DOLE Releases Guidelines in the Accreditation of Agents and Appointment of Employer’s Authorized Representatives for Filing of Alien Employment Permit Applications and Related Documents

The Department of Labor and Employment (“DOLE”) issued Department Order No. 221-A, series of 2022, (the “Guidelines”) to institutionalize the accreditation of Agents and Employer’s representatives authorized to represent, to act for and on behalf of a Philippine-based employer and/or foreign national for the application and issuance of Alien Employment Permit (“AEP”) by the DOLE, through its regional offices (“DOLE-RO”). The Guidelines shall also cover applications for Certificate of Exemption and Certificate of Exclusion by entities or foreign nationals in the performance of their duties and responsibilities requiring their presence in the Philippines.

Who may apply for accreditation

Under the Guidelines, consultancy firms, law offices, and the employer’s authorized representative may apply for an AEP or Certificate of Exemption or Exclusion, on behalf of the employer or foreign national, provided that they have been accredited and are registered with the DOLE. Individuals or entities applying for accreditation shall file their application with the DOLE-RO where the principal office is located.

Accreditation process

The DOLE-RO shall evaluate and process the approval of the application for accreditation and shall issue the Certificate of Accreditation within five (5) working days. The accreditation shall be valid for two (2) years across all DOLE-ROs. 

For clients situated in another region, the accredited agent may apply for a Supplemental Authority to Transact with the concerned DOLE-RO so its authorized personnel may be able to transact in the said region A maximum of three (3) personnel of the Accredited Agent may be authorized to represent and transact with the DOLE to apply for an AEP, Certificate of Exemption or Exclusion, who shall be eligible to be issued with the Second Authority to Transact.

An application for renewal may be filed within thirty (30) days before the expiration of the Certificate of Accreditation, subject to the submission of updated requirements. The renewed Certificate of Accreditation shall be valid from the date of expiry of the previous Certificate.

Transactions covered by the Accreditation

All applications for AEP, Certificate of Exemption and Exclusion filed by the Accredited Agent shall be covered by a Service Contract/Agreement which shall clearly define the scope and extent of authority in the said application/s duly executed by and between the Accredited Agent and the Philippine-based employer or foreign national. The agreement may be in a form of master contract for employers and individual contracts for foreign nationals. The same shall be submitted to the DOLE-RO prior to the commencement of any transaction.

In case of partnership or corporation, a duly notarized Board Resolution/Secretary’s Certificate or its equivalent, shall also be submitted as proof of representation and contracted by the employer or foreign national, as the case may be.

Duties and responsibilities of Accredited Agent

Under the Guidelines, the Accredited Agent/Employer and their authorized personnel shall have the following responsibilities: 

1. Adhere and comply with the provisions of DOLE DO 221 series of 2021, or any existing guidelines, in applying for an AEP, Certificate of Exemption and Certificate of Exclusion;
2. Provide the DOLE updated documentary requirements in case of expiry during the validity of the Accreditation or expiry of the DOLE Pass ID, as the case may be;
3. Ensure attendance of its authorized personnel to the training/seminar conducted by the DOLE for awareness and compliance to AEP Guidelines;
4. Ensure that AP/EAR shall present upon entry and wear at all times their respective IDs while in the premises of DOLE. A photocopy of their ID shall be attached in all applications they facilitate for processing;
5. Submit immediately a notification of any changes in representation.

Penalties

The following penalties will be imposed upon Accredited Personnel found to have violated the Guidelines:

Five consolidated offenses of accredited personnel shall result in the revocation of the agent’s authorized personnel’s authority to transact and the accredited agent will receive a reprimand, without prejudice to other penalties that may be imposed.

The Guidelines shall be fully implemented ninety (90) days after its effectivity. The full text of the issuance may be accessed here.