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1
Meet Your Neighbors / Re: New member saying Hello
« Last post by codefreeze on Today at 12:34:23 AM »
...
Here is DOLE's definition:

gainful employment shall refer to a state or condition that creates an employer- employee relationship between the Philippine based employer and the foreign national where the former has the power to hire or dismiss the foreign national from employment, pays the salaries or wages
...

That's a relief! I have been a remote worker for many years and have actually from time to time from Thailand, Malaysia and Philippines while employed by my UK-based employer. It's always been a bit of a grey area but I think that text you quoted clarifies things.
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Expat life in Philippines / Re: The Philippines verses first world
« Last post by Hestecrefter on Today at 12:25:50 AM »
A few more I have noticed include:

(i) On making a phone call, particularly to a business, being put on hold and told "for awhile".

(ii) First names are abbreviated in speech to the last syllable, not the first.  For example, where I come from, people would use "Rey" as short for "Reymar".  In the Phils they call him "Mar".  Ruby becomes "By" (pronounced "Bee"), etc.

(iii) The use of the phrase "I shall be the one to do it."

(iv)  No self-serve gas stations.

(v)  Ubiquitous roadside places with a large tire, usually painted white, with black letters, offering "vulcanizing", for tire repair.

(vi) Triceys (tricies?, or however one might spell the word they commonly use for "tricycle", which is a motorcycle (a.k.a. motor - with the emphasis on the last syllable) with a distinctly Filipino type of sidecar.

(vii) Adding an "s" to words.  I am used to living in a house with lots of furniture.  There, it would be lots of furnitures, jewelries, etc.

(viii) "open" the tv; "close" the light, etc.

(ix) Storing food, which should properly be stored in the "ref", in the microwave oven instead.

(x) While not a rice cooker, places where I lived in the Phils seemed to run 24/7 a kind of hot water dispenser that was periodically topped up with cold water and one could get hot water out of it by pumping, pressing a large button on the top.

(x) Cock fights.

(xi) Roosters moored to posts, old tires standing upright or various teepee structures.

(xii) In the "province", carabao and horses roaming about among the homes, it not being clear who owns them, where they are coming from or where they are going. 

(xii) Soft drinks purchased with the seller retaining the bottle and the purchaser getting the drink in a plastic bag with a straw.

(xiii) Ice, not made in cubes, but made in plastic sleeves like condoms.

(xiv) User444 mentioned the rampant age discrimination.  It extends to appearance as well.  I recall seeing ads such as "Candidates must be female, 21 to 30 years old, slim" etc.  If both sexes were eligible to apply, there was often some differentiation between male and female candidates, such as "female, not over 35 years old, male not over 40".  That kind of stuff would be so against the law where we live.


3
Meet Your Neighbors / Re: New member says Hi
« Last post by codefreeze on Today at 12:16:08 AM »
The responses have provided a lot of food for thought. Thanks.

For me the attraction of splitting time between the US and Philippines is the prospect of a change in scenery when you need it. There are some activities that I can only enjoy in the US, so I would want to be here during the parts of the year that are most conducive to those activities, but I am certain I would look forward to a change in scenery before too long. Likewise, after several months in the RP, I would look forward to getting back to the US.

So I am considering ideas like buying a home (single family home, condo/townhouse, or apartment - TBD) in the US that I could lease or put on AirBnb when I was in the RP, where I would rent. So this lifestyle could to some extent be self-financing.

Obviously there are numerous details to be worked out but that's where I'm at now.

Thanks again for the responses.

I think this sounds like a decent plan.

One thing to consider - you don't want to be in a situation where you *can't* return due to an incumbent tenant. It's cool if you can come and go as you please without having to get the timing right around tenants. Either you have a separate place for tenants, or you can exist in situ with the tenant if there's a self-contained suite. We went for the latter option because it's cheaper and we only rent out the suite to people we know personally. That way they act as cat-sitter and house sitter while we are away, but also contribute a decent wedge per month in rent, and we can come and go as we please.

As you say it's all in the details - and the details can make a big difference. For example with our arrangement we can earn up to £7,500 *tax-free* rent under the UK govs rent a room scheme, whereas if we had bought a buy-to-let we would have clobbered for an eye-watering stamp duty surcharge, plus buy-to-let mortgages are no longer deductible thanks to George Osborne, and then you would be clobbered again for capital gains tax (28% for residential property) when you sold the buy-to-let! You are in US so obviously your specific details will be different...


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Meet Your Neighbors / Re: New member saying Hello
« Last post by User444 on April 25, 2019, 11:54:57 PM »
No need to go to the BI office. Found the answer online.

Here is DOLE's definition:
http://www.ble.dole.gov.ph/downloads/issuances/DO%20186-17%20Revised%20Rules%20For%20The%20Issuance%20Of%20Employment%20Permits%20To%20Foreign%20Nationals.pdf

gainful employment shall refer to a state or condition that creates an employer- employee relationship between the Philippine based employer and the foreign national where the former has the power to hire or dismiss the foreign national from employment, pays the salaries or wages

So the rule is that "All foreign nationals who intend to engage in gainful employment in the Philippines shall apply for AEP."

What is gainful employment? Working for a Philippine based employer

So we can write it as follows:
"All foreign nationals who intend to create an employer- employee relationship with a Philippine based employer in the Philippines shall apply for AEP."

That does not apply to me. Does every foreign businessman break the law when he comes to the Philippines for vacation, goes to the beach, sits in his hotel room and connects through a VPN to his employer back home to work on some files? No. Does he have to get an AEP for that work?

But wait a minute. He is working while he's located in the Philippines. Criminal! No, wait. DOLE's definition says that he is not working for a Philippines based employer and does not need an AEP.

I'm not trying to prove my case to you. And I know you guys are trying to be helpful. I appreciate that. But hopefully this will help a future member who reads this 10 years from now. An AEP is not required if you do not work for a Philippines based employer.
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Meet Your Neighbors / Re: New member saying Hello
« Last post by Peter on April 25, 2019, 05:22:41 PM »
The key word here is “in”. Work in the Philippines. Does BI mean work for a company in the Philippines or does it mean any type of work? Their website clears up this confusion.

http://boi.gov.ph/ufaqs/14-as-an-investor-what-visa-can-be-issued/
Work Permit section
In general, a foreign national seeking employment in the Philippines, whether resident or non-resident, must secure an Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE).

A local employer who wishes to employ a foreign national must apply on the foreign national’s behalf with the DOLE for the permit. The petitioning company must prove that the foreign national possesses the required skills for the position and that no Filipino is available who is competent, able and willing to do the specific job for which the foreign national is desired.

You can see that BI means working for a company in the Philippines. The company must apply for the AEP on my behalf. I don’t work for a local company. We must look at the intent of BI and not assume “work in” means any work done in the Philippines. Of course, BI could change their definition at any time but that’s the way I’m reading it (and their website shows that).
 

A 9(G) visa allows foreigners to enter the Philippines to engage in a lawful occupation. In general, it must be shown that the services of the foreigner are indispensable to the management, operation, administration or control of local or locally based firms. Companies must petition for their employees to obtain this visa.

Alien Employment Permit (AEP)

An Alien Employment Permit (AEP) is a document issued by the Philippines Department of Labour and Employment that allows a foreign national to work in the Philippines. This is normally applied for in tandem with a 9(G) employment visa.

An employee must be petitioned by his/her company and it must be shown that no person in the Philippines is willing or competent to perform the service for which the foreign national is hired.


Unfortunately, I think you are applying western logic to your reading of the BI guidelines. If you carry out paid employment while physically in the Philippines, you'd better have the correct paperwork, or you could be up sh*t creek with out a paddle.

Go to the BI area office in your area and ask for guidance. Get it in writing!

IMHO of course.

Peter
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Expat life in Philippines / Re: The Philippines verses first world
« Last post by User444 on April 25, 2019, 03:15:38 PM »
21. Fast food hotline (You can call one main number and they will place the order with the store and deliver it to you. You don't have to call your local restaurant directly)
22. 13th month pay (It's like a bonus but it is required by law)
23. Mixing up he and her (I have been called Ma'am far too many times; or her)
24. Age discrimination (I have seen Jollibee ads for 20-30 year old ladies. If you're a 40 year old man, you're not working there)
25. Sweet spaghetti
26. Hand respect to elders (mano po)
27. Dirty kitchen
28. Godparents (and multiple sets of them)
29. shuffling of feet (I call it the FW - Filipino Walking. You have your OFW and FW)
30. Fast food places run out of food (I've been to KFC twice and they didn't have chicken meals. McDonald's runs out of ice cream all the time)
31. The sales person says out loud the amount of money that you just handed them
7
Meet Your Neighbors / Re: New member saying Hello
« Last post by User444 on April 25, 2019, 03:01:23 PM »
The key word here is “in”. Work in the Philippines. Does BI mean work for a company in the Philippines or does it mean any type of work? Their website clears up this confusion.

http://boi.gov.ph/ufaqs/14-as-an-investor-what-visa-can-be-issued/
Work Permit section
In general, a foreign national seeking employment in the Philippines, whether resident or non-resident, must secure an Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE).

A local employer who wishes to employ a foreign national must apply on the foreign national’s behalf with the DOLE for the permit. The petitioning company must prove that the foreign national possesses the required skills for the position and that no Filipino is available who is competent, able and willing to do the specific job for which the foreign national is desired.

You can see that BI means working for a company in the Philippines. The company must apply for the AEP on my behalf. I don’t work for a local company. We must look at the intent of BI and not assume “work in” means any work done in the Philippines. Of course, BI could change their definition at any time but that’s the way I’m reading it (and their website shows that).
 

A 9(G) visa allows foreigners to enter the Philippines to engage in a lawful occupation. In general, it must be shown that the services of the foreigner are indispensable to the management, operation, administration or control of local or locally based firms. Companies must petition for their employees to obtain this visa.

Alien Employment Permit (AEP)

An Alien Employment Permit (AEP) is a document issued by the Philippines Department of Labour and Employment that allows a foreign national to work in the Philippines. This is normally applied for in tandem with a 9(G) employment visa.

An employee must be petitioned by his/her company and it must be shown that no person in the Philippines is willing or competent to perform the service for which the foreign national is hired.
8
Meet Your Neighbors / Re: New member saying Hello
« Last post by Steve & Myrlita on April 25, 2019, 05:42:11 AM »
Ok, I thought the work permit was needed for working for a company in the PH. For the BB visa, that means you couldn't work for a company in the Philippines. I work for an American company for American students. Can tourists who travel to the PH on a tourist visa work for their companies back home while on vacation?
To work in the Philippines you will need one of the following:

Work Visa (9G) or Perm Resident Visa 13 series.
On the 9G, you will also need an AEP (Alien Emp Permit) from DOLE (Dept of Labor and Emp). If you get married and get a 13A, you're all set. You won't need an AEP.

Make sure you secure one of the above before working. The BI is cracking down and if caught without, jail, deported & perm blacklisting. You do not want that. Take care.
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Relationships / Re: surprise visit
« Last post by User444 on April 25, 2019, 04:54:23 AM »
How was the surprise?
10
Meet Your Neighbors / Re: New member saying Hello
« Last post by User444 on April 25, 2019, 12:15:55 AM »
Ok, I thought the work permit was needed for working for a company in the PH. For the BB visa, that means you couldn't work for a company in the Philippines. I work for an American company for American students. Can tourists who travel to the PH on a tourist visa work for their companies back home while on vacation?
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