Under Section 12 Article XII of 1987 Constitution, the State shall adhere to the preferential use of Filipino labor or otherwise known as the “Filipino First” policy in hiring employees in an establishment.
Employers, however, are not totally prohibited from hiring foreign nationals, nor is foreign nationals prohibited to seek employment in the Philippines. Under Article 40 of the Labor Code of the Philippines, foreign nationals may work in the Philippines granting they are issued an employment permit after determining the non-availability of a Filipino to do the services required. Such an employment permit is referred to as an Alien Employment Permit or AEP.
What is an Alien Employment Permit (AEP)?
An Alien Employment Permit (AEP) is a permit issued by the Department of Labor and Employment (DOLE) to a non-resident alien or a foreign national seeking to be employed in the Philippines after a determination of the non-availability of a Filipino citizen to perform the services for which the foreign national is desired.
Who Should Apply for an Alien Employment Permit (AEP)?
All foreign nationals who seek to engage employment in the Philippines and a Filipino employer who desires to hire foreign nationals for employment in the Philippines are eligible to apply for an Alien Employment Permit (AEP).
What is a Work Visa (9G)?
Under the Commonwealth Act. No. 613 or the Philippine Immigration Act, a Work Visa (9G) is a pre-arranged employment visa issued by the Bureau of Immigration (BI) to a non-resident alien to be able to work in the Philippines after obtaining an AEP from the DOLE and after complying with Section 20 of the said Act.
Who Can Apply for a Work Visa (9G)?
Foreign nationals seeking employment in the Philippines are required to apply for a Work Visa (9G). If they will be accompanied in the course of their employment in the country, his/her spouse and their unmarried children who are under twenty-one (21) years of age may also apply for a Work Visa.
What is the Difference between an Alien Employment Permit (AEP) and a Work Visa (9G)?
Without an Alien Employment Permit (AEP), the foreign national cannot apply for a Work Visa or 9G visa and cannot be able to pursue his/her employment in the Philippines.
The AEP is the permit from the Department of Labor and Employment (DOLE) to engage in employment. On the other hand, the Work Visa or 9G Visa is a type of visa issued by the Bureau of Immigration (BI) through the Philippine Consulate located at the country where the foreign national is residing, to be able to validly enter the Philippines and pursue his/her employment in the country.
Need further information and assistance regarding Alien Employment Permit and Work Visa? 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.
3 Responses
Your article helped me a lot, is there any more related content? Thanks!
Need an employment visa in Philippines.i am an Indian national staying in Hongkong.
Good day, Kala!
To provide you with the most accurate and detailed response, you may reach us at (+632) 8478 5826 or +63 917 194 0482, or email info@duranschulze.com. Thank you for your cooperation, and we look forward to assisting you.