Law Summary
Exemptions from Securing AEP
- Diplomats and foreign government officials with reciprocity arrangements.
- Officers and staff of international organizations of which the Philippines is a member, including their legitimate spouses.
- Foreign nationals who are board members with no operational roles.
- Individuals exempted by law.
- Representatives of foreign principals under POEA accreditation, limited to interviewing Filipino applicants.
- Foreign academics teaching or conducting research via formal reciprocal agreements.
- Permanent residents and temporary/probationary visa holders.
Application Procedure for AEP
- Application filed at DOLE Regional or Field Office with jurisdiction over work location.
- Required documents include:
- Accomplished application form.
- Passport copy with visa or refugee status.
- Employment contract or certificate of election.
- Mayor’s permit or ecozone certification.
- Current AEP (if renewal).
- Applications involving related companies may be filed where applicable.
- Changes within the same company require publication and fees; change of employer requires new AEP.
Fees for AEP Application and Renewal
- Initial application: ₱8,000 for one year validity.
- Additional years over one year: ₱3,000 per year or fraction thereof.
- Renewal: ₱3,000 per year or fraction thereof.
- Replacement of lost AEP card: ₱750 with affidavit of loss.
Publication Requirement
- Regional Office publishes all new applications, changes, or additions within two working days.
- Objections may be filed anytime during the employment period.
Processing Period and Inspection
- Ocular inspection may be conducted within two working days on application receipt.
- AEP issuance within 24 hours after publication and payment of fees/fines.
Post-Issuance Verification Inspection
- Verification inspections to be conducted within 30 days post-issuance.
- Ensures foreign national performs duties corresponding to the issued AEP.
Grounds Affecting AEP Status
- Denial, cancellation, or revocation forbids reapplication unless corrective evidence presented.
- Grounds include misrepresentation, falsified documents, derogatory record, or availability of qualified Filipinos.
Renewal of AEP
- Applications filed before expiration.
- Corporate officers must file within 15 working days post-election or appointment.
- Non-reelection or termination causes automatic revocation.
- Certified election/appointment document submitted within 15 working days.
Validity of AEP
- Valid for one year for specified position and company.
- Cannot exceed five years regardless of contract duration.
Suspension of AEP
- Grounds:
- Continued stay poses damage to industry or country interests.
- Employment suspended by employer or Court order.
- Due process required; petitions resolved within 30 days.
Cancellation or Revocation of AEP
- Possible on grounds of non-compliance, misrepresentation, document falsification, meritorious objection, derogatory records, or termination by employer.
- Due process mandated.
Appeals Process
- Appeal to Secretary within 10 days of receipt of adverse order.
- Secretary’s decision is final unless reconsideration requested within 10 days.
- No further motions for reconsideration entertained.
Penalties for Working without Valid AEP
- Fine of ₱10,000 per year or fraction for unauthorized employment.
- Grace period of 15 working days for newly hired/elected officers to apply without penalty.
Miscellaneous Provisions
- Separability clause ensures validity of remaining provisions if part is invalidated.
- Repealing clause rescinds inconsistent rules.
- Rules effective 15 days post publication in two newspapers.
This comprehensive framework governs employment permits for foreign nationals ensuring regulatory compliance, protection of local employment, and due process in administration and enforcement.