Dear Atty. Joji,
We intend to hire a non-resident foreigner as a consultant for our business. We would like to seek advice to ensure that he may lawfully engage in gainful employment in the Philippines.
Marian
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Dear Marian,
All foreigners seeking gainful employment in the Philippines shall apply for an Alien Employment Permit or AEP. Issued by the Department of Labor and Employment (DoLE), an AEP is required for foreigners seeking employment in the Philippines. (DO 146-15, Sec. 1).
Note however, that the foreign consultant will need a Special Work Permit (SWP) for short-term assignments or a 9(g) Pre-Arranged Employment Visa for longer-term employment in the Philippines. In case the employment involves practice of profession, the foreign national shall apply for a Special Temporary Permit (STP) from the PRC (RA 8981, Sec. 7, par (j)). If employment is in nationalized or partially nationalized industry, the foreign national shall apply for Authority to Employ Alien (AEA) from the DoJ (CA 108, as amended by PD 715). For the employment of foreign nationals in mining operation, the employer shall secure Authority to Hire Foreign National (AHFN) from the DENR (RA 7942 or the Philippine Mining Act of 1995, Sec 62).
However, he may be exempted from securing an AEP if he falls under any of the following categories of aliens:
All members of the diplomatic service and foreign government officials accredited by and with reciprocity agreement with the Philippine government;
Officers and staff of international organizations of which the Philippine government is a member and their legitimate spouses;
Owners and representatives of foreign principals whose companies are accredited by the POEA who come to the Philippines for a limited period and solely for interviewing Filipino applicants for employment abroad;
Foreign nationals who come to the Philippines to teach, present and/or conduct research studies in universities and colleges;
Permanent resident foreign nationals, and probationary or temporary resident visa hrs;
Refugees and Stateless persons recognized by DoJ; andForeign nationals granted exemption by law (DO 186-17, Sec. 2).
Hope this helps.
Atty. Joji Alonso