ALIEN EMPLOYMENT PERMIT
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The Department of Labor and Employment issues the Alien Employment Permit to Foreign Nationals according to the employment agreement with a Philippine-based company.
The foreign national must already have a local employer who will petition them to get the AEP.
It is mandatory for foreign nationals who wish to work in the Philippines for six months or longer.
One should file all applications for AEP at the Dole regional office (DOLE-RO) concerned, within ten working days, from the signing of the contract before the commencement of employment.
Employers aiming to hire foreign nationals must secure all relevant permits and authorities before implementing AEP.
a sample of work permit picture indicating alien employment permit Philippines
REQUIREMENTS AND PROCESSING OF APPLICATIONS
The employer, foreign national, an authorized representative, and/or accredited agents shall present the complete documentary requirements as below:
Application form duly accomplished indication true and material information:
Photocopy of Passport bio-page with a valid visa, and appropriate visa in case of renewal.
Certified True Copy of valid Business/Mayor's permit of the Philippine-based company or enterprise or Certified true copy of the Registration of the Economic Zone Authorities where the company is located and operating unless otherwise provided in the charter;
Certificate of the Philippine Offshore Gaming Operators (POGO) license, accreditation, or appointment issued by the Philippines Amusement and Gaming Corporation (PAGCOR), and any other authorized freeport or economic zones established by a charter, in case of gaming companies;
Certified True Copy of the Business Name Registration together with the Application form duly received by the Department of Trade and Industry (DTI); in case of a sole proprietorship.
Original copy of duly notarized appointment or contract of employment signed over printed name by the foreign national and the employer, indicating the duties and responsibilities, salary, and other benefits of the employee.
The expiring card in case of renewal.
Applications for new AEP take about 7-30 working days after publication.
In case of renewal, it takes 7-15 working days after receipt of complete documentary
The Department of Labor and Employment may conduct a verification to establish the company’s existence and legitimacy of the application based on the documents submitted, as deemed necessary.
The AEP is valid for the position and the company for 1 year unless granted a longer period.
It shall remain valid until it expires for the same position, despite transferring the company to another location.
RENEWAL OF ALIEN EMPLOYMENT PERMIT
One can renew the AEP as early as 60 days before its expiration.
The procedures of application for renewal of an AEP are as below:
If the foreign national was elected or appointed for the same designation before the expiry of his/her AEP, the application for renewal of AEP must be arranged before its expiration together with a duly notarized Board of Secretary's Certification.
If the foreign national still holds the same position or office in a hold-over capacity, an application for renewal of AEP shall be filed before its expiration supported by a duly notarized Board Resolution.
If the foreign national was appointed for a separate position, an application for a new AEP must be filed within (15) working days after the date of appointment, together with a duly notarized Board Secretary's Certification.
In all cases of renewal, the employer or foreign national shall surrender the expiring AEP card to the concerned DOLE-RO for perforation to avoid tampering and illegal use.
Besides the requirements, if the application is without a relevant visa, the DOLE will consider the renewal of an AEP as new applications after the expiration of the existing AEP.
EXPIRED AEP/WITHOUT VALID AEP/FRAUDULENT AEP.
Foreign nationals known to continue working with expired AEP or employers found to be exercising will face a penalty and also be restricted to filing an AEP application for five years.
CANCELLATION OF AEP. -
A foreign national may also request for the cancellation of his/her existing AEP, provided his/ her original employer issued a clearance or certification.
The DOLE-RO may issue an Order for Cancellation of an AEP of a foreign national for termination of the latter’s employment before the validity period of the AEP.
REJECTION/DENIAL FOR NEW OR RENEWAL OF AEP.
The Department of Labor and Employment may issue an order nullifying an application after due process and assessment for new or renewal of an AEP based on the following grounds:
Misrepresentation of facts;
Submission of falsified, tampered, or fraudulent documents;
Submission of a visa not following applicable rules and regulations;
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;
Grave misconduct in dealing with or ill-treatment of workers;
REVOCATION OF AEP.
Upon petition/complaint, The DOLE-RO may issue an Order revoking an AEP after due process an evaluation/assessment based on any of the following grounds:
Any act of deception for purposes of securing an AEP, including but not limited to the fraudulent application of facts, falsification or tampering of documents, and similar circumstances;
Foreign national has been convicted or found guilty of a criminal offense or is a fugitive from justice based on verified information.