FAQs
ON THE OMNIBUS GUIDELINES FOR THE ISSUANCE
OF EMPLOYMENT PERMITS TO FOREIGN NATIONALS:
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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?
|
- All foreign nationals who intend
to engage in gainful employment in
the Philippines.
|
Who are exempted from securing
an AEP? |
- The following categories of foreign
nationals are exempt from securing
AEP:
- All members of the diplomatic
service and foreign government
officials accredited by and with
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;
- Foreign nationals elected as
members of the Governing Board
who do not occupy any other position,
but have only voting rights in
the corporations;
- All foreign nationals granted
exemption by law;
- 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;
- 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
- 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? |
- Duly accomplished application form
- Photocopy of passport, with visa
or Certificate of Recognition for refugees
- Contract of Employment/Appointment
or Board Secretary's Certificate of
Election
- Photocopy of Mayor's Permit to operate
business
- Photocopy of current AEP (for renewal)
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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.
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.
An AEP may be suspended by the issuing Regional Office, after due process, based
on the following grounds:
- The continued stay of foreign national may result in damage to the interest
of the industry or the country;
- 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:
- Non-compliance with any of the requirements or conditions by 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 as determined by the Regional Director;
- Foreign national has a derogatory record; and
- 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:
- Motion for Reconsideration with the issuing Regional Office and/or appeal
to the Office of the Secretary.
- 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.
- 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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