Non-resident alien employees

1. Summary

▪ Foreigners or non-resident aliens are required to obtain an alien employment permit (AEP) prior to working in the Philippines.

▪ They are prohibited from transferring employment without prior approval from the DOLE Secretary.

▪ An employment contract is void if there is no alien employment permit.

2. Concept

Any foreigner or 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 alien employment permit (AEP) from the Department of Labor and Employment. (Article 40, Labor Code)

3. Requirements

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. (Paragraph 2, Article 40, Ibid.)

For an enterprise registered in preferred areas of investments, said alien employment permit may be issued upon recommendation of the government agency charged with the supervision of said registered enterprise. (Paragraph 3, Article 40, Ibid.)

4. Prohibition against transfer of employment

After the issuance of an alien employment permit, the alien shall not transfer to another job or change his employer without prior approval of the DOLE Secretary. (Article 41[a], Ibid.)

Any non-resident alien who ...

 



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