Frequently Asked Questions · 2018-11-05 · oﬃces and joint ventures, and headquarters with...

FAQsFrequently Asked Questions

A L I E N E M PL OY M E N T P E R M I T

Department of Labor and EmploymentBUREAU OF LOCAL EMPLOYMENT

What is Alien Employment Permit (AEP)?

An AEP is a document issued by the Department of Labor and Employment (DOLE) through its Regional Offices (ROs) as one of the requirements for a foreign national to work in the Philippines.

Who may file an AEP? Foreign nationals, their employers, and/or authorized representatives may file an AEP.

Who are the foreign nationals required to secure an AEP?

The foreign nationals required to secure an AEP are those:

intending to engage in gainful employment in the Philippines with an employer – employee relationship;

allowed by the Professional Regulation Commission (PRC) to practice profession in the Philippines; and

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 any establishment.

a.

b.

c.

Who are exempted from securing an AEP?

Members of the diplomatic service and foreign government officials accredited by and under reciprocity arrangement with the Philippine government;

Officers and staff of international organizations of which the Philippine government is a member, and their legitimate spouses desiring to work in the Philippines;

Owners and representatives of foreign principals whose companies are accredited by the Philippine Overseas Employment Administration (POEA), who come to the Philippines for a limited period solely to conduct interview Filipino applicants for employment abroad;

Visiting, exchange or adjunct professors who will teach, present and/or conduct research studies with formal agreements between the Philippine universities or colleges and foreign universities or colleges; or between the Philippine government and

a.

b.

c.

d.

A L I E N E M P L O Y M E N T P E R M I T

2 Department of Labor and Employment | Bureau of Local Employment

FAQs on the Revised Rules for the Issuance of Alien Employment Permits (DO 186-17)

Where to secure a Certificate of Exclusion?

Certificate of Exclusion can be obtained from the DOLE Regional Office that has jurisdiction over the intended place of work.

Officers and staff of international organizations of which the Philippine government is a member, and their legitimate spouses desiring to work in the Philippines;

Owners and representatives of foreign principals whose companies are accredited by the Philippine Overseas Employment Administration (POEA), who come to the Philippines for a limited period solely to conduct interview Filipino applicants for employment abroad;

Visiting, exchange or adjunct professors who will teach, present and/or conduct research studies with formal agreements between the Philippine universities or colleges and foreign universities or colleges; or between the Philippine government and

e.

f.

g.

foreign government: provided that the exemption is on a reciprocal basis;

Permanent resident foreign nationals and probationary or temporary resident visa holders under Section 13 (a-f) of the Philippine Immigration Act of 1940 and Section 3 of the Alien Social Integration Act of 1995 (RA 7919);

Refugees and Stateless Persons recognized by DOJ ; and

Foreign nationals granted exemption by law e.g. RA 8756, Section 5, Article 60, Para 1, PD 732 Section 2 (c), PD 1590 Section 18.

Who are excluded from securing an AEP?

a.

b.

c.

d.

e.

f.

Members of the governing board with voting rights only and do not intervene in the management of the corporation or daily operation of the enterprise.

President, and Treasurer, who are part owners of the company.

Consultants who do not have employers in the Philippines.

Intra corporate transferee who is a manager, executive or specialist in accordance with Trade Agreements and an employee of the foreign service supplier for at least one (1) year prior to deployment to a branch, subsidiary, affiliate or representative office in the Philippines.

Contractual service supplier who is a manager, executive or specialist and an employee of a foreign service supplier which has no commercial presence in the Philippines.

Representatives of the foreign principal/employer assigned in the Office of Licensed Manning Agency (OLMA) in accordance with the POEA law, rules and regulations.


Department of Labor and Employment | Bureau of Local Employment


What are the requirements for the Issuance of Certificate of Exclusion?

A foreign national must submit the following:

Letter request addressed to the DOLE Regional Director;

Valid business/Mayor’s permit of the Philippine based company or enterprise;

Photocopy of passport (bio page) with valid visa; and

a.

b.

c.

a.

b.

c.

d.

Additional documents shall be required for the following specific categories:

President, Treasurer, and Members of Governing Boards (excluding those listed in the Foreign Investment Negative List):

i. Certified true copy of the updated General Information Sheet (GIS) showing the name and position of the foreign national

ii. Certification that the requesting foreign national is a member of the governing board with voting rights only, will not in any manner intervene in the management and operation of enterprise and with no intention to obtain gainful employment

iii. Board Secretary’s Certificate of Election.

Intra-Corporate Transferee:

i. Contract of Employment from the Origin company including proof of salary

ii. Secondment Agreement

Contractual Service Supplier:

i. Contract of Employment from the origin company including proof of salary

ii. Service contract between the Philippine based company and the foreign company

Consultant

i. Service Contract between the Philippine based company and the consultant or foreign consulting company




When is the Certificate for exclusion be issued?

The Certificate for Exclusion is issued by the Regional Office within two (2) working days after receipt of complete documentary requirements and payment of Five Hundred Pesos (P500) per application.

Who can file for an AEP application?

An application for AEP may be filed by the foreign national, the employer, or an authorized representative.

Where to file an AEP application?

It can be filed at the DOLE Regional Office or Field Office having jurisdiction over the intended place of work of the foreign national.

Foreign nationals to be assigned in subsidiaries, branch offices and joint ventures, and headquarters with oversight functions in any of the branch offices, operations, or projects in the country may file application in any of the DOLE Regional/Field Offices nearest their place of work.

President, Treasurer, and Members of Governing Boards (excluding those listed in the Foreign Investment Negative List):

i. Certified true copy of the updated General Information Sheet (GIS) showing the name and position of the foreign national

ii. Certification that the requesting foreign national is a member of the governing board with voting rights only, will not in any manner intervene in the management and operation of enterprise and with no intention to obtain gainful employment

iii. Board Secretary’s Certificate of Election.

Intra-Corporate Transferee:

i. Contract of Employment of from the Origin company including proof of salary

ii. Secondment Agreement

Contractual Service Supplier:

i. Contract of Employment from the origin company including proof of salary

ii. Service contract between the Philippine based company and the foreign company

Consultant

i. Service Contract between the Philippine based company and the consultant or foreign consulting company

Representative of the Foreign Principal/Employer assigned in the Office of Licensed Manning Agency (OLMA)

i. Letter of Acknowledgment from POEA

e.

Duly accomplished application form. (Download-able at the Bureau of Local Employment website);

Photocopy of Passport with valid visa, except for temporary visitor’s visa in case of renewal or Certifi-cate of Recognition for Refugee or Stateless Persons;

Original copy of notarized appointment or contract of employment enumerating the duties and respon-sibilities, annual salary, and other benefits of the foreign national;

Photocopy of Mayor’s Permit to operate business, Certification from PEZA or the Ecozone Authority if the company is located and operating within economic zone, and in case of a construction company, photocopy of license from PCAB or Registration as Contractor/Sub-Contractor/(DO 174-17) can be submitted in lieu of Mayor’s Permit;

Business Name Registration and Application Form with the Department of Trade and Industry (DTI) or

a.

b.

c.

d.

e.

What are the documentary requirements?




Securities and Exchange Commission (SEC) Registra-tion and General Information Sheet (GIS);

Special Temporary Permit (STP) from the Profession-al Regulation Commission (PRC) if the position title of the foreign national is included in the list of regulated profession; and

Authority to Employ Foreign National (ATEFN) from DOJ or from DENR in case of mining, if the employer is covered by the Anti-Dummy Law.

f.

g.

Duly accomplished application form. (Download-able at the Bureau of Local Employment website);

Photocopy of Passport with valid visa, except for temporary visitor’s visa in case of renewal or Certificate of Recognition for Refugee or Stateless Persons;

Original copy of notarized appointment or contract of employment enumerating the duties and responsibilities, annual salary, and other benefits of the foreign national;

Photocopy of Mayor’s Permit to operate business, Certification from PEZA or the Ecozone Authority if the company is located and operating within economic zone, and in case of a construction company, photocopy of license from PCAB or Registration as Contractor/Sub-Contractor/(DO 174-17) can be submitted in lieu of Mayor’s Permit;

Business Name Registration and Application Form with the Department of Trade and Industry (DTI) or

How much should the applicant pay for the application and processing of AEP?

The applicant shall pay a total fee of Php 9,000.00 for a new AEP with one-year validity period. In case the period of employment is more than a year, the applicant shall pay Php 4,000.00 for every additional year or fraction thereof.

What is the processing period for the issuance of a new AEP?

Upon submission of complete documentary requirements and payment of fees, application for new AEP is processed within 3 working days after publication of the name, position, employer and address, brief description of the function and salary range of the foreign national in newspaper of general circulation.

Is the subsequent employment of a foreign national to a different company allowed?

Yes. Provided that the AEP issued for a particular company is surrendered to the issuing RO and the foreign national applies for a new AEP for the new company/employer.

What is the validity period of an AEP?

An AEP shall be valid for one (1) year for the position and the company for which it is issued and not exceeding three (3) years.

How many AEPs can be issued to a foreign national?

A foreign national is issued only one (1) AEP at any given time.

Assignments in the company’s joint ventures, affiliates, subsidiaries or branch offices are allowed and covered by one (1) AEP irrespective of the place/s of assignment.




Is the foreign national required to secure another AEP in case of additional position in the same or related company during the validity of the AEP?

No. Foreign national need not secure another AEP but the additional position/s must be published by the concerned RO and requires the payment of a Php 4,000.00 publication fee.

Should the foreign national secure a new AEP in case the employer transfers to another region?

No. The AEP remains valid until the expiration date. Upon expiration, the foreign national must apply for a renewal at the concerned RO.

What is the processing An application for renewal of AEP is processed within 24 hours upon receipt, together with documentary

Is the foreign national allowed to have several employment in different/other companies?

No. Simultaneous employment of a foreign national in different companies is prohibited.

An application for renewal of AEP must be filed not earlier than sixty (60) days before its expiration.

In case the foreign national needs to leave the country or under similar circumstance, the applica-tion may be filed earlier than the 60-day period.

In case appointment or election of foreign national as officer takes place before the expiration of AEP, the application must be filed not later than fifteen (15) working days after appointment, or before its expiration, whichever comes later.

In case the appointment or election takes place after expiration of AEP, the application for renewal must be filed before the expiration of the AEP which can be renewed for one (1) year.

a.

b.

c.

d.

When should an application for renewal of AEP be filed?




What is the penalty for working without a valid AEP?

A fine of Php 10,000.00 for every year or a fraction thereof, shall be imposed upon each foreign national found working and employer found employing without a valid AEP, respectively.

Any employer found to have failed to pay the above stated penalty shall be disallowed to employ any foreign national for any position in the said company.

What is the processing Application for renewal of AEP is processed within 24 hours upon receipt together with documentary

period of the application for renewal of AEP?

requirements.

Can an AEP application be denied?

Yes. The Regional Director may deny the application on the following grounds:

a.

b.

c.

d.

e.

f.

g.

misrepresentation of facts in the application;

submission of falsified documents;

the foreign national has been convicted of a criminal offense or a fugitive from justice in the country or abroad;

grave misconduct in dealing with or ill treatment of workers;

availability of a Filipino who is competent, able and willing to do the job intended for or being performed by the foreign national;

worked without valid AEP for more than a year; or

application for renewal with expired visa or temporary visitor’s visa.

Can an AEP application be cancelled or revoked?

Yes. After due process, the Regional Director may cancel or revoke based on the following grounds:

a.

b.

c.

d.

non-compliance with any of the requirements or conditions for which the AEP was issued;

misrepresentation of facts in the application;

submission of falsified or tampered documents;

meritorious objection or information against the employment of the foreign national;




Is there a remedy for a denied/cancelled/revoked AEP?

Yes. The aggrieved foreign national or his authorized representative may file an appeal with the Secretary of DOLE within 10 days after receipt of copy of denial/cancellation/revocation order.

The decision of the DOLE Secretary is final and executory unless a motion for reconsideration is filed within ten (10) days after receipt of the decision.

What is the effect of denial/cancellation/revocation of AEP?

It depends on the basis of cancellation/revocation.

If the ground is (a) conviction of criminal offense or fugitive from justice in the country or abroad; or (b) grave misconduct in dealing with or ill treatment of workers, foreign national is disqualified to re-apply within a period of ten (10) years from date of the order denying, cancelling or revoking the AEP.

If the ground is (a) misrepresentation of facts or (b) submission of falsified document, foreign national is disqualified to re-apply within a period of five years from the date of denial or cancellation thereof.

What is the effect of a fraudulent filing of an AEP application by a foreign national or their or their employer’s agent/s or representative/s?

The foreign national, employer, employer’s or foreign national’s representatives or agents found to have filed a fraudulent AEP application for three (3) counts is barred from filing an application for a period of 5 years after due process.

e.

f.

g.

h.

foreign national has been convicted of a criminal offense or a fugitive from justice;

employer terminated the employment of foreign national;

grave misconduct in dealing with or ill treatment of workers; and

failure of the foreign national to submit the Board Secretary’s Certification to the Regional Office within fifteen (15) working days after the date of appointment or election.




If an application is denied or cancelled by the RO on any of the grounds, may the foreign national apply for an AEP in other ROs?

Yes, provided that the foreign national has presented evidentiary proof that the ground for denial/cancellation/revocation has been corrected.

Can a foreign national immediately start to work upon the issuance of an AEP?

No. The foreign national must have a valid visa to be able to work legally in the Philippines.

Can we provide other information against a foreign national?

Information on criminal offense and grave misconduct in dealing with or ill treatment of workers maybe filed anytime with the ROs.

How to apply for a replacement of a lost AEP?

A foreign national can request for a replacement of a lost AEP by filing a letter request supported by an Affidavit of Loss and payment of Php 1,500.00 to the RO that issued the lost AEP.

Is there a limit on the employment of foreign nationals by a company?

Yes. A company located in economic zones can employ foreign nationals provided that the total number be not more than 5% of its total manpower.

What is the purpose of publication?

To inform the public that a foreign national is applying for an AEP. Also, any interested party may file an objection to the RO within 30 days after publication.

What is the so called Labor Market Test?

It is the determination of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the foreign national is desired through publication in newspaper of general circulation, DOLE website and posting in PESO the foreign national’s name position, employer, and address, a brief description of functions, qualifications, monthly salary range and other benefits thereof.

10




For more information you may visit our website at:

www.ble.dole.gov.ph

BUREAU OF LOCAL EMPLOYMENT6F First Intramuros BF Condominium Bldg.,

Solana St. cor. A. Soriano Ave., Intramuros, Manila

or you may contact us attel. no: 528-0083; fax no: 527-2421

email address: [email protected]


NCR967 Maligaya St.,Malate, Manila(02) [email protected]

CARCabinet Hill, Baguio City(074) [email protected]@yahoo.com

REGION 1Arnel Building, Mabini St., CatbangenSan Fernando City, La Union(072) 607-9981, (072) [email protected]

REGION 2Regional Government CenterTuguegarao City, Cagayan(078) [email protected], [email protected]

REGION 3Diosdado Macapagal Regional Gov’t Center, San Fernando, Pampanga(045) [email protected]

REGION 4-A CALABARZON3rd and 4th Floors, Anderson Bldg. II, Parian, Calamba City, Laguna(049) [email protected]

REGION 4-B MIMAROPA3F Confil Bldg., Roxas Dr. cor. Sampaguita St., Calapan City(043) [email protected]

REGION 5Doña Aurora St., Old AlbayLegaspi City(052) 480-3058, (052) [email protected]

REGION 6Swan Rose Bldg., Commission Civil St.,Jaro, Iloilo City(033) 320-8026, (033) [email protected]

REGION 73F & 4F, DOLE-RO 7 Bldg., Gen. Maxilom Ave. cor. Gorordo Ave., Cebu (032) 266-9722, [email protected][email protected]

REGION 8DOLE Compound, Trece Martires St.Tacloban City(053) 325-6293, [email protected]@yahoo.com

REGION 93rd Floor QNS Bldg., Vet. Ave. Ext.,Tumaga Rd., Zamboanga City(062) [email protected]

REGION 10Monte Carlo Bldg., RER Phase I, Kauswagan National Highway, CDO(088) [email protected]

REGION 114F, AMQ Bldg., Dacudao Ave. cor. Lakandula St., Agdao, Davao City(082) 227-4289, (082) [email protected]

REGION 12102 Acepal Bldg., Mabini Extension,Koronadal City(083) 520-0125, (083) [email protected]

CARAGANimfa Tiu Bldg., III,J.P. Rosales Avenue, Butuan City(085) 342-9503, (085) [email protected]

DEPARTMENT OF LABOR AND EMPLOYMENT REGIONAL OFFICES





Department of Labor and EmploymentBUREAU OF LOCAL EMPLOYMENT

6F First Intramuros BF Condominium Bldg.,Solana St. cor. A. Soriano Ave., Intramuros, Manila

October 2018

Frequently Asked Questions · 2018-11-05 · oﬃces and joint ventures, and headquarters with...

Documents

Transcript of Frequently Asked Questions · 2018-11-05 · oﬃces and joint ventures, and headquarters with...