Guidelines in the issuance of alien employmentPresentation Transcript
LAWS AND GUIDELINES AFFECTING EMPLOYMENT OF FOREIGN NATIONALS
OUTLINE OF PRESENTATION Legal Bases AEP Facts and Figures The Revised Rules Related Issuances on Immigration
The Philippine Constitution of 1987Section 12. “The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive.” (underscoring ours)Section 14. X x x x x x x x x. “The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.” (underscoring ours)
Labor Code of the Philippines, as amendedArticle 40. Employment Permit for non- resident aliens.- Any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor and Employment.
Labor Code of the Philippines, as amendedArticle 40. Employment Permit for non-resident aliens. The employment permit may be issued to a non- resident alien or to the applicant employer after a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired.
DOLE D.O. No. 75-06 amends orsupersedes the following DOLE issuance – D. O. No. 12, s. 2001 entitled Omnibus Guidelines for the Issuance of Employment Permits To Foreign Nationals – D. O. No. 19-02, s. 2002 e. D.O. No. 26-02, s. 2002 – D.O. No. 41-03, s. 2003 i. D.O. No. 59-04, s. 2004
Data on Foreign Nationals Issued AEP (2002 - 2007) By Industry INDUSTRY TOTAL 2002 2003 2004 2005 2006 2007Agriculture, Fishery & Forestry 522 51 62 88 124 126 71Mining & Quarrying 411 44 43 20 52 97 155Manufacturing 28,398 5,169 4355 4132 4908 4842 4992Electricity, Gas & Water Supply 772 274 137 89 126 77 69Construction 6,102 1182 1173 1002 1027 868 850Wholesale & Retail Trade 6,471 1530 1046 1095 790 946 1064Transportation, Storage & Communication 10,136 575 966 1267 1858 2564 2906Financing, Insurance, Real State & Bus. Services 3,550 394 77 147 186 1206 1540Community, Social & Personal Services 2,520 298 318 648 588 194 474
Data on Foreign Nationals Issued AEP (2002- 2007) By Industry TOTAL 2002 2003 2004 2005 2006 2007 INDUSTRYHotels and Restaurant 2,425 517 392 342 421 517 502Financial Intermediation 1,174 307 220 92 80 100 95Public Administration & Defense; Compulsory Social Security 0 0 0 0 0 0 0Education 2,471 361 314 408 549 682 756Extra-Territorial Organizations & Bodies 32 0 8 9 8 7 11Health and Social Work 409 37 57 69 106 109 107 TOTAL 66,065 10,739 9,168 9,408 10,823 12,335 13,592
Objective of the Revision of RulesTo simplify the administrative requirementsand procedures on the issuance of AEP
Revised Rules For The Issuance of EmploymentPermits To Foreign Nationals Department Order No. 75 – 06, Series of 2006
Coverage: All foreign nationals who intend to engage in gainful employment in the Philippines
Exempted from securing AEP:1. Members of the diplomatic services2. Officers and staff of international organizations and their legitimate spouse3. Members of the Governing Board who have only voting rights4. Foreign nationals exempted by law (ex. Executives of ROHQ and RHQ) (RA 8756)
Exempted from securing AEP:5. Owners and representatives of POEA accredited foreign principals who come to interview Filipino applicants6. Visiting/exchange/adjunct professors7. Resident foreign nationals
Documents Required in the Application for AEP:1. Duly accomplished application form2. Photocopy of passport, with visa or Certificate of Recognition for Refugees3. Contract of Employment/ Appointment or Board Secretary’s Certificate of Election4. Photocopy of Mayor’s Permit to operate business or Certification from PEZA or Ecozone Authority for ecozone locators5. Photocopy of current AEP (for renewal)
FeesUpon filing, the applicant shall pay a fee ofP8,000.00 for an AEP with a validity of one (1)yearPlus P3,000.00 for every additional year ofvalidity or a fraction thereof in case the validityof AEP is more than one year
Processing and Publication ofApplication for AEP Upon receipt of complete documentary requirements, fees, and fines if any, the Regional Office shall issue the AEP within 24 hours All applications for new AEP shall be published within two (2) working days after receipt
Processing of Application for AEP A foreign national whose application for AEP has been denied/ cancelled/ revoked shall not be allowed to reapply unless the ground for denial/ cancellation/ revocation has been corrected.
Venue of Filing1. With the DOLE - Regional Office having jurisdiction over the place of work2. In case of assignment in related companies, with any of the DOLE - Regional Offices having jurisdiction with any of the intended places of work
Validity of AEP 1. One (1) year or co-terminus with the employment contract, consultancy services, other modes of engagement or term of office which shall not exceed 5 years. 2. Effectivity of renewal shall be on the day after the expiration of previous permit 3. One AEP shall be valid for assignment in related companies
Renewal of AEP1. Filing of application for renewal shall be on or before expiration of AEP2. Application of foreign nationals with expired AEPs shall be considered new application.3. If election or appointment takes place on or before expiration of AEP, filing shall not be later than 10 working days after election or appointment or on/before expiration of AEP
Renewal of AEP 4. If election or appointment will be after expiration of AEP, application shall be filed on or before expiration. 5. The Certificate of Election or appointment shall be filed within 10 working days after election or appointment
Grounds for Suspension of AEP 1. The continued stay of the foreign national may result in damage to the interest of the industry or the country 2. The employment of foreign national is suspended by the employer or by order of the court.
Grounds for Cancellation orRevocation of AEP 1. Non-compliance with any of the requirements or conditions of the AEP 2. Misrepresentation of facts 3. Submission of falsified or tampered documents 4. Meritorious objection or information 5. The foreign national has a derogatory record 6. Termination of employment by the employer
Remedies in Case of Suspension/Cancellation/Revocation of AEP 1. Motion for Reconsideration shall be filed within 7 calendar days after receipt of the Order of suspension/ cancellation or revocation. MR shall be resolved within 10 calendar days after receipt. 2. Appeal shall be filed with the Office of the Secretary within 10 calendar days from receipt of the Order of suspension/ cancellation or revocation.
Fines for Working without AEPP10,000.00 for every year or a fraction of one year for working without AEP or with expired AEP
Effectivity DateDate Issued : 31 May 2006Date Published: June 16, 2006Newspaper : Manila Times and Manila StandardEffectivity : July 1, 2006
Immigration Laws and Related IssuancesCommonwealth Act No. 613, PhilippineImmigration Act of 1940 Sec. 9 (a)- temporary visitor (b)- person in transit (c)- seaman (d)- treaty trader investor. (e)- foreign government official (f) - student (g) - prearranged foreign employee
Immigration Laws and Related IssuancesCommonwealth Act No. 613, PhilippineImmigration Act of 1940 Sec. 13 - Resident foreign nationals (immigrant status) – exempted from AEP
Fil-Am Players Fil-Am players granted Certificate ofRecognition of Filipino citizenship canplay in the Philippines without securingAlien Employment Permit.
Special Investors Resident Visa (SIRV)Foreign nationals granted SIRV for havinginvested in the Philippines an amountequivalent to at least US$75,000.00 arerequired to secure Alien EmploymentPermits when employed in the Philippines.
Special Resident Retiree Visa (SRRV) Foreign nationals registered with thePhilippine Retirement Authority (PRA) andwho complied with an entry deposit in thePhilippines an amount equivalent toUS$50,000.00 are required to secure AlienEmployment Permits when employed in thePhilippines.
Special Non-Immigrant Visa [47(a)2] holders are required to secure AEP when employed in the Philippines1. Foreign nationals assigned in government projects2. Foreign personnel employed by offshore banks under P. D. 1034 or the Offshore Banking Law3. Investors and Foreign nationals employed in economic zones
Multiple Entry Special Visa (Article 60 of RA 8756)Executives of the applicant company whowill work exclusively for the applicant’sregional or area headquarters or regionaloperating headquarters duly licensed tooperate in the Phils. and with salary of atleast US$12,000.00 per annum areexempted from securing AEP.
End ofP r e s e n t a t io n Thank You!For further information pls visit www.ble.dole.gov.ph