Question & AnswerQ&A (MEMORANDUM CIRCULAR NO. MSSD-15-09)
The Alien Employment Permit (AEP) is issued to foreign nationals to authorize them to work gainfully only for the specific employment for which the permit was issued, ensuring they do not engage in employment outside of this scope.
No, a foreign national must not have worked, engaged in business operations, or rendered any form of services in any capacity for the locator company prior to or without a valid AEP and Subic Clark Working Visa (SCWV).
Duly authorized representatives of the Clark Development Corporation (CDC), the Department of Labor & Employment (DOLE), and the Bureau of Immigration (BI) are authorized to conduct random inspections at the companies' premises.
The inspections aim to verify compliance with the Labor Code, Philippine Immigration Act, and other pertinent laws, policies, rules, and regulations governing alien employment.
Yes, elective positions are exempted from providing additional information such as job descriptions and justification for employing foreign nationals, provided the position is classified as elective in the latest By-Laws or GIS submitted to the SEC. Non-elective positions require justification especially to verify the non-availability of Filipino experts for such positions.
Locators must notify the CDC, DOLE, and BI Clark One Stop Shop in writing at least thirty (30) days prior to the intended separation or termination or closure.
The foreign national must surrender the original AEP to DOLE and the Alien Certificate of Registration (ACR-ICARD) to the BI One Stop Shop, and have their SCWV downgraded by the Bureau of Immigration.
The issuance and validity of the AEP and consequently the SCWV are co-terminus with the existence and registration of a valid Lease or Sub-Lease Agreement. This agreement allows the Freeport Enterprise to avail of non-fiscal incentives for hiring foreign nationals within the Freeport Zone.
Yes, the Freeport Zone BI One Stop Shop has been authorized to receive documents and process visa downgrading, eliminating the need for applicants to go to BI Manila.
The CDC, in coordination with DOLE, may require additional information such as job descriptions to determine whether the engagement of a foreign national is justified and to verify the non-availability of Filipino experts for the position based on factors like size of operation and floor-to-manpower ratio.