Business Consulting BlogCompanies With Foreign Nationals to File Quarterly Report With DOLE

February 16, 2022
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Companies who employ foreign nationals (FNs) in their teams and workplaces are reminded to begin working on their quarterly report with the Department of Labor and Employment (DOLE) for submission on or before April 30, 2022.

This reporting process, which follows Section 25, “Duties of the Employer” under DOLE Department Order (DO) No. 221, s. 2021 of the Revised Rules and Regulations for the Issuance of Employment Permits To Foreign Nationals, covers the period of January to March 2022 and is only applicable to those who have been issued Alien Employment Permits (AEP) for their foreign employees/Certificate of Exclusion or Cert of Exemption (COE) by DOLE.

Under the Revised AEP Rules, employers are now required to submit a quarterly report, or an updated list of FNs employed within 30 days from the reference period.

Deadlines of filing per quarter:

  • January to March – on or before April 30
  • April to June – on or before July 31
  • July to September – on or before October 31
  • October to December – on or before January 31 next year

The AEP is one of the permits secured by FNs to work legally in the Philippines. The DOLE released these new guidelines for issuing AEPs and related certifications last January 6, 2021. These AEPs should be properly filed before the commencement of employment or within ten working days from the date of signing the employment contract.

Salient Points of DO No. 221, s. 2021, Non-Compliance & Sanctions

The DO No. 221, s. 2021’s requires the submission of (1) an updated list of FNs employed and (2) all relevant info pertaining to a change of employer’s information such as but not limited to name, address, contact number, or details.

Section 10 of DO No. 221 provides that FNs working without valid (e.g., expired) AEPs and their employers may be penalized for non-compliance and will be barred from filing AEP applications for five years. FNs working with fraudulent AEPs, and their employers shall be barred from filing AEP applications indefinitely.

A fine of PHP 10,000 for every year shall be imposed on both the FNs and their employers if an FN is hired without a valid, or with a fraudulent AEP. The same fine shall be imposed for filing late AEP applications.

Exemptions and Exclusions are Available

Certificate of Exclusions are available for certain FNs, as in the case of those who provide or supply services in the country but whose employers are based abroad. The exclusion may also apply to those without an employer-employee relationship with a Philippine entity.

Certificates of exemption on the other hand are issued to qualified FNs who, while covered under Art. 40 (Employment permit of non-resident aliens) of the Labor Code are exempted from securing AEP under relevant rules and regulations.

DOLE 24/7 Hotline & Other Help Available

For concerns on the DOLE quarterly report requirements for companies that employ FNs in their teams and workplaces, contact the DOLE’s 24/7 Hotline. Likewise, the DOLE has several bureaus, regional offices, and attached agencies nationwide ready to address your inquiries.

An easier option to file the Annual Report on behalf of your company is to let us do it for you, quickly and professionally. To find out more about getting this done, you may contact us here, call us at +63 (02) 8540-9623, or email us at info@tripleiconsulting.com

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