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MANILA, Philippines - The Department of Labor and Employment has simplified the substantive and procedural aspects of receiving, renewing, and revoking an Alien Employment Permit (AEP).
Labor and Employment Secretary Rosalinda Dimapilis-Baldoz said the changes are contained in Department Order 120-12, Series of 2012 which “removed the unnecessary procedures in the AEP, but at the same time it also imposed stricter provision on the grounds for cancellation and revocation of AEP.”
In a news release, Baldoz said the new department order amended certain provisions of Department Order 97-09, or the Revised Rules for the Issuance of Employment Permits to Foreign Nationals.
Article 40 of the Labor Code provides that any foreign national seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage a foreign national for employment in the Philippines shall obtain an Alien Employment Permit from the Department of Labor and Employment.
The AEP is a permit issued to a non-resident alien or foreign national seeking admission to the Philippines for work after it has been determined that a competent and able Filipino citizen is unavailable or unwilling at the time of application to perform the services for which the alien is desired.
Under DO 120-12 a brand new AEP will now be required for foreign nationals who assume a new job position within their current organizations; transfer to a new position within related companies; or commence employment with a new company.
The new AEP application will be subject to a publication requirement whereby the Regional Office of the Philippines Department of Labor and Employment will publish the AEP application within two days of receipt of the application. The general public will have 30 days from the time of publication to object to the new employment or job change of the foreign national.
Foreign nationals found to be working in the Philippines without a valid AEP will be fined P10,000 for every year of illegal work or fraction thereof; the organization that was illegally employing them will also be subject to a fine of P10,000 for every year of illegal employment or a fraction thereof.
DOLE regional directors can now deny an application for an AEP if the applicant has been convicted of a criminal offense or is a fugitive from justice.
Aside from the grounds stated in DO 97-09, DOLE regional directors may now motu proprio or upon petition cancel or revoke an AEP after due process based on meritorious objection or information against the employment of the foreign nationals.
Fees, documents, and processing times of application for AEP have also been amended. Aside from the P8,000 fee for an AEP, the applicant shall also pay an AEP courier fee of P200 when using the AEP online application system. Modifying a foreign national’s AEP now requires a payment of P750 in order to replace his current AEP.
DO 120-12 also took away the unnecessary documents which were required in the DO 97-09. AEP renewals will no longer require a photocopy of the applicant’s current AEP. However, photocopy of passport with visa or Certificate of Recognition is required of refugees or stateless persons.
Processing time is also reduced. New and renewal applications for AEPs will now be issued within 24 working hours of publication and payment of required fees. Under the previous department order, the processing period starts 24 hours after the publication of the AEP application.