Labor recruitment and provision of personnel, overseas
Labor recruitment and provision of personnel overseas.
Excludes
- Activities of personal theatrical or artistic agents or agencies (class 7810 exclusion) 7490
Foreign ownership
Foreign equity in this activity is capped at 25% under the Negative List. A local corporation with structured local control is the usual route to the local market.
Legal basis: FINL A.12 · Article 27 of PD No. 442
Recommended route
Local corporation, structured control
Foreign equity up to 25%, with a structured local-control arrangement
Joint venture
A Filipino partner holds the balance above the 25% ceiling
Entity types
Which structure fits depends on your goal. Rows that suit this activity are highlighted. Open a row for the full detail.
| Structure | 100% foreign | Sell locally | No PH partner | No capital floor | No entity | Min. capital |
|---|---|---|---|---|---|---|
| Domestic corporation | ✓ | ✓ | ✓ | ✕ | ✕ | USD 200k |
| One Person Corporation | ✓ | ✓ | ✓ | ✕ | ✕ | USD 200k |
| Branch office | ✓ | ✓ | ✓ | ✕ | ✕ | USD 200k |
| Representative officeFits | ✓ | ✕ | ✓ | ✕ | ✕ | USD 30k |
| Local corporation, minority foreignFits | ✕ | ✓ | ✕ | ✓ | ✕ | Lower / none |
| Employer of RecordFits | – | ✕ | ✓ | ✓ | ✓ | None |
| Product holdingFits | – | ✓ | ✓ | ✓ | ✓ | None |
Registration path
- 1
SEC
Incorporate the entity
- 2
BIR
Tax registration and books
- 3
LGU
Barangay clearance and Mayor’s permit
- 4
Regulator
Sector license, if the activity needs one
Emerhub files each step with the government; you provide the documents and information.
Minimum paid-up capital
| Situation | USD | PHP |
|---|---|---|
| Domestic-market enterprise (>40% foreign)Paid-up capital for foreign equity above 40% serving the local market. Legal basis: FIA (RA 7042 as amended). | $200,000 | ≈ ₱11.4M |
| Reduced thresholdAt least 50 direct employees, or advanced technology. Legal basis: FIA (RA 7042 as amended). | $100,000 | ≈ ₱5.7M |
| Export enterpriseExports at least 60% of output. Legal basis: Corporation Code (RA 11232). | ≈ $88 | ₱5,000 |
| Retail trade enterpriseMinimum paid-up capital for foreign retail. Legal basis: RA 11595. | ≈ $439k | ₱25,000,000 |
Bold is the figure the law sets; the other column is an approximate conversion at ₱57 to USD 1.
Licenses & product holding
Alongside SEC incorporation, this activity needs the following regulatory license or product registration before it can legally operate in the Philippines.
- Sector license
DMW License - Overseas Recruitment Agency
Overseas labor recruitment and placement agencies must hold a license from the Department of Migrant Workers (DMW) under the Department of Migrant Workers Act (RA 11641) and the Migrant Workers and Overseas Filipinos Act (RA 8042, as amended by RA 10022).