Affidavit Of No Employee Template for the Philippines

An Affidavit of No Employee is a legally binding sworn statement that confirms your business operates without any employees in the Philippines. This notarized document serves as official proof of your employment status and demonstrates compliance with Philippine labor laws and business regulations. You must execute this affidavit before a notary public to ensure its legal validity and acceptance by government agencies, financial institutions, and other regulatory bodies.

When do you need this document?

You need an Affidavit of No Employee when applying for business permits, registering your business with the Department of Trade and Industry (DTI) or Securities and Exchange Commission (SEC), or when opening corporate bank accounts. Government agencies like the Bureau of Internal Revenue (BIR) may require this document during tax registration or when filing annual returns as a sole proprietor. Financial institutions often request this affidavit when processing loan applications or establishing business banking relationships. You may also need to submit this document when applying for special permits, licenses, or when engaging in significant business transactions where your employment status must be verified.

Key legal considerations

Your affidavit must include complete business information, including your registration number, business address, and the specific time period covered by your declaration. The document should clearly state the purpose for which you're submitting the affidavit and include your full legal name and identification details as required by the Rules of Court. You must ensure the information is accurate and current, as false statements in sworn documents carry serious legal consequences under Philippine law. The affidavit typically requires updating annually or when your employment status changes, and you should maintain copies for your business records and future regulatory submissions.

Legal requirements in Philippines

Under Rules of Court Rule 132, Section 6, your affidavit must be properly executed before a notary public with jurisdiction in the Philippines. The document must comply with formatting requirements and include the notary's seal and signature to be legally valid. You must present valid government identification when executing the affidavit, and the notary will verify your identity before administering the oath. The affidavit should reference relevant laws including the Labor Code (Presidential Decree No. 442) and National Internal Revenue Code to demonstrate your understanding of employment classification requirements. Government agencies may have specific formatting or content requirements, so you should verify these details before finalizing your document to ensure acceptance and compliance with all applicable Philippine regulations.