Ans. 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.
A. Documentary requirements under DO 97-09:
- Duly accomplished Application Form;
- Photocopy of Passport with visa or Certificate of Recognition for refugees;
- Contract of Employment/Appointment of Board Secretary's Certificate of Election;
- Photocopy of Mayor's Permit to operate business or in case of locators in economic zones, operating within the ecozone; and
- Photocopy of current AEP (if not renewal)
- Foreign nationals seeking employment in the Philippines whether they are non-residents or refugees.
- 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.
- 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.
- Members of the diplomatic services and foreign government officials accredited by the Philippine government;
- 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;
- Foreign nationals elected as members of the Governing Board who do not occupy any other position, but have only voting rights in the corporation;
- All foreign nationals granted exemption by special laws and all other laws that may be promulgated by the Congress;
- 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);
- 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
- Resident foreign nationals employed or seeking employment in the Philippines (DO 41-03).
- Non-resident foreign nationals applying for renewal of AEP;
- Members of the Governing Board who occupy position in the company, Presidents, Vice-Presidents, General Managers and Treasurers, or those with equivalent positions;
- 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;
- Intra-corporate transferees and officers of foreign-owned companies on secondment or temporary assignment from their mother companies;
- Consultants in foreign funded, joint ventures or other public or private projects;
- 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;
- Non-Indo Chinese Refugees;
- 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
- Foreign nationals assigned in government projects or those assigned in Regional Headquarters and Regional Operating Headquarters of foreign corporations.
Ans. Publication is required for the application of a foreign national who will occupy a technical, advisory or supervisory position.
Ans. The Regional Director will issue the AEP.
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.
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).
Ans. 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.
Ans. 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.
Ans. No, foreign nationals whose applications have been denied shall not be allowed to re-apply in any of the DOLE Regional Offices.