Book I Title II Employment of Non-resident aliens

Question 1

Who are the foreign nationals that cannot work in the Philippines without an employment permit?

Answer 1

• Non-resident aliens shall apply for Alien Employment Permit (AEP)

ART. 40. EMPLOYMENT PERMIT OF 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 shall obtain an employment permit from the Department of Labor.
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 investments, said employment permit may be issued upon recommendation of the government agency charged with the supervision of said registered enterprise.

Question 2

When should applications be filed?

Answer 2

DOLE DO No, 221-2021
AEP applications must be filed prior to the commencement of employment or within 10 working days from the date of the signing of employment contract.

Question 3

What is the period of validity of AEP?

Answer 3

• One year but not more than 3 years

Question 4

What is the requirement for immigrants and resident aliens?

Answer 4

• Alien Employment Registration Certificate (AERC)

Question 5

Which businesses are foreigners not allowed to be employed in?

Answer 5

• entities that own or control a right, franchise, privilege, property or business whose exercise or enjoyment is reserved by law only to Filipinos or to corporations or associations whose capital should be at least 60% Filipino-owned
• public utility or to develop, exploit, and utilize natural resources
• financing companies
• mass media enterprises can be owned or managed only by Filipinos or by corporations or associations wholly owned or managed by them

Question 6

What are the grounds for suspension of AEP?

Answer 6

• When the continued stay of the foreign national may result in damage to the interest of the industry
• When the employment of the foreign national is suspended by the employer or by order of the Court

Question 7

What are the grounds for denial of application for new or renewal of the AEP?

Answer 7

1. Misrepresentation of facts
2. Submission of falsified, tampered or fraudulent documents
3. Submission of a visa not in accordance with applicable rules and regulations
4. 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
5. Grave misconduct in dealing with or ill treatment of workers; and
6. Verified information against the employment of the foreign nationals