Labor and Employment Secretary Rosalinda Dimapilis-Baldoz yesterday reminded foreign nationals who intend to engage in gainful employment in the Philippines that they must—among other requirements for a work visa—secure an Alien Employment Permit (AEP) from the DOLE Regional Office or Field Office (ROs/FOs) having jurisdiction over their intended place of work.
“The Department is strictly enforcing the revised rules for the issuance of alien employment permits (AEPs) for which our regional offices have direct responsibility,” said Baldoz, who has a standing directive to DOLE ROs/FOs to strictly enforce the rules on the issuance of alien employment permit.
She sounded the message anew shortly after she released Department Order No. 146-15, Series 2015, otherwise known as the “Revised Rules for the Issuance of Employment Permits to Foreign Nationals.”
“The AEP is a permit issued to a non-resident alien or foreign national seeking admission to the Philippines for work after it has been determined that a competent and able Filipino citizen is unavailable or unwilling, at the time of application, to perform the services for which the foreign national is desired,” said Baldoz.
Pursuant to D.O.146-15, AEPs shall be processed by the regional or field offices upon submission of the following documentary requirements: (1)duly accomplished 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 or, in case of locators in economic zones, certificate attesting operation within the ecozone; and (5) copy of employer’s understudy training program to be conducted by the foreign national to transfer knowledge to the Filipino worker.
Upon filing of application, the applicant shall pay a fee of P9,000 for an AEP with a validity of one year. In case the period of employment runs for more than a year, an additional fee of P4,000 shall be charged for every additional year or a fraction thereof. Renewals of AEP will also be charged with P4,000 for every year of validity or a fraction thereof.
Any loss and change of information or entries in the AEP shall be subject to one-time payment of P1,500 for the issuance of an AEP replacement. In case of loss, the request for replacement shall be supported by a duly-notarized Affidavit of Loss.
New and renewal applications for AEPs are issued within 24 working hours of publication and payment of required fees.
“To find out if there is no Filipino worker willing, able, and competent to perform the putative work, a labor market test shall be effected by publication in a newspaper of general circulation within two working days from receipt of AEP application,” Baldoz said, adding:
Publication in the DOLE website, and posting in the Public Employment Service Offices, of such notice of AEP application for a period of 30 days is also mandatory under the revised rules. The said notice shall contain the foreign national’s name, position, employer and his/her address, a brief description of the functions to be performed, qualifications, monthly salary range, and other benefits.
The labor chief added that regional directors can deny an application for an AEP if the applicant has been convicted of a criminal offense or is a fugitive from justice. DOLE regional directors may also motu proprio, or upon petition, cancel or revoke an AEP after due process based on meritorious objection or information against the employment of the foreign nationals.
However, an appeal is afforded to any aggrieved applicant; and is effected by filing a petition with the Secretary of Labor and Employment within 10 days after receipt of the copy of denial, cancellation, or revocation order.
“A more stringent procedure for the issuance of AEP has been put in place under D.O. 146-15 to ensure that Filipino workers are given the priority in filling up positions that are well-within their skills and competence,” Baldoz said.
“These efforts of DOLE are in line with President Benigno S. Aquino III’s 22-point labor and employment agenda, whose overarching goal is to ‘invest in the country’s human resource’ towards ‘decent and productive employment for all,” she added.
Toward this end, the labor and employment chief emphasized that foreign nationals found working without a valid AEP shall be fined with P10,000 for every year of infraction, or a fraction thereof.
At the same time, employers found employing foreign nationals without a valid AEP shall also pay a fine of P10,000 for every year of infraction, or a fraction thereof.
Any questions of this release? You may contact DOLE Call Center at telephone number 02-5278000, which operates from 6:00 A.M. to 9:30 P.M. on Mondays to Saturdays, on the motto, Serbisyong Magalang at Mahusay na Impormasyon sa Labor and Employment, or SMILE.