Published — June 1, 2022
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
To learn more about COVID-19’s impact aside from application of Alien Employment Permits: COVID – 19 AND ITS IMPACT ON THE MANAGEMENT PREROGATIVE OF EMPLOYERS
The Labor Code of the Philippines, particularly under Article 40, allows the employment of any alien in the Philippines. However, the employment of alien is subject to the determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired. Furthermore, the alien shall obtain an Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE).
Pursuant to Proclamation Nos. 922 (Declaring a State of Public Health Emergency throughout the Philippines) and 929 (Declaring a State of Calamity Throughout the Philippines due to Corona Virus Disease 2019), series of 2020, the DOLE has suspended until further notice the issuance and renewal of AEPs of foreign nationals through the issuance of DOLE NCR Advisory No. 20-04 dated March 23, 2020 that was also posted on their official facebook account (Department of Labor and Employment-National Capital Region) last March 24, 2020 at 9:49 am. The DOLE as a result, will not impose any penalty or administrative fine for those AEPs that will expire during the suspension period and will still be considered as a renewal application. In case of new AEP application of foreign nationals whose employment will start during the suspension period or the 15 days grace period has already lapsed will not be charged the penalty imposed for late filing.
On May 4, 2020, the DOLE, through Labor Advisory No. 16, 2020, now states that AEPs due for renewal during the implementation of the Enhanced Community Quarantine (ECQ) and General Community Quarantine (GCQ) can be filed, without penalty, within forty-five (45) days after the lifting of the same. The publication and posting of new AEP applications may now be undertaken primarily in the official DOLE website of the concerned Regional Office (RO) and/or Public Employment Service Office (PESO), and is temporarily allowed in the regions where publishers of newspaper of general circulation are not yet allowed to operate.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.
SUBSCRIBE NOW FOR MORE LEGAL UPDATES!
[email-subscribers-form id=”4″]