Advertise at OFWguide.com

PART III

PLACEMENT BY THE PRIVATE SECTOR

RULE I

VERIFICATION OF DOCUMENTS AND

REGISTRATION OF FOREIGN PRINCIPALS,

EMPLOYERS AND PROJECTS

Section 1. Verification of Documents. Recruitment documents of foreign principals, employers and projects shall undergo verification at the work site prior to registration with POEA. The Philippine Overseas Labor Office (POLO) nearest the worksite shall review and verify the recruitment documents, including the master employment contract with the view to establish the existence of the employing person, company or project, its capability to hire workers at the applicable rates and at desirable working conditions that are in conformity with the minimum standards prescribed by the Administration and/or with the labor laws and legislations of the host country.

Section 2. Documentary Requirements for Verification. The following documents shall be submitted to the POLO for verification:

1. Special Power of Attorney issued by the principal or employer to the licensed Philippine agency, or recruitment agreement or service agreement;

2. Master employment contract which incorporates, among others the minimum provisions of employment contracts of land based workers, as follows:

1.      Guaranteed wages for regular work hours and overtime pay, which shall not be lower than the prescribed minimum wage in the host country or not lower than the appropriate minimum wage standards set forth in a bilateral agreement or international convention, if applicable, or not lower than the minimum wage in the country, whichever is highest;

2.      Free transportation to and from the worksite, or offsetting benefit;

3.      Free food and accommodation, or offsetting benefit;

4.      Just/authorized causes for termination of the contract or of the services of the workers taking into consideration the customs, traditions, mores, practices, company policies and the labor laws and social legislations of the host country;

3. Manpower request indicating the position and salary of the workers to be hired;

4. Valid business license, registration certificate or equivalent document.

Section 3. Application for Registration of Foreign Principals and Projects. Only duly licensed entities may file for the registration of foreign principals and projects.

Section 4. Documentary Requirements for Registration of Principals/Projects. The following verified documents shall be submitted to the POEA, through the Philippine licensed agent for registration of the principal, employer or project:

1. Special power of attorney or recruitment agreement, or service agreement, as the case may be;

2. Master employment contract of the foreign principal; and

3. Manpower request of the foreign principal indicating the position and salary of the workers to be hired; POCB-registered projects shall also be registered with the Administration without however undergoing the foregoing procedures, subject to guidelines as may be prescribed. Subsequent manpower requests from the registered principal/project shall be submitted to the Administration.

Section 5. Registration of Foreign Placement Agencies. Foreign placement agencies or similar entities may be registered as principals if they are authorized to operate as such in their respective countries and subject to such guidelines as may be prescribed by the Administration.

Section 6. Validity of Registration of Foreign Principals and Projects. Upon compliance with the documentary requirements, the foreign principal or project shall be registered by the POEA valid for a maximum of four (4) years, unless sooner revoked or cancelled by the Administration on any of the following grounds:

1. Expiration of the principal’s business license;

2. Upon written mutual agreement by the parties to pre-terminate the Agreement;

3. False documentation or misrepresentation in connection with the application for registration; and

4. Final judgment in a disciplinary action against the foreign principal.

Provisional registration may be granted for a period of ninety (90) days for a principal that substantially meets the registration requirements. The expiration of the agency’s license shall not cause the automatic expiration or cancellation of the registration which shall only be suspended until the renewal of the license.

Section 7. Renewal of Registration. The registration shall be renewed upon request by the agency provided that the documents required for initial registration are still valid.

Section 8. Open Registration. A foreign principal that acts as direct employer may be registered to more than one Philippine agency, provided that

1. A uniform compensation package shall be adopted by the principal and the agency; and

2. The principal has a verified job order of at least 50 workers; or

3. That the principal must have hired at least 50 workers within a period of one year immediately preceding the registration;

Section 8. Dual Registration. A principal that is licensed to operate as foreign placement agency by its government may be registered to a maximum of two (2) Philippine agencies, provided that:

1. A uniform compensation package shall be adopted by the principal and the agency; and

2. The principal has a verified job order of at least 50 workers; or

3. That the principal must have hired at least 50 workers within a period of one year immediately preceding the registration;

Section 9. Transfer of Registration. The registration of a foreign placement agency may be transferred to another agency provided the compensation package previously approved by the

Administration shall be maintained; and provided further the transferee shall assume full and complete responsibility for all contractual obligations of the principals to its workers originally recruited and processed by the former agency.

Section 10. Action on Application for Registration of Principals With Outstanding Obligations. Claims for money or enforcement of obligations arising out of business relations between principals and their existing agencies may be conciliated by the Administration. However, the pendency of the conciliation shall not prevent the Administration from acting on the request for registration, if public interest so requires.

Section 11. Registration of Principals in Countries with Special Conditions of Employment. The

registration of principals in countries with unique or special conditions of employment shall be governed by guidelines prescribed by the Administration.

RULE II

ACCREDITATION OF FOREIGN PRINCIPALS

EMPLOYERS AND PROJECTS

Section 1. Accreditation of Foreign Principals Employers and Projects. Foreign principals, employer or projects in countries or work sites where there are no POLOS to verify recruitment documents shall undergo accreditation at the POEA.

Section 2. Documentary Requirements for Accreditation. The principal/employer shall submit the following documents to the POEA through the Philippine licensed agency for evaluation and accreditation:

1. Special power of attorney or recruitment agreement, or service agreement with the Philippine licensed agency;

2. Master employment contract of the direct employer or foreign placement agency containing the minimum requirements for contracts of employment of land based workers as provided for in Section 2(b), Rule 1, Part III of these Rules.

3. Manpower request indicating the position and salary of the workers to be hired;

4. Valid business license, registration certificate or equivalent document or proof of existence of project validated or certified by the issuing authority in the host country; and

5. Visa assurance or any equivalent document validated by the issuing authority.

Section 3. Validity of Accreditation. The accreditation of a foreign principal, employer or project shall be valid for four (4) years unless sooner revoked or cancelled by the POEA on any of the following grounds:

1. Expiration of the principal’s business license;

2. Upon written mutual agreement by the parties to pre-terminate the Agreement;

3. False documentation or misrepresentation in connection with the application for registration; and

4. Final judgment in a disciplinary action against the foreign principal.

Section 4. Renewal of Accreditation. The accreditation shall be renewed upon request by the agency provided that the documents required for initial accreditation are still valid.

Section 5. Open Accreditation. A foreign principal that acts as direct employer may be accredited to more than one Philippine agency, provided that:

1. A uniform compensation package shall be adopted by the principal and the agency; and

2. The principal has a verified job order of at least 50 workers; or

3. That the principal must have hired at least 50 workers within a period of one year immediately preceding the accreditation.

Section 6. Dual Accreditation. A principal that is licensed to operate as foreign placement agency by its government may be accredited to a maximum of two (2) Philippine agencies, provided that:

1. A uniform compensation package shall be adopted by the principal and the agency; and

2. The principal has a verified job order of at least 50 workers; or

3. That the principal must have hired at least 50 workers within a period of one year immediately preceding the accreditation.

RULE III

DOCUMENTATION OF LANDBASED WORKERS

BY THE PRIVATE SECTOR

Section 1. Documentation of New Hires. Based on the master employment contract, request for processing should include the names, positions and salaries of workers using the prescribed form of the Administration. The agency shall provide every worker a copy of the approved employment contract or service contract.

Section 2. Payment of Documentation Fees. Payment of the required documentation fees shall be made to the Administration upon request for processing.

Section 3. Period to Deploy. An agency shall deploy its recruited/hired workers within sixty days (60) days from the date of issuance of the overseas employment certificate.

Section 4. Cancellation of Worker’s Documents. If the deployment of the worker does not materialize within thirty (30) days from the lapse of the period to deploy, the agency shall report the non-deployment and the reasons therefor and apply to the Administration for the cancellation of the worker’s processed documents. If the deployment of the worker does not materialize due to his fault, the agency may charge the worker for actual expenses incurred in connection with his recruitment, duly supported by official receipts.

Section 5. Registration of Worker-on-Leave. Workers who are considered as Workers-on-Leave as defined in these Rules, shall submit the following documents to the Administration or to its designated centers or units in the country or overseas for registration:

1. valid passport; and

2. re-entry visa, work permit, or any equivalent document.

Section 6. Registration of Name Hires. Name hires, as defined in these Rules, shall be registered by the Administration, subject to such guidelines as the Administration may prescribe, and upon submission of the following documents:

1. employment contract

2. valid passport

3. employment visa or work permit, or equivalent document

4. certificate of medical fitness

5. certificate of attendance to the required employment orientation/briefing

The Administration shall ensure that the worker is made fully aware of the terms and conditions of his employment. The Administration reserves the right to disapprove employment contracts which are contrary to law, morals, and public policy. The Administration shall transmit on a regular basis the list of registered name hires to the various Philippine Embassies/Consulates or POLOs in countries that host overseas Filipino workers for proper monitoring.

Section 7. Payment of Registration Fees. Payment of the prescribed fees shall be made upon registration by the name hire or the Worker-on-Leave.

Section 8. Ban on Direct Hires. No foreign principal or employer may hire a Filipino worker for overseas employment except through the boards and entities authorized by the Secretary. Direct hiring by members of the diplomatic corps, international organizations and such other employers as may be allowed by the Secretary is exempt from this provision.

Section 9. In-House Processing Facility. The Administration shall extend to qualified agencies an in-house processing facility for the documents of workers who are scheduled for deployment.

Agencies that qualify to enjoy the privilege shall comply with the documentary requirements.

The agencies shall be subject to regular audit and/or inspection by the Administration to ensure compliance with the prescribed guidelines on in-house processing facility. The Administration reserves the right to recall the privilege and incentive being enjoyed by an agency should there be an established case of violation of POEA rules and regulations. Automatic preventive suspension shall be imposed in case of violation of the prescribed guidelines. The agencies shall submit a monthly report on the utilized or missing overseas employment certificates to the Administration.

Section 10. One Stop Shop Processing Center. A one stop shop-processing center shall be

established to house all governmental activities pertaining to overseas employment.

PART IV

PLACEMENT BY THE ADMINISTRATION

RULE I

RECRUITMENT AND PLACEMENT

THROUGH THE ADMINISTRATION

Section 1. Hiring through the Administration. The Administration shall recruit and place workers primarily on government-to-government arrangements and shall therefore service the hiring of foreign government instrumentalities. It shall also recruit and place workers for foreign employers in such sectors as the policy may dictate. In pursuance thereof, the Administration shall, among others:

1. Administer programs and projects that may support the employment development objectives of the Administration ;

2. Set parameters in servicing other foreign clients; and

3. Undertake, in coordination with POEA Regional Centers and Extension Units as well as Regional Offices of the Department of Labor and Employment and concerned local government units, organized recruitment activities in the provinces in aid of the employment dispersal efforts of the government.

Section 2. Recruitment and Placement of Workers. All employers, whether government or private, hiring through the Administration shall undertake the recruitment and placement of workers through the facilities of the Administration. The activities shall include but not be limited to interview and selection; referral to medical examination; processing of contracts; assistance in securing of passport and appropriate visas; pre-employment orientation; pre-departure orientation; and travel arrangements.

Section 3. Foreign Employer’s Guarantee Trust Fund. A Guarantee Trust Fund shall be established for all workers hired on a government-to-government arrangement for the purpose of covering monetary claims of the workers arising from breach of contractual obligations.

PART V

EMPLOYMENT STANDARDS

RULE I

FORMULATION OF EMPLOYMENT STANDARDS

Section 1. Employment Standards. The Administration shall determine, formulate and review employment standards in accordance with the market development thrusts and welfare objectives of the overseas employment program and the prevailing market conditions.

Section 2. Minimum Provisions of Employment Contract. Consistent with its welfare and employment facilitation objectives, the following shall be considered the minimum requirements for contracts of employment of landbased workers:

1. Guaranteed wages for regular work hours and overtime pay, as appropriate, which shall not be lower than the prescribed minimum wage in the host country, not lower than the appropriate minimum wage standard set forth in a bilateral agreement or international convention duly ratified by the host country and the Philippines or not lower than the minimum wage in the Philippines, whichever is highest;

2. Free transportation to and from the worksite, or offsetting benefit;

3. Free food and accommodation, or offsetting benefit;

4. Just/authorized causes for termination of the contract or of the services of the workers taking into consideration the customs, traditions, norms, mores, practices, company policies and the labor laws and social legislations of the host country;

5. The Administration may also consider the following as basis for other provisions of the contract:

1. Existing labor and social laws of the host country;

2. Relevant agreements, conventions, delegations or resolutions;

3. Relevant bilateral and multilateral agreements or arrangements with the host country; and

4. Prevailing condition/realities in the market.

Section 3. Freedom to Stipulate. Parties to overseas employment contracts are allowed to stipulate other terms and conditions and other benefits not provided under these minimum requirements; provided the whole employment package should be more beneficial to the worker than the minimum; provided that the same shall not be contrary to law, public policy and morals, and provided further, that Philippine agencies shall make foreign employers aware of the standards of employment adopted by the Administration.

Section 4. Disclosure of Terms and Conditions of Employment. The agency and the worker shall fully disclose all relevant information in relation to the recruitment and employment of the worker in accordance with the guidelines set by the Administration.

PART VI

RECRUITMENT VIOLATION AND RELATED CASES

RULE I

JURISDICTION AND VENUE

Section 1. Jurisdiction. The Administration shall exercise original and exclusive jurisdiction to hear and decide all cases which are administrative in character, involving or arising out of violations of recruitment rules and regulations including refund of fees collected from workers and violation of the conditions for issuance of license to recruit workers.

Section 2. Grounds for imposition of administrative sanctions:

1. Charging, imposing or accepting directly or indirectly, any amount of money goods or services, or any fee or bond for any purpose whatsoever before employment is obtained for an applicant worker;

2. Charging or accepting directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary, or making a worker pay any amount greater than that actually received by him as a loan or advance;

3. Charging or collecting placement fee for deployment to countries where the prevailing system, either by law, policy or practice, do not allow the charging or collection of placement and recruitment fees.

4. Collecting any fee from a worker without issuing the appropriate receipt clearly showing the amount paid and the purpose for which payment was made;

5. Engaging in act/s of misrepresentation in connection with recruitment and placement of workers, such as furnishing or publishing any false notice, information or document in relation to recruitment or employment;

6. Inducing or attempting to induce an already employed worker to transfer from or leave his employment for another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment;

7. Influencing or attempting to influence any person or entity not to employ any worker who has not applied for employment through his agency;

8. Obstructing or attempting to obstruct inspection by the Secretary, the Administrator or their duly authorized representatives;

9. Substituting or altering to the prejudice of the worker, employment contracts approved and verified by the Administration from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Administration;

10. Failure to submit reports related to overseas recruitment and employment within the specified time, as may be required by the Secretary or the Administration;

11. For the owner, partner, or officer/s of any licensed agency to become an officer or member of the Board of any corporation or partnership engaged directly or indirectly in the management of a travel agency;

12. Withholding or denying travel or other pertinent documents from workers for considerations other than those authorized under existing laws and regulations;

13. Engaging in recruitment activities in places other than that specified in the license without previous authorization from the Administration;

14. Appointing or designating agents, representatives or employees without prior approval from the Administration;

15. Falsifying or altering travel documents of applicant worker in relation to overseas recruitment activities;

16. Deploying workers whose employment and travel documents were not processed by the Administration or those agencies authorized by it;

17. Deploying workers to principals not accredited by the Administration.

18. Failure to deploy a worker within the prescribed period without valid reason;

19. Disregard of orders, notices and other legal processes issued by the Administration;

20. Coercing workers to accept prejudicial arrangements in exchange for certain benefits that rightfully belong to the workers;

21. sWithholding of workers’ salaries or remittances without justifiable reasons or shortchanging of remittances;

22. Deploying underage workers;

23. Engaging in act/s of misrepresentation for the purpose of securing a license or renewal thereof, such as giving false information or documents;

24. Engaging in the recruitment or placement of workers in jobs harmful to public health or morality or to dignity of the Republic of the Philippines;

25. Transfer or change of ownership of a single proprietorship licensed to engage in overseas employment;

26. Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment, where deployment does not take place without the worker’s fault;

27. Failure to comply with the undertaking to deploy the required number of workers within the period provided in these Rules;

28. Failure to comply with the undertaking to provide Pre-Departure Orientation Seminar to workers

29. Non-compliance with any other undertaking in connection with the issuance or renewal of the license;

30. Allowing persons who are otherwise disqualified to participate in the overseas employment program under existing laws, rules and regulations to participate in the management and operation of the agency; and

31. Violation of other pertinent provisions of the Code and other relevant laws, rules and regulations, guidelines and other issuances on recruitment and placement of workers for overseas employment and the protection of their welfare;

Section 3. Venue. Any complaint arising out of recruitment violation or violation of conditions of license may be filed with the Adjudication Office of this Administration or at the POEA Regional

Centers/Extension Units exercising territorial jurisdiction over the place where the complainant was recruited at the option of the complainant. The Office with which the complaint was first filed shall take cognizance of the case. Where the complainant was recruited within the National Capital Region, the complaint shall be filed with the Adjudication Office of the Administration.

In the case of reports received by the Administration, the report shall be investigated by the Adjudication Office, or by the appropriate Regional Center/Extension Unit of the Administration.

However, the venue of cases filed with the Adjudication Office of the Administration may be transferred to the POEA Regional Center/Extension Unit before the respondent files its answer upon request of either party and approved by the Administration. For the purpose of hearing and receiving of evidence, the DOLE Regional Office exercising territorial jurisdiction over the place where the complainant was recruited may be deputized by the Secretary of Labor to take cognizance of the case for submission of its findings and recommendations to the Administrator.

[ back to POEA Rules and Regulations ]