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(NAR) VOL. 7 NO. 3 / JULY-SEPTEMBER 1996

[ POEA DEPARTMENT ORDER NO. 04-A SERIES OF 1996, April 26, 1996 ]

PROCEDURAL GUIDELINES IN THE ISSUANCE OF CERTIFICATE OF EXEMPTION FROM SECURING AN ALIEN EMPLOYMENT PERMIT



By virtue of the authority vested in the Secretary of Labor and Employment under Article 5 of the Labor Code of the Philippines, as amended, the following procedure for the effective implementation of Department Order No. 4, Series of 1996, is hereby issued.

I

Objective

The general objective of this Department Order is to support the UN Spouse Employment Policy so that highly qualified personnel are hired and retained as members of international organizations to carry out the UN Mission.

Specifically, this Order is to provide legitimate spouses of the members of international organizations exemption from securing alien employment permits.

II

Coverage

This Order shall apply to legitimate spouses of the members of international organizations with which the Philippine Government is a cooperating member and who are gainfully employed or to be gainfully employed or to be gainfully employed in the Philippines.

III

Procedure in the issuance of Certificate of Exemption

Certificate of Exemption shall be issued by the Department of Labor and Employment (DOLE) through the Bureau of Local Employment (BLE) after verification/evaluation of documents submitted.

a. Documents Required — An application for a Certificate of Exemption from securing an AEP must be accompanied by the following:

a.1 For New Application

a.1.1 Three (3) copies of application form duly accomplished.

a.1.2 Certification from a duly authorized personnel of the international organization that the applicant is the legitimate spouse of the member of the organization;

a.1.3 Contract of Employment/Appointment of member-spouse in the international organization with which the Philippine government is a cooperating member;

a.1.4 Contract of employment/Appointment of applicant;

a.1.5 Marriage Contract;

a.1.6 Applicant’s passport; and

a.1.7 Member-spouse’s passport.

a.2 For Application for renewal

a.2.1 Certificate of Exemption;

a.2.2 Certification from a duly authorized personnel of the international organization that the applicant’s spouse is still a member of the organization;

a.2.3 In case of the member’s renewal of Contract/Appointment, new contract employment/Appointment of the member; and

a.2.4 In case of change of the applicant’s employer, contract of employment/appointment of applicant.

b. Filing of Application for Exemption — Applications for issuance of Certificate of Exemption shall be filed with the Bureau of Local Employment.

Applications found with discrepancies/lacking or incomplete requirements/documents shall be returned to the filer for rectification/completion and shall be refiled within five (5) working days.

b.1 Members’ spouses already working in the Philippines prior to the issuance of this Order, shall file their applications within thirty (30) days after the effectivity of this procedural guidelines.

b.2 Prospective applicants shall file applications within thirty (30) days prior to their assumption to duty.

IV

Validity of the Certificate of Exemption

Validity of the Certificate of Exemption shall be co-terminus with the member’s employment in the international organization based in the Philippines, but in no case shall exceed a period of three (3) years. The Certificate of Exemption may be renewed upon proper application and if the applicant’s spouse is still employed in the international organization.

V

Processing Fee

A processing fee of “TWO THOUSAND FIVE HUNDRED (P2,500.00) PESOS shall be paid to the Department of Labor and Employment for the issuance of the Certificate of Exemption whether it is a new application or a renewal.

In case of loss of the Certificate of Exemption, replacement shall be made upon presentation of proof of loss and payment of FIVE HUNDRED (P500.00) PESOS.

VI

Monitoring

The international organization whose member’s spouse has been granted Certificate of Exemption shall submit Status Report to the Bureau of Local Employment at every end of the year which shall include the names of the member with the employed spouse and status of their employment.

VII

Effectivity

These procedural guidelines shall take effect immediately.

Adopted: 26 April 1996

(SGD.) LEONARDO A. QUISUMBING
Secretary
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