Key takeaways/changes from the old rules (DOLE Department Order No. 221, series of 2021)
Period to file an Alien Employment Permit (AEP) application
| Old rules |
New Rules |
| Within ten (10) working days from date of signing of the contract or prior to the commencement of employment |
Within fifteen (15) calendar days from: (a) the execution of the contract of employment between the employer and the foreign national; or (b) the issuance of an appointment by the former to the latter |
Labor Market Test
| Old rules |
New Rules |
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The employer shall cause the publication of the job vacancy being applied for by the foreign national in a newspaper of general circulation.
The DOLE-Regional Offices shall also publish and post in their website new AEP applications and have the same posted in the Public Employment Service Office (PESO) job boards for a period of thirty (30) days.
The DOLE-Regional Office may also refer to the DOLE'S PhilJobNet and PESO Employment Information System (PEIS) to establish the availability or non-availability of able and qualified Filipino workers.
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The employer shall cause the publication of the vacant position to be filled up and the name of the foreign national it intends to hire, in:
- A newspaper of general circulation
- The PhilJobnet
- The Public Employment Service Office (PESO) or Job Placement Office (JPO) having jurisdiction over the intended place of work.
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Certificate of Exemption
| Old rules |
New Rules |
| All foreign nationals exempted from securing an AEP may request for a Certificate of Exemption. |
A foreign national falling under any of the exemptions in Section 1, Rule V of the New Rules who intends to be employed in the Philippines shall request a Certificate of Exemption. |
Prohibited acts
| Old rules |
New Rules |
- Entering into an employment contract with an invalid and/or expired AEP
- Employing/hiring foreign nationals without a valid AEP; or possessing fraudulent or expired AEP
- Application for AEP filed beyond ten (10) working days after the date of signing of contract or after commencement of employment
- Other circumstances analogous to the foregoing
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- Any act of misrepresentation, false statement, tampering, fraud or other analogous or similar act that constitutes a ground for denial of an application for an AEP under Section 10 a) and b), Rule II of the New Rules
- Any act that constitutes a ground for revocation of an AEP under Section 3, paragraphs a), b), c) and e) of Rule IV of the New Rules
- Deliberate or willful disregard or non-compliance with any of the provisions of the New Rules.
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Corporate officers exempted from the publication requirement
A foreign national intended to be hired into any of the corporate officer positions as identified in the company's Articles of Incorporation, By-laws or General Information Sheet (GIS), and as certified by the corporate secretary shall be exempted from the requirement of publication under Section 1, Rule II of the New Rules.
Effectivity of the employment contract conditioned on the issuance of an AEP
The effectivity of the employment contract or appointment shall be conditioned on the issuance of an AEP by the DOLE in favor of the foreign national.
AEP application may be filed while the foreign national is outside the country
An application for an AEP may be filed and processed while the foreign national intended to be hired is still outside the country, provided that no AEP shall be released unless the foreign national has entered the country with the appropriate pre-arranged employment visa or 9(G) or working visa presented to the DOLE Regional Office.
Skills Development Program / Understudy Training Program
A Skills Development Program refers to a training plan of an employer which is: (a) granted fiscal incentives by the Government; (b) engaged in priority or strategic areas of investments; or (c) operating a public utility designed to transfer technology or skills possessed by a foreign national employed by such employer to at least two (2) regular rank-and-file Filipino employees per foreign national employed therein through learning sessions or any similar training modalities.
An Understudy Training Program refers to a training plan of an employer which is: (a) granted fiscal incentives by the Government; (b) engaged in priority or strategic areas of investments; or (c) operating a public utility designed to transfer technology or skills possessed by a foreign national to at least two (2) understudies who are regular employees of the employer and who are next-in-rank to such foreign national.
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