Revised Rules for the Issuance of Employment Permits to Foreign Nationals

May 31, 2006

DOLE ORDER NO. 75-06

REVISED RULES FOR THE ISSUANCE OF EMPLOYMENT PERMITS TO FOREIGN NATIONALS

Pursuant to the provisions of Articles 5 and 40 of PD 442, as amended, the provisions of Rule XIV, Book I of its Implementing Rules and Regulations, Section 17(5), Chapter 4, Title VII of the Administrative Code of 1987, the following Rules are hereby promulgated:

RULE I. Coverage and Exemption. —

1. Coverage. All foreign nationals who intend to engage in gainful employment in the Philippines shall apply for Alien Employment Permit (AEP).

2. Exemption. The following categories of foreign nationals are exempt from securing an employment permit:

2.1 All members of the diplomatic service and foreign government officials accredited by and with reciprocity arrangement with the Philippine government;

2.2 Officers and staff of international organizations of which the Philippine government is a member, and their legitimate spouses desiring to work in the Philippines;

2.3 Foreign nationals elected as members of the Governing Board who do not occupy any other position, but have only voting rights in the corporation;

2.4 All foreign nationals granted exemption by law;

2.5 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;

2.6 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

2.7 Resident foreign nationals.

RULE II. Procedure in the Processing of Applications for AEP. —

1. Applications shall be filed with the Regional Office having jurisdiction over the intended place of work. Only applications with the following complete documentary requirements shall be received and acted upon by the Regional Office:

— 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 to operate business

— Photocopy of current AEP (if for renewal)

 In the case of foreign nationals to be assigned in related companies, they may file their application with any of the Regional Offices having jurisdiction over the applicant's intended place of work.

2. Fee — Upon filing of application, the applicant shall pay a fee of Eight Thousand Pesos (P8,000.00) for each application for AEP with a validity of one (1) year. In case the period of employment is more than one year, an additional Three Thousand Pesos (P3,000.00) shall be charged for every additional year of validity or a fraction thereof. In case of renewal, the applicant shall pay a fee of Three Thousand Pesos (P3,000.00) for each year of validity or a fraction thereof.

3. All applications shall be processed and AEP issued within 24 hours after compliance with all the documentary requirements and the payment of required fees and fines, if there is any.

4. The Regional Office shall publish all applications within two (2) working days upon receipt of application.

5. A foreign national whose application for AEP has been denied/cancelled/revoked shall not be allowed to reapply in any of the DOLE Regional Offices, unless said foreign national has provided proof that the ground for denial/cancellation/revocation has been corrected.

6. Renewal of Permit — An application for renewal of AEP shall be filed on or before its expiration. Application of foreign nationals with expired AEPs shall be considered as a new application.

 In case of corporate officers, whose election or appointment takes place on or before expiration of AEP, the application shall be filed not later than ten (10) working days after election or appointment and before expiration of the AEP.

 In case the election or appointment will take place after the expiration of the AEP, the application for renewal shall be filed on or before the expiration of the AEP, and shall be renewed for one (1) year. In case the foreign national is not re-elected or re-appointed, the AEP shall be automatically revoked.

 Within ten (10) working days after the date of election or appointment, the foreign national shall submit to the issuing Regional Office the Board Secretary's Certificate of Election or Appointment.

7. Validity of Permit — The AEP shall be valid for a period of one (1) year, unless the employment contract, consultancy services, or other modes of engagement provides otherwise, which in no case shall exceed five (5) years.

RULE III. Suspension of AEP. —

1. The AEP may be suspended by the issuing Regional Office, based on any of the following grounds, and after due process:

1.1 The continued stay of the foreign national may result in damage to the interest of the industry or the country;

1.2 The employment of the foreign national is suspended by the employer or by order of the Court.

2. Petitions for suspension of AEP issued shall be resolved within thirty (30) calendar days from receipt thereof.

RULE IV. Cancellation/Revocation of AEP. — The Regional Director may cancel or revoke the AEP based on any of the following grounds, and after due process:

1. Non-compliance with any of the requirements or conditions for which the AEP was issued;

2. Misrepresentation of facts in the application;

3. Submission of falsified or tampered documents;

4. Meritorious objection or information against the employment of the foreign national as determined by the Regional Director;

5. Foreign national has a derogatory record; and

6. Employer terminated the employment of the foreign national.

Petitions for cancellation or revocation of AEP issued shall be resolved within thirty (30) calendar days from receipt thereof.

RULE V. Remedies in Case of Suspension, Cancellation or Revocation of AEP. —

1. Any aggrieved party may file a Motion for Reconsideration and/or Appeal.

2. A Motion for Reconsideration may be filed, within seven (7) calendar days after receipt of the Suspension/Cancellation/Revocation Order, with the Regional Director who shall resolve the same within ten (10) calendar days from receipt thereof.

 A Motion for Reconsideration filed after the period of seven (7) calendar days but not later than ten (10) calendar days after receipt of the denial shall be treated as an appeal.

3. Orders of the Regional Director may be appealed, within ten (10) calendar days from its receipt, to the Secretary of Labor and Employment whose decision shall be final and unappealable.

RULE VI. Fines for Working Without AEP. — The Regional Director shall have the power to order and impose a fine of Ten Thousand Pesos (P10,000.00) for every year or a fraction thereof on foreign nationals found working without an AEP or with an expired AEP.

RULE VII. Miscellaneous Provisions. —

1. Separability Clause — If any provision or part of this Department Order or the application thereof to any person or circumstance is held invalid by the Courts, the remaining valid provisions of this Department Order shall not be affected.

2. Repealing Clause — All guidelines, rules and regulations, procedures and agreements inconsistent herewith are hereby repealed or modified accordingly.

3. Effectivity — These Rules shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation. The Records Officer of this Department is hereby directed to file three (3) certified copies thereof with the University of the Philippines Law Center pursuant to Section 3, Chapter 2, Book VII of the Administrative Code of 1987. ISDCHA

 

(SGD.) PATRICIA A. STO. TOMASSecretary

Published in The Manila Times on June 16, 2006.