Under Section 12, Art. XII of 1987 Constitution, the State shall adhere to the preferential use of Filipino labor or otherwise known as the “Filipino First” policy in hiring employees in an establishment.
Employers, however, are not totally prohibited from hiring foreign nationals, nor is foreign nationals prohibited to seek employment in the Philippines. Under Art. 40 of the Labor Code, foreign nationals may work in the Philippines granting they are issued an employment permit after determining the non-availability of a Filipino to do the services required. Such an employment permit is referred to as an Alien Employment Permit or AEP.
What is an AEP?
An Alien Employment Permit (AEP) is a permit issued by the DOLE to a non-resident alien or a foreign national seeking to be employed in the Philippines after a determination of the non-availability of a Filipino citizen to perform the services for which the foreign national is desired.
Who may avail an AEP?
All foreign nationals who seek to engage employment in the Philippines or a Foreign employer who desires to hire foreign nationals for employment in the Philippines.
What is a 9G?
Under the Commonwealth Act. No. 613 or the Philippine Immigration Act, a 9G is a pre-arranged employment visa issued by the Bureau of Immigration to a non-resident alien to be able to work in the Philippines after obtaining an AEP from the DOLE and after complying with Section 20 of the said Act.
Who should avail a 9G?
The foreign national, his/her spouse, and their unmarried children who are under twenty-one years of age if they will accompany the foreign national in the course of his employment here in the Philippines.
What is the difference between an AEP and a 9G?
Without an AEP, the foreign national cannot apply for a 9G visa and be able to pursue his/her employment in the Philippines.
The AEP is the permit from the DOLE to engage in employment while 9G is the working visa issued by the Bureau of Immigration through the Philippine Consulate located at the country where the foreign national is residing, to be able to validly enter the Philippines and pursue his/her employment in the country.
Need further information and assistance on VISA matters? Talk to our Visa team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or send an email to [email protected] for more information.