
June 24th, 2010
|
 | Registered User | | Join Date: Jul 2009 Location: OceanBreezeInn.info - Boracay -
Posts: 199
Thanks: 13
Thanked 4 Times in 3 Posts
| |
Be aware about your documents, for example the work permit: BI deports Korean found working illegally | Manila Bulletin Quote:
1. What is an Alien Employment Permit (AEP)?
An Alien Employment Permit is a document issued by the Secretary of Labor and Employment through the DOLE – Regional Director, who has jurisdiction over the intended place of work of the foreign national, authorizing the foreign national to work in the Philippines.
2. Who are the foreign nationals required to apply for an AEP?
a. Foreign nationals seeking employment in the Philippines whether they are non-residents or refugees;
b. Foreign professionals who are allowed to practice their profession in the Philippines under reciprocity and other international agreements and in consultancy services pursuant to Section 7(j) of the PRC Modernization Act of 2000.
c. Holders of Special Investors Resident Visa (SIRV), Special Retirees Resident Visa (SRRV), Treaty Traders Visa (9d) or Special Non-Immigrant Visa (47(a)2) for as long as they occupy any executive, advisory, supervisory, or technical position in any establishment.
3. Who are exempted from securing an AEP?
a. Members of the diplomatic services and foreign government officials accredited by the Philippine government;
b. Officers and staff of international organizations of which the Philippine government is a cooperating member, and their legitimate spouses desiring to work in the Philippines;
c. Foreign nationals elected as members of the Governing Board who do not occupy any other position, but have only voting rights in the corporation;
d. All foreign nationals granted exemption by special laws and all other laws that may be promulgated by the Congress;
e. Owners and representatives of foreign principals, whose companies are accredited by the Philippine Overseas Administration (POEA), who come to the Philippines for a limited period solely for the purpose of interviewing Filipino applicants for employment abroad (DO 26-02);
f. 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 (DO 41-03); and
g. Resident foreign nationals employed or seeking employment in the Philippines (DO 41-03).
4. Where shall an application for an AEP be filed?
An application for AEP shall be filed personally or through their respective employer with the DOLE Regional Office having jurisdiction over the intended place of work.
In case of foreign nationals to be assigned in subsidiaries, branch offices and joint ventures, and those assigned in the headquarters with oversight functions in any of the branch offices, operations or projects in the country, they may file their application in any of the DOLE Regional Offices nearest their place of work (DO 19-02).
5. What are the requirements in the filing of application for AEP?
A. For holders of SIRV, SRRV, 9(d) and 47(a)2 Visa:
For new application
For elective position:
26. Application Form duly accomplished
27. Board Secretary’s Certificate on Election of Foreign national
28. Photocopy of passport with Visa
For non-elective position:
29. Application Form duly accomplished
30. Appointment
31. Photocopy of passport with Visa
For renewal of AEP; Submit updated copies of a, b, and c, above, plus the AEP Card previously issued
6. Who are covered by the publication requirement?
Publication is required for the application of a foreign national who will occupy a technical, advisory or supervisory position.
7. Who are exempted from publication requirements and the payment of the publication cost?
a. Non-resident foreign nationals applying for renewal of AEP;
b. Members of the Governing Board who occupy position in the company, Presidents, Vice-Presidents, General Managers and Treasurers, or hose with equivalent positions;
c. 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 the establishment where the foreign national has investment;
d. Intra-corporate transferees and officers of foreign-owned companies on secondment or temporary assignment from their mother companies;
e. Consultants in foreign funded, joint ventures or other public or private projects;
f. Foreign nationals who, by special laws or international or bilateral agreements which the Philippine government is a signatory, are specifically exempted from the labor market test;
g. Non-Indo Chinese Refugees;
h. Elective officers as provided for in the Articles of Incorporation or in the By laws as well as those filled up by election of the Governing Board; and
i. Foreign nationals assigned in government projects or those assigned in Regional Headquarters and Regional Operating Headquarters of foreign corporations.
8. What is the period of validity of an AEP?
The AEP shall be valid for one (1) year or co-terminus with the duration of employment, consultancy services or other modes of employment or term of office. Said AEP is valid for the position/s and company for which it was issued.
In case of assignment in the company’s subsidiaries, branch offices and joint ventures and those assigned in the headquarters with oversight function in any of the branch offices, operation or projects in the country, one (1) AEP shall be required and valid for all the said assignments irrespective of their place/s (DO 19-02).
9. What are the bases for the denial of AEP?
An application for AEP may be denied if the applicant does not comply with any of the requirements for the issuance of AEP or for misrepresentation of facts in the application or submission of falsified or tampered documents, or filing of application for renewal of AEP beyond one year after its expiration.
10. If an application has been denied by the Regional Office, can the foreign national apply for an AEP in other Regional Offices?
No, foreign nationals whose applications have been denied shall not be allowed to re-apply in any of the DOLE Regional Offices.
11. Is there a remedy for a denied AEP?
Yes, a Motion for Reconsideration and/or an Appeal maybe filed by any aggrieved party.
12. When shall an application for renewal of AEP be filed?
An application for renewal of AEP must be filed at least fifteen (15) days before its expiration. For elective positions applications must be filed upon election or upon expiration of AEP.
Elective and appointive officers have a grace period of five (5) working days after their election or appointment to file application for renewal of AEP without penalty.
13. What are the grounds for revocation/cancellation of AEP?
Any of the following is a ground for revocation/cancellation of an AEP:
a. Misrepresentation of facts or falsification of documents submitted;
b. The foreign national has been declared undesirable alien by competent authorities;
c. Non-compliance with the condition for which the AEP was issued;
| |