On February 11, 2022, the Department of Labor and Employment (“DOLE”) issued Department Order No. 221-A-22, or the Guidelines in the Accreditation of Agents and Appointment of Employers Authorized Representatives for filing of Alien Employment Permit (AEP) Applications and Related Documents (the “AEP Accreditation Guidelines”), pursuant to Section 28 of DOLE Department Order No. 221, series of 2021, or the Revised Rules and Regulation for the Issuance of Employment Permits to Foreign Nationals (the “AEP IRR”).
The AEP Accreditation Guidelines allow consultancy firms, law offices, and Employers’ Authorized Representatives (“EARs”), through their employer, to apply for an Alien Employment Permit (“AEP”) or Certificate of Exemption or Exclusion, on behalf of the employer or foreign national, provided they have been accredited and registered with the DOLE as an Accredited Agent (“AA”) together with their transacting employee (i.e., EAR) or authorized personnel (“AP”).
The applicant consultancy firm, law office, or EAR must submit an application for accreditation together with all the required documents to the DOLE Regional Office. Applications with incomplete requirements shall not be accepted, received, or processed. The following fees to be paid by the applicant shall be non-refundable: [a] PhP8,000 for Accreditation registration; [b] PhP8,000.00 for renewal of Accreditation; [c] PhP2,000 for each Accreditation ID and/or replacement thereof; and [d] PhP4,000 for each Supplemental Authority to Transact per regional application.
The DOLE Regional Office shall evaluate and process the approval of applications and issue the Certificate of Accreditation within five working days. The Certificate of Accreditation shall be valid for two years across all DOLE Regional Offices. The DOLE Regional Office concerned shall issue an Authority to Transact and the corresponding Accreditation ID to the AP or EAR indicating the same validity, unless sooner revoked or cancelled.
No Accreditation ID shall be issued to the AP or EAR prior to his/her attendance to the DOLE Training, Orientation or seminar for awareness and compliance to the AEP Guidelines and the AEP IRR, which is scheduled within one month from the date the Certificate of Accreditation is issued.
The AP/EAR must also present their Accreditation ID upon entry and wear it at all times while inside the DOLE premises. A photocopy of their ID must also be attached in all applications that they facilitate for processing.
For clients situated in another region, the AA may apply for a Supplemental Authority to Transact with the concerned DOLE Regional Office to allow its AP to transact in that said region.
The Accreditation covers only transactions related to the application for AEP, either new or for renewal, Certificate of Exclusion, and Certificate of Exemption. A Service Contract or Agreement between the AA and the Philippine-based employer or foreign national must clearly define the scope and extent of authority of the AA in the said applications and must be submitted to the DOLE Regional Office prior to the commencement of any transaction. The AP is prohibited from transacting with the DOLE Regional Office without the required prior submission of the Service Contract Agreement.
Read the latest issue of SyCipLaw Employment and Immigration Update here or via this link.
For further information, please contact:
Ronald Mark C. Lleno, Partner, SyCip Salazar Hernandez & Gatmaitan