QuestionsQuestions (DEPARTMENT ORDER NO. 12, S. 2001, NOVEMBER 16, 2001)
It is issued pursuant to Articles 5 and 40 of PD 442 (as amended), Rule XIV, Book 1 of its Implementing Rules and Regulations, Section 17(5), Chapter 4, Title VII of the Administrative Code of 1987, and relevant provisions governing AEP issuance.
All foreign nationals seeking admission to the Philippines for employment; missionaries/religious workers engaging in gainful employment; certain holders of special visas when occupying executive/advisory/supervisory/technical roles; foreign professionals hired under reciprocity/international agreements; non-Indo Chinese refugees recognized by UNHCR/DOJ; and resident foreign nationals seeking employment.
Examples include: (1) members of the diplomatic service and foreign government officials accredited by the Philippine government; (2) officers and staff of international organizations that are cooperating members and their legitimate spouses desiring to work; (3) foreign nationals elected as members of the governing board who do not occupy any other position and have only one voting right; and (4) foreign nationals granted exemption by special laws or other laws promulgated by Congress.
The application must be filed with the DOLE Regional Office (DOLE-RO) having jurisdiction over the intended place of work.
The filing/publication/permit fees total P8,000.00 for one (1) year. For every additional year of validity or a fraction thereof, the fee is P3,000.00.
Denial may be based on non-compliance with any AEP requirements, misrepresentation of facts in the application, or submission of falsified/tampered documents.
Renewal must be filed at least 15 days before expiration; for elective officers, upon election or at least 30 days before the effectivity of the applicant’s term if the succeeding term is known. Late filing triggers fines: P5,000 if filed within 6 months after the prescribed period; P10,000 if filed after 6 months.
Failure to renew within one (1) year from expiration is a cause for revocation or cancellation of the AEP.
The employer must notify the DOLE-RO which issued the permit of the date of the foreign national’s assumption to duty within 30 days from issuance of the permit.
As a general rule, AEP validity is one (1) year unless the employment contract, consultancy services, other engagement mode, or elective officer’s term provides for a longer period.
No. The effectivity of the renewal is on the day after the expiration of the previous permit regardless of whether the renewal is granted before or after expiration.
Generally yes: permits are valid only for the position and employer stated in the AEP. Exception: for foreign nationals holding multiple positions in one corporation, one AEP may cover multiple positions.
Permits of resident foreign nationals are valid for multiple employers regardless of the nature and duration of employment, provided they report changes in employment, status, and employer identity to the DOLE-RO that issued the permit.
Grounds include: (1) misrepresentation of facts or falsification of documents; (2) declaration of the foreign national as an undesirable alien by competent authorities; (3) non-compliance with the conditions for which the AEP was issued; and (4) failure to renew within one (1) year after expiration.
Such petitions must be resolved within 30 calendar days from receipt.
A Motion for Reconsideration may be filed within 7 calendar days from receipt of the denial/cancellation order; the DOLE Regional Director must resolve it within 10 days from receipt. If filed after 7 days but within 10 days after receipt, it is treated as an appeal. An appeal to the DOLE Secretary may be filed within 10 days from receipt of the Regional Director’s order, and the Secretary’s decision is final and unappealable.
After due notices and hearing: P5,000 for working without an AEP for less than one (1) year; P10,000 for working without an AEP for more than one (1) year.
They have 90 days from the effectivity of the guidelines to secure the AEP without penalty.
They take effect 15 days after publication in two (2) newspapers of general circulation.