Employment permit for non-resident aliens

Any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines is required to obtain an employment permit from the Department of Labor and Employment.

Who may be issued alien employment permit

The employment permit may be issued to a non-resident alien or to the applicant employer after a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired.

For an enterprise registered in preferred areas of investment, the employment permit may be issued upon recommendation of the government agency charged with the supervision of said registered enterprise.

Filing of application for AEP

The foreigner applying for AEP may file his application with the DOLE Regional Office having jurisdiction over the intended place of work. If he will be assigned in the different parts of the country, then he can file his application with any of the DOLE Regional Offices having jurisdiction in any of the places of work.

The applicant must prepare the following documents for submission upon filing of his application:

  1. Duly accomplished application form (Download AEP 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)

Prohibition against transfer to another jobs

An alien issued with employment permit may not transfer to another job or change his employer without prior approval of the Secretary of Labor. Article 41 of the Labor Code provides: “After the issuance of employment permit, the alien shall not transfer to another job or change his employer without prior approval of Secretary of Labor and Employment.”

Violation of this prohibition shall be punished in accordance with Art. 289-290 of the Labor Code. In addition, the alien worker shall be subject to deportation after service of his sentence.

Alien exempted 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 corporation;
  4. All foreign nationals granted exemption by law;
  5. Owners and representatives of foreign principals whose companies are accredited by 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 reciprocal basis; and
  7. Resident foreign nationals. (DOLE Department Order No. 75-06, Series of 2006.)

References

  1. DOLE Department Order No. 75-06 (Series of 2006).
  2. Article 40-42, Labor Code of the Philippines.
  3. FAQs on Alien Employment Permit. Bureau of Local Employment. Retrieved 27 Mar 2010.

Last Edited: Saturday, August 20, 2011

Caveat: Subsequent court and administrative rulings, or changes to, or repeal of, laws, rules and regulations may have rendered the whole or part of this article inaccurate or obsolete.
alien employment permit
Trackback

7 comments

  1. good morning, i’m one of the corporator of one corporation. but the korean corporator just let me out of the company together with the other 2 filipino corporators. what case can we file against this company?

    [Reply]

  2. Charmaine Comment:
    July 11th, 2011 at 05:45 pm

    Hi,

    How can we employ an alien but will be assign in other country? He will be employed here in the Philippines but will be working in India.

    What are the requirements and legal actions for this case?

    Please advise.

    Thanks,
    Charmaine

    [Reply]

  3. Good day! I have been working for a foreign airline for 10years now. I was hired in the Philippines by the airlines’local base company. I have signed yearly contracts for 6years then my coordinator in the Philippines informed me that come 2008 I will become OFW. I secured PDOS and completed pre departure medical check ups every contract renewal. I heard about OEC but I have never seen a single OEC. I never went to POEA to secure OFW documents. I filed for a Pagibig loan but was declined because according to them I am not a OFW. Is my conversion to OFW legal?
    Thank you.

    [Reply]

  4. If we hire a foreign national who is holding permanent resident visa, is he entitle to be a regular base employee? or can he be offered one year contract, renewable every year?

    [Reply]

  5. what is really lawful in getting the daily salary of an employee with a monthly salary of P12000 (for example). they are not required to work on saturday and sunday. Is it P12000/30? or is it P12000/22?. Considering that sat and sun are rest days. Im really confused, its not completely mentioned in the labor law. Thanks for your prompt reply

    [Reply]

  6. I’ m american citizen, i have job in the philippines. Can my spouse work anywhere there?does she needs to get work permit? How long it will take to get the permit?thanks

    [Reply]

  7. I am under on Probationary Employment that toke effect last July 04,2013 with Termination Date of January 04, 2014.
    On November 07, 2013 I received a letter from the management that they will close the office for me on that date.
    My probation contract details are as follows :
    Effective : July 4, 2014, Termination Date January 4 2014 or for a cause or when he/she fails to qualify as regular employee in accordance with reasonable standards made known by EMPLOYER at the time of his/her engagement.
    I have read the labor code for a cause. I did not violate all what was in their.I have passed the company standards as shown on their termination letter to me which reads ” You have already done the training needed, and Management is thankful for that.
    In view of the above, is it lawful that my employment to the company will end as what appeared in termination letter?
    Please do advise.

    [Reply]

Add your comment now