Philippines – Details on Changes to Alien Employment Permit Process

What has changed

The Philippines Department of Labor and Employment (DOLE) has issued a Departmental Order which has implications for processes to acquire Alien Employment Permits (AEPs). Changes will take effect September 28, 2015.

Previously, publication of details of AEPs did not include the same range of information and was limited to name and position details only. The order also re-issues information on certain exemptions from the need to acquire AEPs and includes new exclusions. The order also makes provision for an understudy program which will apply for technical/non-managerial positions.

The information above was provided by Emigra Worldwide, our global network partners, and relevant government authorities. The information herein is for general purposes only and not intended as advice for a particular matter. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work.

Who is affected?
What to expect

  • Companies applying for Alien Employment Permits

The most significant changes presented within the order are:

  • Details of AEPs are to be published in newspapers and on the DOLE website for a period of thirty (30) days. The details will include the name, position, employer and address, a brief description of the functions to be performed by the foreign national, qualifications, monthly salary range and other benefits, if any.
  • During the thirty (30) day period of publication, Filipinos may object to the foreigner’s employment to the DOLE, who must consider the objection.
  • This publication will occur after filing of the AEP application, but will not delay approval of the AEP, which DOLE has undertaken to process within twenty-four (24) hours of publication.
  • DOLE has introduced a requirement for an understudy training program for technical workers in non-managerial positions. Employers must submit with their AEP application a program for training two (2) Filipino nationals to replace the foreign employee and must include the names of the understudies.
  • Processing fees are to increase from 8,000 PHP (US$170 approx) to 9,000 PHP (US$195) for first-time applications for the first year. ¬†Processing fees will also increase from 3,000 PHP (US$65) to 4,000 PHP ($86) for each subsequent year and for renewals.
  • Clarification on AEP exemptions and exclusions: Exemptions from acquiring an AEP continue to apply for foreign government officials and employees of international organizations, while there are also certain exclusions, e.g. – foreign members of governing boards of companies who do not actively manage operations and certain intra-company transferees whose employment is in accordance with an international trade agreement.

What you need to do
Planning ahead

  • Given the procedures are new, it is possible that there will be confusion or delays during the implementation phase.
  • The understudy program may potentially increase¬†preparation¬†time of applications.
  • Contact your Emigra Worldwide attorney or representative for further details on how these updates may impact you or your client.

The information above was provided by Emigra Worldwide, our global network partners, and relevant government authorities. The information herein is for general purposes only and not intended as advice for a particular matter. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work.

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