While Filipino citizens are prioritized when it comes to employment opportunities in our country, this does not mean that foreign nationals cannot seek job opportunities as well in the Philippines.
For foreign nationals to be able to have gainful employment in our country, they would need to secure, among others, an Alien Employment Permit.
What is an Alien Employment Permit?
According to the Department of Labor and Employment (DOLE), it is “a permit issued to a non-resident alien or foreign national seeking admission to the Philippines for employment purposes after a determination of the non-availability of Filipino citizen who is competent, able and willing at the time of application to perform the services for which the alien is desired.”
Who are Eligible to Apply for Alien Employment Permit (AEP)?
The Department of Labor and Employment (DOLE) stated that those who may avail of the Alien Employment Permit are “all foreign nationals who intend to engage in gainful employment in the Philippines and any domestic or foreign employer who desires to engage an alien for employment in the Philippines.” This is in line with the provisions of the Labor Code on the employment permit of non-resident aliens.
Article 40 of the said law states that, “any 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 employment permit from the Department of Labor.”
What are the Reasons for Alien Employment Permit (AEP) Cancellation?
The following are the reason why an AEP is needed to be cancelled:
- Resignation
- Termination
- Change of job description
- Change of visa status (married to a Filipino or work for a different company)
Moreover, if you resigned or were terminated from your work, you are no longer connected with the company that applied for your AEP. If you were promoted, your job title is no longer consistent with the AEP ID issued to you. Additionally, if you married a Filipino, you are now qualified to secure an AEP Exemption.
What are the Requirements for Alien Employment Permit (AEP) Cancellation?
The requirements for the cancellation of Alien Employment Permits were stated in Advisory No. 08-2021, issued by the Department of Labor and Employment. This department advisory is in concurrence with the Department Order No. 221, series of 2021, Revised Rules and Regulations for the Issuance of Employment Permits to Foreign Nationals.
For the cancellation of Alien Employment Permits, the following documents shall be submitted:
- Letter request for cancellation shall only be made by the original company or foreign national and reason/s shall be indicated/ stated therein;
- In case the foreign national (FN) requested for the cancellation of his/her AEP, FN shall provide a clearance or certification issued by original employer;
- Copy of Corporate I.D. of the signatory of clearance/ certification;
- If AEP is still valid, original AEP card must be surrendered for perforation;
- If AEP was lost, the following additional requirements shall be submitted:
- Affidavit of Loss (duly notarized);
- Police report; and
- Copy of passport info page for proper identification.
Furthermore, the advisory mentioned that the Alien Employment Permit (AEP) shall no longer be reinstated if it is reflected in the AEP Management System that it already has been cancelled.
For more detailed information regarding Alien Employment Permit Cancellation you may read New Alien Employment Permit (AEP) Rules & Cancellation.
Need further information and assistance regarding Alien Employment Permit (AEP)? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
