Alien Certificate Of Employment

What Are The Requirements in Obtaining an Alien Certificate of Employment?

(Excerpts from the Philippine Labor Code Implementing Rules & Regulations)

Introduction

Globalization gives rise to numerous business expansions of foreign corporations here in the Philippines. With this, foreign employers and their employees usually face difficulties in procuring employment permits from the Department of Labor and Employment (DOLE); hence, the following discussion aims to provide a solution to said problem.

Discussion

The requirements mandated by the Rules in obtaining employment permits are as follows:

1. Curriculum vitae duly signed by the applicant indicating 1)his educational background; 2) his work experience; and 3) other data showing that he possesses high technical skills in his trade or profession;


2. Contract of employment between the employer and the principal which shall contain the following, among others:


1. That the non-resident alien worker shall comply with all applicable laws and rules and regulations of the Philippines;


2. That the non-resident alien worker and the employer shall bind themselves to train at least two (2) Filipino understudies for a period to be determined by the Secretary of Labor and Employment; and


3. That he shall not engage in any gainful employment other than that for which he was issued a permit.


3. A designation by the employer of at least two (2) understudies for every alien worker. Such understudies must be the most ranking regular employees in the section or department for which the expatriates are being hired to ensure the actual transfer of technology.

Bases in the grant or denial of the employment permit

The Secretary of Labor and Employment may issue an employment permit to the applicant based on the criteria below:

1. Compliance by the applicant and his employer with the requirements of Section 2 hereof;



Section 2 of the said Implementing Rules and Regulations provide:

SECTION 2. Submission of list. — All employers employing foreign nationals, whether resident or non-resident shall submit a list of such nationals to the Bureau indicating their names, citizenship, foreign and local addresses; nature of employment and status of stay in the Philippines.



2. Report of the Bureau Director as to the availability or non-availability of any person in the Philippines who is competent, able, and willing to do the job for which the services of the applicant are desired;


3. His assessment as to whether or not the employment of the applicant will redound to the national interest;


4. Admissibility of the alien as certified by the Commission on Immigration and Deportation;


5. The recommendation of the Board of Investments or other appropriate government agencies if the applicant will be employed in preferred areas of investments or in accordance with imperatives of economic developments; and


6. Payments of a P100.00 fee.

Duration of the employment permit

The employment permit shall be valid for a minimum period of one (1) year starting from the date of its issuance except when revoked sooner by the Secretary of Labor and Employment due to violations of the Labor Code or its implementing rules. Said permit may also be renewed upon good cause shown.

Other relevant information

No alien seeking employment, whether on resident or non-resident status, may enter the Philippines without first securing above employment permit from the Department of Labor and Employment. If an alien enters the country under a non-working visa and wishes to be employed thereafter, he may only be allowed upon presentation of a duly approved employment permit.