DOLE now requires Board Resolution for AEP applications
15 Oct 19
IMPACT – MEDIUM
What is the change? The Department of Labor and Employment has introduced a new requirement for Alien Employment Permit (AEP) applications.
What does the change mean? Employers must now submit a Board Resolution authorizing and designating the signatory for the contract of employment and other supporting documents.
- Effective dates: Immediate and ongoing.
- Visas/permits affected: AEP applications.
- Who is affected: All companies submitting AEP applications for their foreign employees.
Additional information: AEP applications must be submitted with a Board Resolution that designates and authorizes a company signatory unless the signatory’s name already appears on the General Information Sheet for the sponsoring entity. The company signatory must be in a managerial position and must be the one to sign both the contract of employment and other supporting documents.
Analysis and Comments: The change adds a new step for AEP applications requiring the sponsoring company to submit a Board Resolution authorizing the signatory. Companies may choose to have a managing executive who appears on the General Information Sheet or Secretary’s Certificate sign employment contracts and AEP supporting documents as an alternative to submitting Board Resolutions. However, it is possible that a Board Resolution will be required even if the signatory is already listed on the General Information Sheet or Secretary’s Certificate. Employers should consult their immigration advisor to consider the most effective practice for their global mobility program.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.