to deposit large amounts of money with a local bank for six months. The SVEG holder is allowed to live in the Philippines as a permanent resident and can own and operate a business, according to the existing restrictions placed on all foreigners in business.

While this new visa doesn’t allow you to have 100% of a business that previously required 60% local ownership or gives you the ok to practise a profession on the foreign prohibited list, it does open the doors to those who don’t have a Filipina spouse or wish to get married again merely to live here.

Your business must employ the ten locals in non-domestic roles, so you can’t include your Yaya, maid, driver and yardboy on the payroll. If your employee numbers slip below ten you should contact the Bureau of Immigration immediately and discuss the matter. You won’t be deported in the middle of the night but it does pay to work with the BI proactively.

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The family fish farm or piggery may be a viable business but knowing how to manage your investment and protect your capital is vital. In my book I talk about investment opportunities in the Philippines and highlight many of the dangers. I also talk about whether selling up everything is a good idea in the first place.

I always advise keeping something in reserve. Always have enough for a plane ticket home and NEVER spend it. Never. If things get so desperate you need to spend it to survive, then spend it on what it was put away for, a plane ticket back to where you can sort yourself out.

Should you invest in the Philippines or leave it invested offshore, back home? My advice is to invest offshore and play with the left over in the Philippines. Unless you are a natural businessman and have had a lot of experience running successful businesses back home, be very wary of trying your hand in a foreign country with a very different culture and a language you don’t understand.

Keeping your money offshore also keeps it safe from the relatives you will inherit when you marry. Your new wife may be a perfect companion for you but who knows what her family might do if they sense an opportunity. Remember the recent global meltdown and the dot com crashes of a few years ago eroded the value of investments and savings for many retirees. While the value will creep back over time, meanwhile they might be doing it tough. Imagine how much tougher it would be in a foreign country, with perhaps some personal health issues and an pack of inlaws you don’t trust.

Give things some serious though before committing and remember, you can get money into the Philippines a lot easier than trying to get it back out again.

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Starting a small business in a foreign country requires a lot of research and understanding of local conditions. Most business ventures will also require some capital, but there are many that can be started with a very small amount of money.  Perry and I have both successfully operated a number of small businesses and our experience and advise could be invaluable to anyone contemplating doing the same. We have also had some failures and learning about these can be just as helpful.

First of all you need to realise that at the low end of the ‘investment of capital’ scale, your ROI, or return on investment will be similarly low. Here you are simply buying yourself a job. If you invest more money you will move more into the true business owner category. This means you have a staff working for you and managers you can trust to leave to look after your business while you are absent.

Give some thought to your choice of business. You don’t want to compete with the locals on anything labor intensive unless you hire a few to do the manual work. Who wants to slave in the hot sun all day for five bucks? Anything that will earn a decent return will limit your target market as there might be 90 million people in the country but fewer than half have much in the way of discretionary income.

The upside of starting your own business is that if it doesn’t work out as planned, you can shut it down and move on to the next project. Do give things a decent go but don’t be afraid to change horses midstream, especially if the nag is drowning under you. Dis is da pilipeens and there will be plenty of reasons why something didn’t work out as planned and most will be beyond your control.

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The most important thing to have is the right mindset or attitude. There is work to be had. You do have skills someone will pay you for. Never lose track of these thoughts and you will be successful. To ensure success you might have to adapt what you consider as a suitable job, good conditions, fair pay etc.

The locals work longer for less and put up with more than we would ever suffer. In many ways we are spoilt back home as far as our working conditions are concerned. But you are not ‘back home’, are you? The whole reason for being here looking for a job is because you wanted to change your circumstances and take some chances.

The next important thing to have is a ticket home. Always have enough to get you back to where you came from and NEVER spend it. In 2004 I had to decide whether I hung in there a few more weeks and hopefully the man I was working for would come good with my salary and back pay… or cut and run back home for a few months to find a job, make some cash and keep the family alive. I took my airfare out of the bank and used it for that purpose before everyday living would have eaten into it and left me with far fewer options!

Look for a job long before you need it. People can sense when you are desperate and your chances of success drop dramatically for some reason. If you are in the fortunate position of wanting a job but not yet needing one, for some reason you get swamped with opportunities. It’s a bit like when you are single and can’t get a date then you meet a nice girl and all of a sudden every woman in town is after you.

Timing is everything and what usually happens to me is I get one job offer while still waiting to hear from the better job I applied for at the same time. You can avoid this by going for just the one position at a time, but then you need the luxury of not needing a job right away as mentioned above.

When you do have a job, don’t abuse it. Make sure you save at least 10% of your salary no matter how low the pay is. Pay yourself first, then your debts and then live with your means on what is left. Cut your cloth to suit and you are a free man. You can always resign when you want to and not fear being fired. I try to have three months living expenses stashed away so I can be flexible whether working for a salary or working for myself like I am doing now.

Finally, don’t be too proud to accept things are beyond your control and get the heck out of there. Get back to the States or wherever you can get a job, save up some money and then go back and give it another go if you feel you must. When I had to bail out and head home for four months in 2004 I copped a lot of nasty flak on the bulletin boards I posted on. So what? Remember, those that mind don’t matter and those that matter don’t mind.

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