Question & AnswerQ&A (DOLE Department Order No. 146-15)
The Alien Employment Permit (AEP) serves as one of the requirements for a foreign national to legally engage in gainful employment in the Philippines, but it is not the exclusive authority to work in the country.
All foreign nationals who intend to engage in gainful employment in the Philippines must apply for an AEP.
Gainful employment refers to a state or condition that creates an employer-employee relationship between the Philippine-based company and the foreign national, involving hiring/dismissal power, payment of salaries, and authority to control the performance or conduct of the tasks and duties.
Exemptions include members of the diplomatic service, officers and staff of international organizations, foreign nationals granted exemption by law, owners/representatives of foreign principals accredited by POEA for limited purposes, visiting/exchange professors under formal agreements, and permanent residents or probationary/temporary resident visa holders under the Philippine Immigration Act.
Exclusions include members of the governing board with voting rights only who do not intervene in management, corporate officers as per the Corporation Code and company bylaws, consultants without Philippine employers, intra-corporate transferees fitting specific managerial or specialist roles under trade agreements, and contractual service suppliers meeting certain criteria.
Applications must be filed and processed at the DOLE Regional Office or Field Office having jurisdiction over the intended place of work, with a complete application form and required documents such as passport copy, employment contract, Mayor's Permit or equivalent, and employer's understudy training program.
Initial application fees are P9,000 for one year validity plus P4,000 for every additional year or fraction thereof; renewal fees are P4,000 per year; a courier fee of P200 applies for online system use; replacement of lost or changed AEP information costs P1,500; all fees are non-refundable.
To give opportunity for any competent, able, and willing Filipino worker to file an objection within 30 days if they can perform the required services, thereby protecting Filipino employment and ensuring no available Filipino is displaced by the foreign worker.
Grounds include misrepresentation or fraudulent statements, submission of falsified documents, criminal conviction or fugitive status, grave misconduct or ill treatment of workers, and the availability of a competent Filipino worker for the job.
A fine of P10,000 for every year or fraction thereof is imposed on foreign nationals working without a valid AEP, and employers employing such foreign nationals are also fined P10,000 per year or fraction thereof.
An AEP is valid for one year for the specified position and company, not exceeding three years in total. Renewal applications must be filed not earlier than 60 days before expiration, with specific procedures for officers' appointments and submission of certifications.
A foreign national may be disqualified from reapplying for an AEP for 10 years if denied or cancelled due to criminal conviction, fugitive status, or grave misconduct involving ill treatment of workers.
The authorized representatives may conduct ocular inspections within two working days upon payment of fees to verify the legitimacy of the foreign national's employment as deemed necessary.
The Regional Director can cancel or revoke an AEP motu proprio or upon petition after due process based on grounds such as non-compliance with requirements, misrepresentation, falsified documents, objections against employment, criminal conviction, termination of employment, misconduct, or disapproval of related permits by DOJ or PRC.
An aggrieved party may file an appeal with the DOLE Secretary within 10 days of receipt of the decision; the Secretary's decision is final and executory unless a motion for reconsideration is filed within 10 days; only one motion for reconsideration is allowed.