Question & AnswerQ&A (DOLE DEPARTMENT ORDER NO. 97-09)
All foreign nationals who intend to engage in gainful employment in the Philippines are required to apply for an Alien Employment Permit (AEP).
Exempt categories include members of the diplomatic service and foreign government officials with reciprocity arrangements, officers and staff of international organizations that the Philippine government is a member of, foreign nationals elected as members of the Governing Board without other positions, those granted exemption by law, owners and representatives of foreign principals accredited by POEA for interviewing Filipino applicants, foreign nationals teaching or conducting research under formal reciprocal agreements, and permanent resident foreign nationals or probationary/temporary resident visa holders.
The required documents include a duly accomplished application form, photocopy of passport with visa or Certificate of Recognition for refugees, contract of employment/appointment or Board Secretary’s certificate of election, photocopy of Mayor's permit or certification from PEZA/Ecozone Authority for locators, and photocopy of current AEP if it is a renewal.
Applications shall be filed and processed at the DOLE Regional Office or Field Office having jurisdiction over the intended place of work of the foreign national.
The fee is Eight Thousand Pesos (₱8,000) for each application with a one-year validity. For employment periods over one year, an additional Three Thousand Pesos (₱3,000) is charged for every additional year or fraction thereof. Renewal fees are Three Thousand Pesos (₱3,000) per year or fraction thereof. Replacement of AEP cards costs Seven Hundred Fifty Pesos (₱750), supported by an Affidavit of Loss if lost.
The Regional Office must publish all applications for new AEPs, changes or additional positions in the same or related companies within two working days upon receipt of the application.
Grounds for denial include misrepresentation of facts in the application, submission of falsified documents, having a derogatory record, or the availability of a competent, able, and willing Filipino to fill the intended position.
The foreign national whose AEP has been denied, cancelled, or revoked is not allowed to reapply in any DOLE Regional Office unless they have corrected the grounds for denial, cancellation, or revocation.
A fine of Ten Thousand Pesos (₱10,000) per year or fraction thereof shall be imposed by the Regional Director on foreign nationals working without an AEP or with an expired AEP.
The AEP may be suspended if the foreign national’s continued stay may damage the interests of the industry or the country, or if employment is suspended by the employer or by court order, with due process.
An aggrieved party may file an appeal with the Secretary within ten (10) days after receipt of the order. The Secretary’s decision is final unless a motion for reconsideration is filed within ten (10) days after receipt of the decision; no second motion will be entertained.
The AEP is valid for the position and company for which it was issued for one year, unless the employment contract or other engagement terms specify a different period which cannot exceed five years.
For corporate officers elected or appointed before the AEP expiration, the renewal application must be filed no later than 15 working days after election or appointment or before expiration. If election or appointment occurs after expiration, renewal must be filed before expiration for one year. If not re-elected or re-appointed, the AEP is automatically revoked, and Board Secretary's certificate must be submitted within 15 working days.