Effective 28 August 2015, the Philippines Department of Labor and Employment (DOLE) has issued revised Alien Employment Permit (AEP) rules. Among the major changes are stricter labour-market testing and understudy training rules, and new employment permit exemptions.
Labour-Market Testing Strengthened
The labour market test conducted by DOLE will now include publication of the AEP application details in a general circulation newspaper, and also on the DOLE website for a period of 30 days. This now also applies to an applications for an additional position in the same company or a subsequent assignment in any related company.
The published notification must now include more details, including the foreign national applicant’s name, position, employer, address, qualifications, job description, salary and any other benefits.
Any Filipino national who is “competent, able and willing” to do the job for which the foreign national is requesting an AEP may file an objection at the DOLE Regional Office of application within thirty days after publication.
A foreign national whose AEP has been denied or cancelled may appeal within ten days of this decision.
Understudy Training Program Reinforced
The employer must now submit an understudy training programme to be conducted by the foreign national to transfer their skill or knowledge to two Filipino workers. This requirement only applies to technical positions, and not to executive or managerial positions.
New Categories of Exemptions and Exclusions
The new rules list categories of foreign nationals who are exempt from requiring an AEP due to international agreements, and also those “excluded” from the requirement to obtain an AEP because they are not considered to be working in the Philippines. The latter include: