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Philippines: DOLE issues advisories regarding AEP requirements

By and 3 Mins Read

In brief

The DOLE issued Advisories 4, 6, 7 and 8-2021 regarding the requirements for the issuance and cancellation of alien employment permits (AEPs) for foreign employees in the Philippines.

Advisory No. 4-2021, dated 14 May 2021, is accessible here.

Advisory No. 6-2021, dated 3 June 2021, is accessible here.

Advisory No. 7-2021, dated 10 June 2021, is accessible here.

Advisory No. 8-2021, dated 29 June 2021, is accessible here.

Key takeaways

Applications for the issuance and cancellation of AEPs must comply with the foregoing DOLE advisories.

In depth

Advisory No. 4-2021 and 6-2021 provide the following:

  • The revised AEP Form (Annex “A” of Advisory No. 4-2021) must be used for AEP applications starting 6 May 2021.
  • The Labor Market Test (TMT) must comply with the form found in Annex B. It is the DOLE Regional Office that conducts the LMT as provided under Department Order No. 221, s. 2021 (“DO No. 221, s. 2021“).
  • The employer must file an “Establishment Report on Employed Foreign Workers” (Annex “C” of Advisory No. 4-2021) within 30 days from the end of each quarter. Advisory No. 6-2021 provides that this report must be submitted by electronic mail to aepquaterlyreports@gmail.com.
  • The employer must file the “Notification of Change in Information for Establishment Employing Foreign Nationals” (Annex “D” of Advisory No. 4-2021), within 10 working days after any changes in Company Address, Contact Numbers, Company Name or Authorized Signatory.

Advisory No. 7-2021 provides sample publications that comply with the requirements of Section 5 of DO No. 221, s. 2021, which must be in a newspaper of general circulation. The proof of publication, which must be submitted with the AEP application, must contain the name of the newspaper, date of publication and number of job vacancies. The following proof shall be accepted:

  • Affidavit of publication issued by the publisher
  • News clippings containing the date of publication and name of newspaper

The DOLE will process AEP applications only for the positions stated in the proof of publication.

Advisory No. 8-2021 provides the updated list of documentary requirements for cancellation of AEP:

  • Letter request for cancellation stating the reasons for the request, filed only by the original company or foreign national
  • If it is the foreign employee applying for cancellation of their AEP, clearance or certification issued by original employer
  • Copy of ID of the signatory of clearance/certification
  • Original AEP card, if request for cancellation is filed during its validity
  • If AEP is lost: (a) affidavit of loss; (b) police report; and (c) copy of passport information page

AEPs that have are already been cancelled shall not be reinstated.

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Author

Miguel Galvez is a partner in Baker McKenzie Philippines . His practice focus in immigration, commercial, criminal and administrative litigation, arbitration, anti-bribery and anti-corruption compliance. With 14 years of experience, he has represented and advised various global and local clients in these areas. He has given various lectures in Mandatory Continuing Legal Education courses on the subject of immigration and remedial law. He has also lectured on the subject of anti-bribery and anti-corruption compliance.

Author

Rafael Roman Cruz is an associate in Quisumbing Torres' Dispute Resolution Practice Group and the Consumer Goods and Retail Industry Group. Prior to joining the Firm, he assisted various clients on corporate and tax issues, including local regulatory and government compliance requirements. He also handled employment and general litigation for clients. He graduated with honors from the Ateneo de Manila Law School in 2017.

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