FAQs ON THE OMNIBUS GUIDELINES FOR THE ISSUANCE OF EMPLOYMENT PERMITS TO FO


FAQs ON THE OMNIBUS GUIDELINES FOR THE ISSUANCE OF EMPLOYMENT PERMITS TO FOREIGN NATIONALS:

What is an Alien Employment Permit (AEP)?

An Alien Employment Permit is a document issued by the Secretary of Labor and Employment through the DOLE - Regional Director, who has jurisdiction over the intended place of work of the foreign national, authorizing the foreign national to work in the Philippines.


Who are the foreign nationals required to apply for an AEP?
  1. Foreign nationals seeking employment in the Philippines whether they are non-residents or refugees;
  2. Foreign professionals who are allowed to practice their profession in the Philippines under reciprocity and other international agreements and in consultancy services pursuant to Section 7(j) of the PRC Modernization Act of 2000.
  3. Holders of Special Investors Resident Visa (SIRV), Special Retirees Resident Visa (SRRV), Treaty Traders Visa (9d) or Special Non-Immigrant Visa (47(a)2) for as long as they occupy any executive, advisory, supervisory, or technical position in any establishment.


Who are exempted from securing an AEP?
  1. Members of the diplomatic services and foreign government officials accredited by the Philippine government;
  2. Officers and staff of international organizations of which the Philippine government is a cooperating member, and their legitimate spouses desiring to work in the Philippines;
  3. Foreign nationals elected as members of the Governing Board who do not occupy any other position, but have only voting rights in the corporation;
  4. All foreign nationals granted exemption by special laws and all other laws that may be promulgated by the Congress;
  5. Owners and representatives of foreign principals, whose companies are accredited by the Philippine Overseas Administration (POEA), who come to the Philippines for a limited period solely for the purpose of interviewing Filipino applicants for employment abroad (DO 26-02);
  6. Foreign nationals who come to the Philippines to teach, present and/or conduct research studies in universities and colleges as visiting, exchange or adjunct professors under formal agreements between the universities or colleges in the Philippines and foreign universities or colleges; or between the Philippine government and foreign government; provided that the exemption is on a reciprocal basis (DO 41-03); and
  7. Resident foreign nationals employed or seeking employment in the Philippines (DO 41-03).



Where shall an application for an AEP be filed?

An application for AEP shall be filed personally or through their respective employer with the DOLE Regional Office having jurisdiction over the intended place of work.
In case of foreign nationals to be assigned in subsidiaries, branch offices and joint ventures, and those assigned in the headquarters with oversight functions in any of the branch offices, operations or projects in the country, they may file their application in any of the DOLE Regional Offices nearest their place of work (DO 19-02).


What are the requirements in the filing for application for AEP?

  1. Documentary requirements
    1. For NON-RESIDENT Foreign Nationals
      • For NEW application:
        • For elective position:
          1. Letter request
          2. Application Form duly accomplished
          3. Board Secretary's Certificate on Election of Foreign national
          4. SEC Registration/Articles of Incorporation/By-Laws
          5. Photocopy of Passport with Visa
        • For non-elective positions:
          1. Letter request
          2. Application Form duly accomplished
          3. Curriculum Vitae signed by foreign national
          4. Duly authenticated Contract of Employment/Letter of Appointment
          5. SEC Registration/Articles of Incorporation/By-Laws (for corporation)
          6. BDT Certificate of Registration and Original Application (for single proprietorship)
          7. Joint Venture Agreement (if applicable)
          8. Photocopy of passport with Visa
      • For RENEWAL of AEP
        1. Letter request
        2. Application Form duly accomplished
        3. AEP Card previously issued
        4. Board Secretary's Certificate on Election of Foreign national, for elective position, or Duly authenticated Contract of Employment/Letter of Appointment, for non-elective position
        5. Photocopy of Passport with Visa

    2. For REFUGEES
      • For NEW application
        1. Application Form duly accomplished
        2. Bio-data of the refugee
        3. Marriage contract if married to Filipino
        4. Contract of Employment/appointment including the duties and responsibilities
        5. Certificate from the UNHCR Representative or from the Department of Justice pursuant to DOJ Department Order No. 94, s.1998 that the refugee satisfied with the conditions in No. 2, Article 17, Chapter III of the 1951 UN Convention Relating to the Status of Refugees.
        6. Certificate of No Derogatory Record or Clearance from the Bureau of Immigration (BI)
        7. Endorsement from the Community And Family Services Intl. (CFSI) or any other duly authorized representative of UNHCR
      • For RENEWAL of AEP
        1. Submit updated copies of a, b, d, e, f, and g above, plus AEP Card previously issued.

    3. For holders of SIRV, SRRV, 9(d) and 47(a)2 Visa:
      • For NEW application
        • For elective position:
          1. Application Form duly accomplished
          2. Board Secretary's Certificate on Election of Foreign national
          3. Photocopy of passport with Visa
        • For non-elective position:
          1. Application Form duly accomplished
          2. Appointment
          3. Photocopy of passport with Visa
      • For RENEWAL of AEP
        1. Submit updated copies of a, b, and c, above, plus the AEP Card previously issued.

  2. Fees
    1. Filing fee of P1,000.00 upon filing of application
    2. Publication fee in the amount of P4,000.00 if covered by publication.
    3. Permit fee of P 3,000.00 per year of validity or a fraction thereof, to be paid upon approval of application.

  3. Penalties
    If upon evaluation, a foreign national is found to have worked without a permit prior to application, a penalty of Five Thousand Pesos (P5,000.00) for working without an AEP for one (1) year or less and Ten Thousand Pesos (P10,000.00) for working without an AEP for more than one (1) year.



Who are covered by the publication requirement?

Publication is required for the application of a foreign national who will occupy a technical, advisory or supervisory position.


Who are exempted from publication requirements and the payment of the publication cost?

  1. Non-resident foreign nationals applying for renewal of AEP;
  2. Members of the Governing Board who occupy position in the company, Presidents, Vice-Presidents, General Managers and Treasurers, or those with equivalent positions;
  3. Holders of Special Investors Resident Visa (SIRV), Special Retirees Resident Visa (SRRV), Treaty Traders Visa (9d), or Special Non-Immigrant Visa [47(a)2], who occupy any executive, advisory, supervisory, or technical position in the establishment where the foreign national has investment;
  4. Intra-corporate transferees and officers of foreign-owned companies on secondment or temporary assignment from their mother companies;
  5. Consultants in foreign funded, joint ventures or other public or private projects;
  6. Foreign nationals who, by special laws or international or bilateral agreements which the Philippine government is a signatory, are specifically exempted from the labor market test;
  7. Non-Indo Chinese Refugees;
  8. Elective officers as provided for in the Articles of Incorporation or in the By laws as well as those filled up by election of the Governing Board; and
  9. Foreign nationals assigned in government projects or those assigned in Regional Headquarters and Regional Operating Headquarters of foreign corporations.


If there is no information/objection received within five (5) working days from the publication, what will be the action of the Regional Director?

The Regional Director will issue the AEP.


If there is an objection to the application for AEP published, how will it be resolved?

The Regional Director shall determine as to whether or not an information/objection to the application for AEP has been submitted within five (5) working days after publication. Any information or objection filed after five (5) working days from the date of publication shall not be entertained.

The Regional Director may require the appearance/s of either or both the foreign national and the parties providing the information/objection to the application for AEP. If the objection is meritorious, the Regional Director will deny the application for AEP. If the objection is not meritorious, the Regional Director will grant the AEP.


What is the period of validity of an AEP?

The AEP shall be valid for one (1) year or co-terminus with the duration of employment, consultancy services or other modes of employment or term of office. Said AEP is valid for the position/s and company for which it was issued. In case of assignment in the company's subsidiaries, branch offices and joint ventures and those assigned in the headquarters with oversight function in any of the branch offices, operation or projects in the country, one (1) AEP shall be required and valid for all the said assignments irrespective of their place/s (DO 19-02).


Is the Understudy Training Program (UTP) still required in the issuance of AEP?

No, the UTP is no longer a requirement in the issuance of AEP and the employer has now the option to implement transfer of technology.


What are the bases for the denial of AEP?

An application for AEP may be denied if the applicant does not comply with any of the requirements for the issuance of AEP or for misrepresentation of facts in the application or submission of falsified or tampered documents.


If an application has been denied by the Regional Office, can the foreign national apply for an AEP in other Regional Offices?

No, foreign nationals whose applications have been denied shall not be allowed to re-apply in any of the DOLE Regional Offices.


Is there a remedy for a denied AEP?

Yes, a Motion for Reconsideration and/or an Appeal maybe filed by any aggrieved party.


When shall an application for renewal of AEP be filed?

An application for renewal of AEP must be filed at least fifteen (15) days before its expiration. For elective positions applications must be filed upon election or upon expiration of AEP.

Elective and appointive officers have a grace period of five (5) working days after their election or appointment to file application for renewal of AEP without penalty.


What are the grounds for revocation/cancellation of AEP?

Any of the following is a ground for revocation/cancellation of an AEP:
  1. Misrepresentation of facts or falsification of documents submitted;
  2. The foreign national has been declared undesirable alien by competent authorities;
  3. Non-compliance with the condition for which the AEP was issued;
  4. Failure to renew AEP within one (1) year after its expiration.



Are there fines and penalties relative to the filing of an application for an AEP?

  1. For new application A fine of Five Thousand Pesos (P5,000.00) for working without an AEP for one (1) year or less and Ten Thousand Pesos (P10,000.00) for working without an AEP, for more than one (1) year.

  2. For renewal of AEP A fine of Five Thousand Pesos (P5,000.00) for failure to file the application for renewal of permit within the prescribed period, if filed within six (6) months after the prescribed period, and Ten Thousand Pesos (P10,000.00) if filed after six (6) months; provided that the application is filed within one (1) year after the expiration of AEP.



Download DOLE Directory (.xls file)


Source: http://www.ble.dole.gov.ph/faqs.htm