Employment permit for non-resident aliens
Any alien seeking admission to the Philippines for employment purposes and any
domestic or foreignemployer who desires to engage an alien for employment in the
Philippines is required to obtain an employment permit from the Department of Labor
and Employment.
Who may be issued alien employment permit
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.
For an enterprise registered in preferred areas of investment, the employment
permit may be issued upon recommendation of the government agency charged with
the supervision of said registered enterprise.
Filing of application for AEP
The foreigner applying for AEP may file his application with the DOLE Regional
Office having jurisdiction over the intended place of work. If he will be assigned in the
different parts of the country, then he can file his application with any of the DOLE
Regional Offices having jurisdiction in any of the places of work.
The applicant must prepare the following documents for submission upon filing of his
application:
Duly accomplished application form
1. Photocopy of passport, with visa or Certificate of Recognition for refugees
2. Contract of Employment/Appointment or Board Secretary’s Certificate of Election
3. Photocopy of Mayor’s Permit to operate business
Employment of Foreigner in the Philippines
Prohibition against transfer to another jobs
An alien issued with employment permit may not transfer to another job or
change his employer without prior approval of the Secretary of Labor. Article 41 of the
Labor Code provides: “After the issuance of employment permit, the alien shall not
transfer to another job or change his employer without prior approval of Secretary of
Labor and Employment.”
Violation of this prohibition shall be punished in accordance with Art. 289-290 of
the Labor Code. In addition, the alien worker shall be subject to deportation after service of his sentence.
Alien exempted from securing AEP
1. All members of the diplomatic service and foreign government officials accredited
by and with reciprocity arrangement with the Philippine government;
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;
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;
4. All foreign nationals granted exemption by law;
5. Owners and representatives of foreign principals whose companies are accredited
by the Philippines for a limited period and solely for the purpose of interviewing Filipino
applicants for employment abroad;
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 reciprocal basis; and Resident foreign
nationals. (DOLE Department Order No. 75-06, Series of 2006.)