ChanRobles Virtual law Library
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This web page features the full text of Department Order No. 12 (Series of 2001). OMNIBUS GUIDELINES FOR THE ISSUANCE OF EMPLOYMENT PERMITS TO FOREIGN NATIONALS. DEPARTMENT ORDER NO. 12 (Series of 2001) Pursuant to the
provisions of Articles 5 and 40 of P.
D. 442, as amended, the provisions of Rule XIV, Book I of its
Implementing
Rules and Regulations, Section 17(5), Chapter 4, Title VII of the Administrative
Code of 1987, the following Omnibus Guidelines for the issuance of
Employment Permits are hereby promulgated:chanroblesvirtuallawlibrary
Coverage and Exemption 1. The following shall apply for Alien Employment Permit (AEP): 1.1. All foreign nationals seeking admission to the Philippines for the purpose of employment;2. Exemption. The following categories of foreign nationals are exempt from securing an employment permit in order to work in the Philippines. 2.1 All members of the diplomatic services and foreign government officials accredited by the Philippine Government; Procedures in the Processing of Applications for AEP 1. All foreign nationals seeking employment in the Philippines under Rule 1 hereof or their prospective employers, shall file their applications with the DOLE Regional Office having jurisdiction over the intended place of work. 2. Fees - The applicant shall pay filing, publication and permit fees in the amount of Eight thousand pesos (P8,000.00) for each application for AEP with a validity of one (1) year. Three thousand pesos (P3,000.00) shall be charged for every additional year of validity or a fraction thereof. 3. An AEP shall be issued based on the following:chanroblesvirtuallawlibrary
3.1. Compliance bye the applicant employer or the foreign national with the substantive and documentary requirements;4. Denial of Application for AEP - An application for AEP may be denied based on the ground of non-compliance with any of the requirements for issuance of AEP or for misrepresentation of facts in the application or submission of falsified or tampered documents. Foreign nationals whose applications have been denied shall not be allowed to re-apply in any of the DOLE Regional Offices. 5. Renewal
of Permit - An application for renewal of AEP shall be filed at
least
fifteen (15) days before its expiration. For elective officers,
applications
for renewal shall be filed upon election or at least thirty (30) days
before
the effectivity of the applicant's term of office if the succeeding
term
of office is ascertained.
6. The employer shall notify the DOLE-RO which issued the permit of the date of the assumption to duty of the foreign national within thirty (30) days from issuance of the permit. 7. Validity of Permits - The validity of permits shall be as follows:chanroblesvirtuallawlibrary
7.1. As a general rule, the validity of permits shall be for a period of one (1) year, unless the employment contract, consultancy services, or other modes of engagement or term of office for elective officers, provides for a longer period. Revocation/Cancellation of Employment Permits Issued 1. The permits issued may, motu proprio or upon a petition, be cancelled or revoked based on any of the following grounds:chanroblesvirtuallawlibrary 1.1 Misrepresentation of facts or falsification of the documents submitted;2. Petitions for cancellation or revocation of permits issued shall be resolved within thirty (30) calendars from receipt thereof. 3. Any aggrieved party may file a Motion for Reconsideration and/or Appeal and the same shall be resolved based on Paragraph 4 of this Rule. 4. Remedies in Case of Denial or Cancellation - A Motion for Reconsideration maybe filed by an aggrieved party within seven (7) calendar days after receipt of the Order of Denial/Cancellation. The DOLE Regional Director shall resolve the said Motion for Reconsideration within ten (10) calendar days from receipt thereof. A motion for Reconsideration filed after the period of seven (7) calendar days but within ten (10) calendar days after receipt of the denial shall be treated as an appeal. An appeal from
the decision of the DOLE Regional Director may be filed with the
Secretary
of labor and Employment within ten (10) calendar days from receipt of
an
Order from the DOLE Regional Director. The decision of the Secretary of
Labor and Employment shall be final and unappealable.
Penal and Transitory Provisions 1. The DOLE Regional Directors, after due notice and hearing, shall have the power to order and impose a fine of Five Thousand Pesos (P5,000.00) on foreign nationals found working without an AEP for less than one (1) year and Ten Thousand Pesos (P10,000.00) for more than one (1) year. 2. All applications for employment permit/certificates pending at the DOLE-RO upon the effectivity of these Guidelines shall be covered and processed under the provisions of these Guidelines. 3. Holders of provisional and extended AEPs issued under Memorandum dated 24 August 2001 regarding Alternative Interim Measures for the Issuance of Alien Employment Permits, shall apply for an AEP pursuant to these Guidelines on or before the expiration of the provisional and extended AEP. 4. Foreign nationals who are already working in the country and who have not yet secured the requisite employment permit shall have ninety (90) days from the effectivity of these Guidelines to secure the said employment permit without penalty. Rule V
1. Manual of Operations. - The Bureau of Local Employment shall issue a Manual of Operations to implement the provisions of these Guidelines. 2. Separability Clause. - If any provision or part of this Department Order or the application thereof to any person or circumstance is held invalid by the Courts, the remaining valid provisions of this Department Order shall not be affected. 3. Repealing Clause. - All guidelines, rules and regulations and agreements inconsistent herewith are hereby repealed or modified accordingly. 4. Effectivity.
- These guidelines shall take effect fifteen (15) days after its
publication
in two (2) newspapers of general circulation.
16 November 2001 PATRICIA A. STO. TOMAS Secretary Back to Top - Back to Home - Back to Philippine Labor Circular Index
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