Looking for a job can be challenging, especially knowing that many candidates like you are giving all their best to get hired. But as the saying goes, “Don’t limit yourself, challenge your limits.” This isn’t just a motivational quote but a reminder that you have greater potential than you think you may have.
The Philippines offers plenty of promising career opportunities, even for foreigners like you. So what are you waiting for? Send that email in your drafts to the Philippine company where you would like to build and grow your career. Just keep in mind that your resume or curriculum vitae might not be the only required document.
In this blog, we’ll guide you about the different types of work permits and the benefits you can enjoy while working as a foreign national in the Philippines.
Work Permits
Work permits are legal documents issued by the Department of Labor and Employment (DOLE). It serves as your proof that you are legally working in the country. It is also one of the requirements when applying for a Work Visa (9G), which you must have as well. Note that work permits and work visa have different requirements and application processes. Both have an expiration data that can be renewed for another period to extend your working status.
Types of Work Permits in the Philippines
In the Philippines, there are three (3) work permits available for foreign workers:
1.) Alien Employment Permit (AEP)
Alien Employment Permit (AEP) is issued to foreign nationals who want to work in the Philippines. It is valid for one (1) to three (3) years, or depending on your employment contract.
Please note that if you are possess one of the following qualifications then you are exempted from securing an AEP:
Government official and member of the diplomatic service
Your principal’s owners and representative whose businesses are accredited by the Philippine Overseas Employment Administration (POEA)
Holder of a probationary, temporary resident, and permanent resident visa
Member of international organizations where the Philippines is a member of
Missionary who engages only in missionary work and not in gainful employment
Have voting rights in a Philippine-based operation or business
Visiting, adjunct or exchange professors who come to the country under a special arrangement between the country and a foreign institution or government
2.) Provisional Work Permit (PWP)
A Provisional Work Permit (PWP) is issued to foreign employees whose work visa or Alien Employment Permit (AEP) is still in process to foreign workers. It is valid for three (3) months from the date of issuance, or until the application has been approved. This can be renewed for three (3) months to six (6) months, expected that your work visa or AEP has been already approved.
3.) Special Work Permit (SWP)
A Special Work Permit (SWP) is issued to foreign workers who are employed for a short-term. It is valid for three (3) months and can be renewed for three (3) months.
To be specific, a SWP is given to the following individuals:
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Professional athletes have a competition or participation in an event for less than six (6) months
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Foreign nationals with special merits and abilities who have been invited to the country for specific temporary activities
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Movie or TV show crew who has a shooting in the country
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Reporters who have to cover an event or interview a person in the country
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Artist who has a concert or performance in the country for a limited period of time
Requirements for Work Permits in the Philippines
The documentary requirements needed when applying for a work permit are as follows:
Alien Employment Permit (AEP) Requirements
Photocopy of passport with work visa, or Certificate of Recognition for Refugees or Stateless Persons
Original copy of notarized appointment or contract of employment enumerating the duties and responsibilities, annual salary, and other benefits
Photocopy of Mayor’s Permit to operate business, in case locators in economic zones, Certification from the Philippine Economic Zone Authority (PEZA) or the Ecozone Authority that the company is located and operating within the ecozone, while in case of a construction company, photocopy of license from Philippine Contractors Accreditation Board (PCAB) or DO 18-A Registration submitted in lieu of Mayor’s Permit
Copy of employer’s understudy training program to be conducted by the foreign national to transfer the knowledge and/or skills to the Filipino worker
Additional documents, if required
Provisional Work Permit (PWP) Requirements
Letter request addressed to the Commissioner from the petitioning employer with an undertaking to withhold and remit to the Bureau of Internal Revenue (BIR) taxes due to all income of the applicant
Duly accomplished Consolidated General Application Form (CGAF)
Photocopy of passport bio-page, entry-visa (if applicable), latest admission and updated Temporary Visitor’s Visa or valid authorized stay
Duly acknowledged Contract of Service, Employment Contract, Secretary’s Certificate of Election, Appointment, Assignment, Secondment or Deployment of applicant, or equivalent document indicating duration of employment, compensation and other benefits, and scope of duties
For consultant or specialist positions, a justification that despite best efforts,, no Filipino is able and willing to provide such consultancy or specialized service
For corporation or partnership, Board Resolution if the signatories of the letter of application and employment contract are other than those appearing in the Articles of Incorporation and in the latest General Information Sheet (GIS)
Photocopy of the official receipt of Alien Employment Permit (AEP) or Work Visa (9G) application, whichever is still pending
Photocopy of Taxpayer’s Identification Number (TIN) card or proof of TIN
Special Temporary Permit (STP), if intended to practice profession regulated by the Professional Regulation Commission (PRC)
BI Clearance Certificate
Additional requirements, if necessary
Special Work Permit (SWP) Requirements
Letter request addressed to the Commissioner from the petitioning company
Duly accomplished Consolidated General Application Form (CGAF)
Photocopy of passport bio-page, entry visa (if applicable), latest admission and updated Temporary Visitor’s Visa or valid authorized stay
Duly acknowledged Contract of Service, Secretary’s Certificate of Election, Appointment, Assignment, Secondment or Deployment, or equivalent document indicating duration of service, compensation and other benefits, and scope of duties
For consultant or specialist position, applicant must be at least twenty-five (25) years old and submit the following documents:
Certified True Copy of Diploma or Certificate of Completion as attested by the Human Resource Manager or any officer of the company authorized by Board of Resolution or Special Power of Attorney (SPA)
Certificate of Training, Course Completion or resume as attested by the Human Resource Manager or any officer of the company authorized by the Board Resolution or Special Power of Attorney (SPA)
For regulated professions, applicant must submit Special Temporary Permit (STP) duly issued by the Professional Regulation Commission (PRC)
Photocopy of Taxpayer’s Identification Number (TIN) card or proof of TIN
BI Clearance Certificate
Additional documents, if required
Work Permits Application Process in the Philippines
The application process of work permits in the Philippines may vary depending on the type of permit you are applying for. To be guided, follow the steps below:
Alien Employment Permit (AEP) Application Process
AEP applications must be submitted at the DOLE Regional Office or Field Office that has jurisdiction over the place of your employment. To be guided with your application, follow this procedure:
Consult with a Service Provider. Seeking assistance from a service provider is optional but it is highly recommended to ensure a smooth and efficient application process. With their expertise, they can guide you throughout the process and help address any potential issues.
Determine the Appropriate Work Permit. Before proceeding with the application, identify the specific type of work permit applicable to your employment. Hiring a service provider would be helpful on this step since they can guide you on assessing which work permit best suits your situation.
Preparation and Submission of Documents. Gather all necessary documents and file them with the Department of Labor and Employment (DOLE). Your authorized representative or employer may also file the application on your behalf.
Review and Publication. Once all required documents are submitted, the DOLE will review your application and publish it in a newspaper of general circulation to verify that there is no qualified Filipino who is available to take the job position.
Evaluation. Once confirmed that there is no qualified Filipino available to fill the position, the DOLE will carefully assess your application and evaluate whether to issue a work permit. This process usually takes two (2) to three (3) weeks.
AEP Issuance. If the application meets all requirements, the DOLE will issue an Alien Employment Permit (AEP). Once received, you may proceed to apply for a work visa. However, if your AEP is still pending, you may apply for a Provisional Work Permit (PWP).
Provisional Work Permit (PWP) Application Process
PWP applications must be submitted at the Bureau of Immigration (BI) main office or other offices. To be guided with your application, follow this procedure:
Consult with a Service Provider. A guidance from a service provider is highly advisable when processing an application with the Bureau of Immigration (BI). With their expertise, they can guide you throughout the process and provide practical solutions in case any issues arise along the way.
Determine the Appropriate Work Permit. Before processing a work permit, it is crucial to identify the type of work permit appropriate for your employment to avoid any delays or complications. A service provider can assist you in evaluating and selecting the right permit for your situation.
Preparation and Submission of Documents. Prepare and submit all the required documents to the Bureau of Immigration (BI). Your duly representative or employer may also process the application on your behalf.
Review and Publication. Once all the requirements are complete, the BI will review your application and publish it in a newspaper of general circulation to verify whether a qualified Filipino citizen can fill the position. The review process usually takes two (2) to three (3) weeks.
PWP Issuance. While waiting for the approval of your Alien of Employment Permit (AEP) application, a Provisional Work Permit (PWP) will be issued to you, allowing you to work legally in the Philippines until your AEP is approved.
Special Work Permit (SWP) Application Process
SWP applications must be filed at the Bureau of Immigration (BI) main office or any of its designated branches.
Consult with a Service Provider. Hiring a service provider can simplify the process. They can guide you in gathering all the necessary documents and help you monitor your application to avoid any delays and difficulties all throughout the process.
Determine the Appropriate Work Permit. Before starting the application process, it is essential to identify the right type of work permit suited to your situation. This helps prevent possible delays or complications. If you are guided by a service provider, they can assess which permit is appropriate for your employment.
Preparation and Submission of Documents. Gather all the necessary documents and submit them to the Bureau of Immigration (BI).
SWP Issuance. Once your application has been reviewed and approved, the BI will issue a Special Work Permit (SWP).
Employee Benefits for Foreigners Working in the Philippines
Foreign nationals working in the Philippines are entitled to various benefits under the Philippine Labor Code, similar to Filipino employees. These benefits aim to promote fair labor practices and ensure the welfare of all employees. Here are some of the benefits you can expect:
1.) Working Hours
Under the Labor Code of the Philippines, the normal working hours for employees is eight (8) hours per day. Employees who work beyond these hours, during rest days, or on holidays are entitled to additional pay, such as overtime pay, rest day, or holiday pay. Additionally, employees are given at least one (1) hour or sixty (60) minutes of meal break.
2.) Service Incentive Leave (SIL)
Employees are entitled to multiple leaves that suits their needs, including:
Maternity Leave allows female employees to take 105 days of paid leave due to their childbirth or miscarriage. This can be extended for another thirty (30) days of unpaid leave. Additionally, solo female parents are entitled to an additional of fifteen (15) days of paid leave.
Paternity Leave allows male employees to take seven (7) to fourteen (14) days of paid leave for the first four (4) delivered of their legal spouse. While solo male parents are entitled to seven (7) days of paid maternity leave.
Sick Leave allows employees to take a paid leave in case they get hospitalized or incapacitated at home. The number of paid sick leaves may vary depending on the company policy. Employees must consult their HR department to clarify the number of paid sick leaves they may take since using all the paid leaves can result in a salary deduction.
Vacation Leave allows employees to take personal time off for rest, travel, or other matters. It is advisable to talk to your HR department to confirm the number of paid vacation days since using all the paid leaves can result in a salary deduction.
Other Employment Leaves are offered to different companies. This might be bereavement leave (in case of death of an immediate family member), solo parent leave, and others. To know if your employer offers these leaves, consult with your HR department to be guided.
3.) Home Development Mutual Fund or Pag-IBIG Fund
This provides housing loan programs, savings options, and other financial services for members, both Filipino and foreign workers. However, please note that foreign nationals can’t own land in the Philippines, but you can own a condominium unit with 60% of Filipino owners in the building.
4.) Philippine Health Insurance Corporation (PhilHealth)
PhilHealth covers a range of medical expenses, including inpatient and outpatient services, maternity care, and surgical procedures. However, many employers also offer additional health coverage through Health Maintenance Organizations (HMOs) or private insurance plans that may cover services not included by PhilHealth, such as dental care, optical care, and non-emergency surgeries.
5.) Social Security System (SSS)
Foreign employees who are compulsory or voluntary SSS members are entitled to social security benefits, including sickness, maternity, disability, retirement, and death benefits, depending on their contributions.
6.) Retirement Benefit
Employees aged sixty (60) and above who have served at least five (5) years with the same employer may be entitled to retirement pay, depending on the company’s retirement plan or the provisions of the Philippine Labor Code.
7.) 13th-Month Pay
All employees, regardless of nationality, are entitled to receive 13th-month pay. This is equivalent to one-twelfth (1/12) of their total basic salary earned within a calendar year. Please note that this is usually given before December 24.
8.) Additional Benefits or Company Perks
Many companies offer additional benefits or perks, which may include performance or Christmas bonuses, transportation and meal allowances, flexible work arrangements, training and development programs, and stock options or profit-sharing schemes.
To know what additional benefits your employer may offer, consult your HR department or review your employment contract. You may also consult with a lawyer who specializes with labor to fully understand your rights and benefits as a foreign worker in the Philippines.
Need further information and assistance regarding Work Permit? Talk to our team at Duran & Duran-Schulze Law in BGC, Metro Manila, Philippines 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.
