On January 6, 2021, the Department of Labor and Employment issued the Revised Rules and Regulations for the Issuance of Employment Permits to Foreign Nationals (Department Order No. 221, Series of 2021) regarding the application for an Alien Employment Permit.
While it is the policy of the state to promote the preferential use of Filipino labor, there are opportunities for employment for foreign nationals when there is a determination of the non-availability of a Filipino citizen who is competent, able, and willing to perform the services for which the foreign national is desired. This is, however, subject to strict regulation by the Department of Labor and Employment to ensure that the interests of Filipino workers are safeguarded.
A foreign national who intends to engage in gainful employment in the Philippines must secure an Alien Employment Permit (AEP). Applications for AEP shall be filed at the DOLE Regional Office concerned within ten (10) days from the date of signing of the employment contract or prior to the commencement of employment. A detailed list of all documentary requirements can be found in the full text of Department Order 2020-211. (See link below.)
A fee of Php10,000.00 required upon the filing of the application for an AEP with a validity of one (1) year inclusive of publication fee of Php4,000.00. If the intended period of employment is more than one (1) year, an additional Php5,000.00 shall be charged for each year or a fraction thereof. The same charge is applied in the case of renewal of the AEP.
The processing period for AEP application shall be five (5) working days after publication of the Labor Market Test (LMT) to determine the non-availability of a Filipino citizen who is competent, able, and willing to perform the services of the position. As necessary, the DOLE Regional Office may conduct a verification to establish the employer company’s existence and legitimacy of the application based on the documents submitted.
A foreign national may only be issued one (1) AEP at any given time during its validity. The AEP shall be valid only as to the position and company for which it was issued for a period of one (1) year, unless a longer employment period has been granted, but in no case shall it exceed three (3) years. In case of any change in the foreign national’s position or employer, he will need to file a new application for AEP and surrender the previously issued AEP card.
If a foreign national desires to renew his AEP, he may file an application for renewal as early as sixty (60) days before the date of expiration. Foreign nationals found to be working with an expired AEP or without a valid AEP shall be barred from filing an AEP application for five (5) years and be subject to penalties.
A denial of a foreign national’s application or renewal of an AEP may be issued by the DOLE-RO after due process and evaluation based on any of the following grounds:
a. misrepresentation of facts;
b. submission of falsified, tampered, or fraudulent documents;
c. submission of a visa not in accordance with applicable rules and regulations;
d. meritorious objection filed by a Filipino citizen who is competent, able and willing to do the job intended for or being performed by the foreign national;
e. grave misconduct in dealing with or ill treatment of workers;
f. verified information against the employment of a foreign national.
The AEP may also be revoked by the DOLE-RO on similar grounds. In both cases, the employer and the foreign national shall be notified on the report of the evaluation/assessment on a possible ground for denial or revocation of an AEP. The parties shall be directed to submit their verified explanation within ten (10) days from the receipt of said notice and to attend clarificatory hearings before the DOLE-RO. Within forty-five (45) days, the DOLE RO shall issue a decision/resolution on the denial or revocation of the AEP.
The aggrieved party may file a Motion for Reconsideration once with the DOLE-RO within ten (10) days from the date of receipt of the order. If the Motion for Reconsideration is denied, the foreign national or employer may file an appeal with the DOLE-RO within ten (10) days. The entire records of the case shall then be transmitted to the Office of the DOLE Secretary, who shall render his decision within sixty (60) days from the receipt of the transmittal.
On the other hand, there are foreign nationals who are exempted from securing an employment permit under the existing laws or guidelines. These include: dependent spouse of any member of the Diplomatic corps, accredited officials and personnel of international organizations, officers and employees working in the Embassy, officers and staff of peacekeeping organizations, those who come to the Philippines to teach, present and/or conduct research studies, permanent resident foreign nationals and probationary or temporary resident visa holders, and refugees or stateless persons. Those exempted from securing an AEP may request for a Certificate of Exemption from the DOLE-RO.
There are also categories of foreign nationals providing or supplying services in the country but their employers are located abroad, or without employer-employee relationship with the Philippine-based entity. These foreign nationals are excluded from securing an employment permit and may secure a Certificate of Exclusion from the DOLE-RO.
REFERENCES:
- DOLE Department Order No. 221-21