Foreign nationals who are excluded from securing an Alien Employment Permit (AEP) shall obtain a Certificate of Exclusion from the DOLE Regional Office having jurisdiction over their intended place of work.
This is among the provisions of Department Order No. 186, Series of 2017, or the revised rules for the issuance of employment permits to foreign nationals, which was signed by Labor Secretary Silvestre Bello III on November 16 and takes effect on December 9.
All foreign nationals who intend to engage in gainful employment in the Philippines shall apply for AEP, which is one of the requirements for the issuance of a work visa.
However, foreign nationals who are excluded from securing an AEP are the members of the governing board with voting rights only and do not intervene in the management of the corporation or in the day to day operation of the enterprise; President and Treasurer, who are part-owners of the company; and those providing consultancy services who do not have employers in the Philippines.
Also excluded from securing an AEP are: intra corporate transferee who is a manager, executive, or specialist; employee of Foreign Service supplier with at least one year continuous employment prior to deployment to a branch, subsidiary, affiliate or representative office in the Philippines; contractual service supplier who is a manager, executive, or specialist and an employee of a foreign service supplier which has no commercial presence in the Philippines; and representative of the Foreign Principal/Employer assigned in the Office of Licensed Manning Agency (OLMA) in accordance with the laws, rules, and regulations of the Philippine Overseas Employment Administration (POEA).
A foreign national requesting for the issuance of a certificate of exclusion shall submit a letter request addressed to the DOLE Regional Director having jurisdiction over the intended place of work; valid business/Mayor’s permit of the Philippine-based company or enterprise; and photocopy of passport with valid visa.
Additional documents shall be required for specific categories of foreign nationals applying for a certificate of exclusion.
For President, Treasurer, and Members of Governing Boards (excluding those listed in the Foreign Investment Negative List), they shall submit a certified true copy of the updated General Information Sheet showing the name and position of the foreign national; a certification that the requesting foreign national is a member of the governing board with voting rights only, will not in any manner intervene in the management and operation of an enterprise, and with no intention to obtain gainful employment; and Board Secretary’s Certificate of Election.
For intra-corporate transferees, they shall submit a Contract of Employment from the originating company, including proof of salary, and Second Agreement.
Meanwhile, contractual service suppliers shall submit a Contract of Employment from the origin company, including proof of salary, and service contract between the Philippine-based company and the foreign company.
For consultants, a service contract between the Philippine-based company and the consultant or foreign consulting company must be submitted; while representatives of the Foreign Principal/Employer assigned in OLMA, shall submit a Letter of Acknowledgement from POEA.
The certificate of exclusion shall be subject to a payment of P500 per application and shall be issued by the DOLE Regional Office within two working days after receipt of complete documentary requirements and fees.