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Frequently Asked Questions

Who are covered by the publication requirement?

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. All foreign nationals who intend to engage in gainful employment in the Philippines.


Who are exempted from securing an AEP?
  1. The following categories of foreign nationals are exempt from securing AEP:
    1. All members of the diplomatic service and foreign government officials accredited by and with reciprocity arrangement with the Philippine government;
    2. Officers and staff of international organizations of which the Philippine government is a 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 corporations;
    4. All foreign nationals granted exemption by law;
    5. 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 and solely for the purpose of interviewing Filipino applicants for employment abroad;
    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; and
    7. Resident foreign nationals.



Are the holders of 47(a)2, SIRV and SRRV required to secure AEP?

Yes, if they occupy any position in any establishment in the Philippines.

Where shall an application for an AEP be filed?

A foreign national can apply for an AEP with the DOLE Regional Office having jurisdiction over the intended place of work. If the foreign national will be assigned in the different parts of the country, the foreign national can file application with any of the DOLE Regional Offices having jurisdiction in any of the places of work.


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

  1. Duly accomplished application form
  2. Photocopy of passport, with visa or Certificate of Recognition for refugees
  3. Contract of Employment/Appointment or Board Secretary's Certificate of Election
  4. Photocopy of Mayor's Permit to operate business
  5. Photocopy of current AEP (for renewal)


How much is the fee for each application for AEP?

A fee of Eight Thousand Pesos (P8,000.00) for each application for AEP with a validity of one (1) year, or a fraction of one year shall be paid to the DOLE-Regional Office upon filing of application.

If employment is more than one (1) year, an additional Three Thousand Pesos (P3,000.00) shall be charged for every additional year of validity or a fraction thereof.

How much fee is paid for renewal?

In case of renewal, the applicant shall pay a fee of Three Thousand Pesos (P3,000.00) for each year of validity or a fraction thereof.

 

How long will it take to process an AEP?

An AEP shall be issued within 24 hours or on the following working day after compliance with all the documentatry requirements and payment of required fees, and fines if there is any.

Who are not allowed to re-apply for an AEP?

A foreign national whose application for AEP has been denied/cancelled/revoked shall not be allowed to re-apply in any of the DOLE Regional Offices, unless said foreign national has provided proof that the ground for denial/cancellation/revocation has been corrected.

 

Is the AEP renewable?


Yes, a foreign national shall file application for renewal of an AEP on or before its expiration. Application for renewal of expired AEP shall be considered as a new application.

For corporate officers whose election or appointment takes place on or before expiration of AEP, application shall be filed not later than ten (10) working days after election or appointment or before expiration of the AEP.

Can a foreign national renew his/her AEP if the election or appointment takes place after the expiration of AEP?


Yes, a foreign national shall file application for renewal of AEP on or before the expiration of the AEP. In case the foreign national is not re-elected or re-appointed, the AEP shall be automatically revoked.

Is there a grace period for the submission of the Board Secretary Certificate of Election or Appointment?

 

Yes, within ten (10) working days after the date of election or appointment, the foreign national shall submit to the issuing Regional Office the Board Secretary’s Certificate of Election or Appointment.

How long is the validity of an AEP?

An AEP shall be valid for one (1) year, unless the employment contract, consultancy service, or other modes of engagement provides otherwise, which in no case shall exceed five (5) years.


Can an AEP be suspended?

An AEP may be suspended by the issuing Regional Office, after due process, based on the following grounds:
  1. The continued stay of foreign national may result in damage to the interest of the industry or the country;
  2. The employment of the foreign national is suspended by the employer or by order of the Court.


Can a petition for the suspension of AEP be filed with the DOLE?

Yes, a petition for Suspension of AEP may be filed with the issuing DOLE Regional Office and shall be resolved within thirty (30) calendar days from receipt of the petition.


In what grounds shall an AEP be cancelled or revoked by the Regional Director?

After due process, the Regional Director may cancel/revoke the AEP based on any of the following grounds:
  1. Non-compliance with any of the requirements or conditions by which the AEP was issued;
  2. Misrepresentation of facts in the application;
  3. Submission of falsified or tampered documents;
  4. Meritorious objection or information against the employment of the foreign national as determined by the Regional Director;
  5. Foreign national has a derogatory record; and
  6. Employer terminated the employment of the foreign national.



Are there remedies for suspension, cancellation or revocation of AEP?

Yes, an agrieved party may avail of the following:
  1. Motion for Reconsideration with the issuing Regional Office and/or appeal to the Office of the Secretary.
  2. A Motion for Reconsiderration may be filed, within seven (7) calendar days after receipt of the Suspension/Cancellation/Revocation Order, with the Regional Director who shall resolve the same within ten (10) calendar days from receipt thereof.
  3. Orders of the Regional Director may be appealed, within ten (10) calendar days from its receipt, to the Secretary of Labor and Employment whose decision shall be final and unappealable.


Is there a fine imposed to a foreign national working without an AEP?

Yes, the Regional Director shall have the power to order and impose a fine of Ten Thousand Pesos (P10,000.00) for every year or a fraction thereof to a foreign national found working without an AEP or with an expired AEP.



Download info (.pdf file)


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





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