Issuing authority, date, and effectivity
- The Department of Tourism issues these guidelines on January 13, 1992.
- The guidelines take effect immediately upon promulgation (January 13, 1992).
- The signatories are: Evelyn B. Pantig (Director, Office of Tourism Standards), Clifford A. Paragua (Director, Bureau of Local Employment), and Leonardo C. Aguilar, Jr. (Associate Commissioner, Bureau of Immigration).
- Submissions and processing described in the guidelines proceed using the named roles and offices: DOT, DOLE, and BI.
Application filing requirements (DOT, triplicate)
- A hotel/resort/restaurant applying for employment of foreign nationals must file the application with the DOT by submitting the required documents in triplicate.
- The application must be supported by a letter-request from the petitioning company stating, among other information, the name, nationality, and position of the foreign national.
- The application must include duly accomplished and notarized application forms of DOLE and BI.
- The application must include a comprehensive curriculum vitae showing educational background, work experience, and data demonstrating that the applicant possesses technical skills in the trade or profession.
- The application must include a certified copy of the Contract of Employment or Letter of Appointment that states:
- Salary and position title;
- The commencement and expiration dates of the contract or Letter of Appointment;
- Training of at least two (2) Filipino understudies to whom the applicant will impart specialized skills in accordance with the DOLE requirement;
- An undertaking by the non-resident alien employee to comply with all laws, rules, and regulations of the Republic of the Philippines and to pay taxes due on compensations;
- A prohibition on the non-resident alien’s engagement in any gainful employment other than that for which the permit was issued.
- The application must include:
- A copy of the Understudy Training Program;
- A duly accomplished Designation of Understudy Form with the Understudy Information sheets;
- A certification under oath by the employer on the period required to effect transfer of technology as indicated in the Understudy Training Program;
- A List of foreign national employees indicating nationalities, positions, type of visa/status, duration of contracts, and their respective understudies, if any;
- A copy of the SEC Registration/Articles of Incorporation and By-Laws for corporations or BTRCP Certificate of Registration and original application for single proprietorship;
- The petitioner’s latest Income Tax Return if engaged in business;
- A zerox copy of the passport of the applicant;
- A xerox copy of the Alien Employment Permit, if already issued;
- An affidavit of support/guaranty for the duration of employment;
- If the application is for a visa as treaty trader investor, a certification of Corporate Secretary on the amount of investment and the percentage of capital stock owned by the foreign investor; and
- Such other documents as may be deemed necessary and material for adequate evaluation of the petition.
- The “List of foreign national employees” and “Designated/Understudy Information” submission items must be submitted only once by the enterprise petitioner, unless there are changes.
DOT, DOLE, and BI evaluation workflow
- The DOT must evaluate the documents submitted to it and forward them to DOLE with DOT’s comments/recommendations.
- The DOLE must evaluate the AEP application and the Understudy Training Program proposal.
- Advice on approval or denial must be transmitted to the BI, with a copy furnished to DOT.
- For favorable endorsed applications, BI must:
- Advise the applicant of BI’s decision; and
- Provide both DOT and DOLE a copy of the advice.
Understudy Training Program reporting and evaluation
- The hotel/resort/restaurant must submit to DOLE, with a copy furnished to DOT, semi-annual reports on the Understudy Training Program.
- Each semi-annual report must contain:
- The name of the foreign national and his field of specialization as prescribed in the program;
- Names and addresses of at least two (2) Filipino understudies;
- The number of hours of actual training for the understudy and the specific subjects concerned; and
- Reasons why the Filipino understudies cannot yet take over the work of the foreign nationals, if that is the case.
- The hotel/restaurante must submit a terminal report at the end of the training period to trace the movement of the understudies.
- The Hotel and Restaurant Industry Board, created pursuant to Article 50 of the Labor Code, must evaluate the effectiveness of the Understudy Training Program on an annual basis.
Change of status and special work permit
- A foreign national entering the Philippines to seek employment may be admitted initially as a temporary visitor and thereafter secure a change of status to a pre-arranged employee visa from BI.
- BI may permit change of status from other admission categories to a pre-arranged employee visa in exceptional cases.
- Upon request, BI may issue a special work permit to the applicant upon receipt of a certification from DOT that all required documents have been submitted.
- The special work permit requires a fee of PHP 300.00.
- The special work permit is valid for three (3) months and is renewable for a maximum period of another three (3) months.
Extensions and renewals; effect of processing rules
- Applications for extension/renewal must be processed in accordance with the procedures established in the guidelines.
- The guidelines establish that processing for extensions/renewals follows the same overall procedural framework described for application, evaluation, and inter-agency advice.
Basis on predecessor labor board rule and work transfer
- The Understudy Training Program uses the DOLE requirement for training of Filipino understudies embedded in the employment contract or appointment.
- The Hotel and Restaurant Industry Board created under Article 50 of the Labor Code evaluates program effectiveness on an annual basis, aligning understudy training assessment with labor-industry governance.