Letter Of Intent For Work Permit Template for the Philippines
Generate a bespoke document
What is a Letter Of Intent For Work Permit?
The Letter of Intent for Work Permit is a fundamental document in the Philippine employment documentation process, particularly when hiring foreign nationals. This document is required by Philippine authorities, specifically the Department of Labor and Employment (DOLE), as a preliminary step in obtaining an Alien Employment Permit (AEP) and subsequent work visa. The letter demonstrates the employer's commitment to hire a specific individual and their willingness to comply with local labor laws and immigration requirements. It typically precedes the formal employment contract and is used to initiate the work permit application process. The document must align with various Philippine regulations, including the Labor Code, Immigration Act, and specific DOLE guidelines regarding foreign employment. It serves as a bridge between the initial hiring decision and the formal work permit application, containing crucial information about the position, the prospective employee, and the employing company's details.
Frequently Asked Questions
Is a Letter of Intent for Work Permit legally binding in the Philippines?
Yes, a Letter of Intent for Work Permit creates legal obligations under Philippine labor law. Once submitted to DOLE, it demonstrates your company's formal commitment to hire a foreign national and comply with all requirements under the Labor Code and DOLE Department Order No. 186-17. Failure to follow through without valid reasons may affect future work permit applications.
Can DOLE reject my work permit application if the Letter of Intent is incomplete?
Yes, DOLE will reject incomplete or incorrect Letters of Intent under Department Order No. 186-17. Missing required information about the foreign worker, job position, salary details, or company compliance statements will result in application denial. You'll need to resubmit with corrections, causing significant delays in the AEP process.
How long does it take to prepare a Letter of Intent for Work Permit in the Philippines?
Preparing the letter typically takes 1-3 business days if you have all required company documents and foreign worker information ready. However, gathering supporting documents like SEC registration, business permits, and job descriptions may take 1-2 weeks. Rushed applications often contain errors that cause DOLE rejections.
Must Philippine employers prove they couldn't find local workers before filing the Letter of Intent?
Yes, under the Labor Code of the Philippines, employers must demonstrate efforts to recruit qualified Filipino workers first. Your Letter of Intent must include details about local recruitment attempts, job postings, and reasons why Filipino candidates were unsuitable. DOLE requires this labor market test before approving foreign worker employment.
How is a Letter of Intent different from the actual Alien Employment Permit in the Philippines?
The Letter of Intent is the preliminary document that starts the AEP application process, while the Alien Employment Permit is the final authorization to employ a foreign worker. The Letter of Intent shows your intention and basic compliance, but the AEP requires additional documentation, DOLE approval, and payment of fees before the foreign national can legally work.
Can small businesses in the Philippines hire foreign workers using this Letter of Intent process?
Yes, businesses of any size can use the Letter of Intent process, but they must meet DOLE's financial and compliance requirements under Department Order No. 186-17. Small businesses often struggle with the capitalization requirements and may need to demonstrate sufficient resources to pay the foreign worker's salary and benefits as required by Philippine labor law.
Which common mistakes cause DOLE to reject Letters of Intent for Work Permits?
The most frequent mistakes include incomplete salary and benefits details, missing company SEC registration information, vague job descriptions, and failure to explain local recruitment efforts. Many employers also forget to include required statements about Labor Code compliance or use outdated DOLE forms, resulting in automatic rejections.
About the Letter Of Intent For Work Permit
When you're planning to hire a foreign national in the Philippines, a Letter of Intent for Work Permit is your essential first step in the legal employment process. This document serves as formal notification to the Department of Labor and Employment (DOLE) of your intention to employ a foreign worker and initiates the Alien Employment Permit (AEP) application process required under Philippine immigration and labor laws.
When do you need this document?
You must submit this letter before hiring any foreign national for work in the Philippines. It's required when recruiting expatriate managers, technical specialists, or skilled workers from overseas. The letter is particularly crucial for companies in economic zones, businesses seeking specialized expertise not readily available locally, or organizations expanding their international workforce. DOLE requires this documentation to assess whether the proposed employment meets local labor market needs and complies with foreign worker quotas established under the Labor Code.
Key legal considerations
Your letter must demonstrate clear justification for hiring a foreign national over local candidates, as required by DOLE Department Order No. 186-17. Include specific details about the position's technical requirements, the foreign worker's unique qualifications, and evidence of recruitment efforts within the Philippines. The document should specify the proposed salary, which must meet minimum wage requirements and align with prevailing rates for similar positions. You must also confirm your company's legal standing in the Philippines, including valid business registration and tax compliance. Remember that certain professions regulated by the Professional Regulation Commission require additional licensing verification before work permit approval.
Legal requirements in Philippines
Under the Labor Code of the Philippines and Commonwealth Act No. 613, your Letter of Intent must include complete company registration details, the specific job description with required qualifications, and comprehensive information about the prospective employee including nationality, educational background, and relevant work experience. DOLE requires submission on official company letterhead with authorized signatory details. The letter must reference compliance with Republic Act No. 10022 regarding migrant worker protections and demonstrate adherence to local labor standards. For positions in Philippine Economic Zones, additional coordination with PEZA may be required. Processing typically takes 15-30 working days, and approval is prerequisite to Bureau of Immigration visa applications. Ensure your letter addresses DOLE's assessment criteria including labor market impact, skills transfer potential, and compliance with foreign worker employment ratios mandated by current regulations.
GOVERNING LAW
Applicable law
This Letter Of Intent For Work Permit is drafted to comply with Philippines law. Key legislation includes:
Commonwealth Act No. 613 (Philippine Immigration Act): Regulates the entry and stay of foreign nationals in the Philippines, including provisions for working visas and permits
DOLE Department Order No. 186-17: Revised Rules for the Issuance of Employment Permits to Foreign Nationals, outlining specific requirements and procedures for obtaining work permits
Republic Act No. 10022: Amends the Migrant Workers Act, containing provisions relevant to foreign employment and work documentation
DOLE Department Order No. 221-21: Guidelines on the implementation of Alien Employment Permit (AEP) issuance, including application procedures and requirements
Anti-Red Tape Act (ARTA) of 2007: Governs the processing time and procedures for government documents, including work permits and related documentation
Explore 208,390+ legal templates
Explore 208,390+ legal templates
Genie's Security Promise
Genie is the safest place to draft. Here's how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie's AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it