MANILA — Foreign nationals who are excluded from obtaining an Alien Employment Permit (AEP) are required to secure a Certificate of Exclusion from the Regional Office of the Department of Labor and Employment (DOLE) which has jurisdiction over their intended place of work.
This requirement is included in the Department Order No. 186, Series of 2017, or the revised rules for the issuance of employment permits to foreigners, which was signed by Labor Secretary Silvestre Bello III on November 16 and effective on December 9.
In a statement, the DOLE said that foreigners who intend to engage in employment in the Philippines shall apply for AEP, which is one of the requirements for the issuance of a work visa.
Those who are not required from securing an AEP are: the members of the governing board with voting rights only and do not intervene in the management of the corporation or in the day to day operation of the enterprise; President and Treasurer, who are part-owners of the company; and those providing consultancy services who do not have employers in the Philippines.
The certificate of exclusion shall be subject to a PHP500 application fee and shall be issued by the DOLE Regional Office within two working days after receipt of complete documentary requirements and fees.
Likewise, excluded from securing an AEP are: intra corporate transferee who is a manager, executive, or specialist; employee of Foreign Service supplier with at least one year continuous employment prior to deployment to a branch, subsidiary, affiliate or representative office in the Philippines; contractual service supplier who is a manager, executive, or specialist and an employee of a foreign service supplier which has no commercial presence in the Philippines; and representative of the Foreign Principal/Employer assigned in the Office of Licensed Manning Agency (OLMA) in accordance with the laws, rules, and regulations of the Philippine Overseas Employment Administration (POEA).
Foreigners requesting for the issuance of a certificate of exclusion are required to submit a letter request addressed to the DOLE Regional Director having jurisdiction over the intended place of work; valid business/Mayor’s permit of the Philippine-based company or enterprise; and photocopy of passport with valid visa.
The agency said that additional documents shall be required for specific categories of foreign nationals applying for a certificate of exclusion.
For President, Treasurer, and Members of Governing Boards (excluding those listed in the Foreign Investment Negative List), they shall submit a certified true copy of the updated General Information Sheet showing the name and position of the foreign national; a certification that the requesting foreign national is a member of the governing board with voting rights only, will not in any manner intervene in the management and operation of an enterprise, and with no intention to obtain gainful employment; and Board Secretary’s Certificate of Election.
For intra-corporate transferees, they shall submit a contract of employment from the originating company, including proof of salary, and second agreement.
Meanwhile, contractual service suppliers shall submit a Contract of Employment from the origin company, including proof of salary, and service contract between the Philippine-based company and the foreign company.
For consultants, a service contract between the Philippine-based company and the consultant or foreign consulting company must be submitted; while representatives of the Foreign Principal/Employer assigned in OLMA, shall submit a Letter of Acknowledgement from POEA.