An AEP is a document issued by the Department of Labor and Employment (DOLE) through its Regional Offices which is one of the requirements for a foreign national to work in the Philippines.
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FAQ
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General
What is Alien Employment Permit (AEP)?
Who are the foreign nationals required to secure AEP?
Foreign nationals who intend to engage in gainful employment in the Philippines with an employer – employee relationship; foreign professionals allowed by the Professional Regulation Commission (PRC) to practice their profession in the Philippines; and holders of Special Investors Resident Visa (SIRV), Special Retirees Resident Visa (SRRV), Treaty Traders Visa (9d) or Special Non-Immigrant Visa 47(a)2 who occupy any executive, advisory, supervisory, or technical position in any establishment are required to secure AEP from DOLE.
Who are exempted from securing an AEP?
a. All members of the diplomatic service and foreign government officials accredited by and with reciprocity arrangement with the Philippine government;
b. Officers and staff of international organizations of which the Philippine government is a member, and their legitimate spouses desiring to work in the Philippines;
c. Owners and representatives of foreign principals whose companies are accredited by the Philippine Overseas Employment Administration (POEA), who come to the Philippines for a limited period and solely for the purpose of interviewing Filipino applicants for employment abroad;
d. Foreign nationals who come to the Philippines to teach, present and/or conduct research studies in universities and colleges as visiting, exchange or adjunct professors under formal agreements between the universities or colleges in the Philippines and foreign universities or colleges; or between the Philippine government and foreign government: provided that the exemption is on a reciprocal basis; and
e. Permanent resident foreign nationals and probationary or temporary resident visa holders under Section 13 of the Philippine Immigration Act of 1940 and Section 3 of the Alien Social Integration Act of 1995 (RA 7919)
f. Refugees and Stateless Persons recognized by DOJ pursuant to Article 17 of the UN Convention and Protocol Relating to status of Refugees and Stateless Persons; and
g. All foreign nationals granted exemption by law.
Who are excluded from securing an AEP?
a. Members of the governing board with voting rights only and do not intervene in the management of the corporation or in the day to day operation of the enterprise.
b. President and Treasurer, who are part-owner of the company.
c. Those providing consultancy services who do not have employers in the Philippines.
d. Intra corporate transferee who is a manager, executive or specialist in accordance with Trade Agreements and an employee of the foreign service supplier for at least one (1) year prior to deployment to a branch, subsidiary, affiliate or representative office in the Philippines.
i.an Executive: a natural person within the organization who primarily directs the management of the organization and exercises wide latitude in decision making and receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the business; an executive would not directly perform tasks related to the actual provision of the service or services of the organization
ii.a Manager: a natural person within the organization who primarily directs the organization/department/subdivision and exercises supervisory and control functions over other supervisory, managerial or professional staff; does not include first line supervision unless employees supervised are professionals; does not include employees who primarily perform tasks necessary for the provision of the service; or
iii.a Specialist: a natural person within the organization who possesses knowledge at an advanced level of expertise essential to the establishment/provision of the service and/or possesses proprietary knowledge of the organization’s service, research equipment, techniques or management; may include, but is not limited to, members of a licensed profession. All other intra-corporate transferees not within these categories as defined above are required to secure an AEP prior to their employment in the Philippines.
e. Contractual service supplier who is a manager, executive or specialist and an employee of a foreign service supplier which has no commercial presence in the Philippines:
i.who enters the Philippines temporarily to supply a service pursuant to a contract between his/her employer and a service consumer in the Philippines; ii.must possess the appropriate educational and professional qualifications; and iii.must be employed by the foreign service supplier for at least one year prior to the supply of service in the Philippines.f. Representative of the Foreign Principal/Employer assigned in the Office of Licensed Manning Agency (OLMA) in accordance with the POEA law, rules, and regulations.
Who may file the application for an AEP?
An application for AEP may be filed by the foreign national, the employer, or an authorized representative.
How many AEP can be issued to foreign national?
A foreign national may be issued one (1) AEP only at any given time.
General
What is the period of validity of an AEP?
The AEP shall be valid for the position and the company for which it was issued for a period of one (1) year, unless the employment contract, or other modes of engagement provides a longer period which shall not exceed three (3) years.
What is the penalty for working without AEP?
The Regional Director shall impose a fine of Php 10,000.00 for every year or a fraction thereof to a foreign national found working without a valid AEP. Employer found employing foreign national without a valid AEP shall also pay a fine of Php 10,000.00 for every year or a fraction thereof.
What is the effect of denial/cancellation/revocation of AEP?
A foreign national whose AEP has been denied or cancelled on the grounds of (a) conviction of criminal offense or fugitive from justice in the country or abroad; or (b) grave misconduct in dealing with or ill treatment of workers is disqualified to re-apply within a period of ten (10) years from date of the order denying, cancelling or revoking the AEP.
Is there a remedy for a denied/cancelled/revoked AEP?
Yes, the aggrieved foreign national or his authorized representative may file an appeal with the Secretary of DOLE within 10 days after receipt of copy of denial/cancellation/revocation order. The decision of the DOLE Secretary shall be final and executory. However, the foreign national is allowed to file only a single motion for reconsideration within ten (10) days after receipt of the decision.
Can a foreign national immediately start to work upon the issuance of the AEP?
No. The AEP is not an exclusive authority for a foreign national to work in the Philippines. It is just one of the requirements for a foreign national to legally engage in gainful employment in the country. The foreign national must obtain the required Special Temporary Permit (STP) from the Professional Regulation Commission (PRC) in case the employment involves practice of profession. The employer must obtain an Authority to Employ Alien from the Department of Justice (DOJ) where the employment of the foreign national is in a wholly or partially nationalized industry.
Can an AEP be cancelled or revoked?
Yes. The Regional Director may, motu proprio or upon petition, cancel or revoke an AEP, after due process, based on any of the following grounds: a.non-compliance with any of the requirements or conditions for which the AEP was issued; b.misrepresentation of facts in the application; c.submission of falsified or tampered documents; d.meritorious objection or information against the employment of the foreign national; e.foreign national has been convicted of a criminal offense or a fugitive from justice; f.employer terminated the employment of foreign national; g.grave misconduct in dealing with or ill treatment of workers.