Recruitment Agency

Where To Get Resume Help

2008-03-24T18:56:00.000-07:00

by Richard Adams

Writing a resume can be a daunting experience. Sitting there with a blank piece of paper and no idea where to start is enough to frustrate even the best of us.

Also, knowing the pressure you are under to write something amazing - something that will encourage recruiters to pick up the phone and call you - can cause what can only be described as "writers block".

This is when it can be useful to get some resume help and so start to fire up your inspiration and enthusiasm levels.

1) Discussion Forums

The first of these sources of resume help is online discussion forums.

A quick search in Google will reveal dozens of forums for job searchers that you can set up an account with.

Here you can ask for help and perhaps even give a little something back to the community when your resume starts generating the sort of results you want.

The problem with forums, of course, is that being free you're highly unlikely to get the best advice possible.

After all, anyone with any real "secrets" and short cuts to resume success are likely to have packaged up the information and sold it rather than giving it away for free on a forum.

The information you'll find on forums tends to be far more basic and well-known, but can be of some use.

So while forums are better than nothing, they're certainly not the best source of resume help in my humble opinion.

2) Books

Whether these are print books from a book store or one of the assortment of online books (or ebooks) these sources of help tend to contain somewhat more "meat" than free discussion forums.

Often written by professionals in the recruitment field you're more likely to get a genuine "insiders look" at writing a resume - and indeed the whole recruitment process.

One factor to be aware of here is that the "rules" tend to change quite often in terms of what recruiters expect and the techniques that work best so it's advisable to check the publication date of any book you're considering.

Older books are generally better avoided (though of course there are still some gems around) while more recently published books should be sought out.

Ebook of course, being digital, can be and often are updated regularly so they are always up to date.

As with any rule there are exceptions but you're generally pretty safe with an ebook.

3) Resume Writing Consultants

These individuals can help to personally create your own plan of attack for job hunting.

Services typically offered include editing or critiquing an existing resume of yours, resume writing services, cover letter creation and interview skills training.

For the ultimate results these individuals are possibly the best solution but be sure you do your research thoroughly to select the best person for the job.

In addition, of course, this is the most expensive form of resume hlp and may be out of the realms of what you are willing to pay.

If this is the case, my own suggestion would be to select a few good books and then get to work!

More info:
Looking for a new job? Find out how to create a winning resume today at: http://www.howtomakeagreatresume.com

Article Source:
Recruitment Agency
Puro Jobs
Ollie Style

Revised Rules and Regulations Governing Overseas Employment of Landbased Workers JUNE 2002 PRIMER Philippine Overseas Employment Administration

2007-01-30T20:12:00.000-08:00

Revised Rules and Regulations Governing Overseas Employment of Landbased Workers JUNE 2002
PRIMER Philippine Overseas Employment Administration

Revised Rules
and Regulations
Governing
Overseas
Employment of
Landbased
Workers
JUNE 2002
PRIMER
Philippine
Overseas
Employment
Administration
2
A PRIMER
Revised Rules and Regulations
Governing Overseas Employment of
Landbased workers
June 2002
LICENSING AND INSPECTION
What is a license?
A license shall refer to the document issued by the Secretary or his duly
authorized representative authorizing a person, partnership or
corporation to operate a private employment agency.
Who may be issued a license??
Only those who possess the following qualifications may be permitted to
engage in the business of recruitment and placement of Filipino workers.
1. Filipino citizens, partnerships or corporations at least seventy five
percent (75%) of the authorized capital stock of which is owned
and controlled by Filipino citizens.
2. Single proprietorships or partnerships with minimum
capitalization of Two Million Pesos (P2,000,000.00) or corporations
with minimum paid-up capital of Two Million Pesos
(P2,000,000.00) (amended provision)
3. Those not disqualified by law or other government regulations to
engage in the recruitment and placement of workers for overseas
employment.
Why is there a need to increase the minimum capitalization
requirement?
The capitalization was increased to ensure that the agencies are
financially capable of responding to the needs of its deployed workers.
3
Are all agencies required to comply with the increase in capital?
Yes, however, existing agencies are given four years from the effectivity of
the amended rules within which to comply with the increase in capital.
Who are disqualified from being issued a license?
1. Travel agencies and sales agencies of airline companies
2. Officers or members of the Board of any corporation or members
in a partnership engaged in the business of a travel agency.
3. Corporations and partnerships, when any of its officers, members
of the board or partners, is also an officer, member of the board or
partner of a corporation or partnership engaged in the business of
a travel agency.
4. Persons, partnerships or corporations which have derogatory
records.
5. Any official or employee of the DOLE, POEA, OWWA, DFA and
other government agencies directly involved in the implementation
of RA 8042, otherwise known as Migrant Workers and Overseas
Filipino Act of 1995 and/or any of his/her relatives within the
fourth civil degree of consanguinity or affinity.
6. Persons or partners, officers and Directors of corporations whose
licenses have been previously cancelled or revoked for violation of
recruitment law.
What constitutes derogatory records?
Derogatory records refer to the existence of negative information, such as,
but not limited to the following:
1. Certified information of such derogatory record by the National
Bureau of Investigation or by the Anti-Illegal Recruitment Branch
of the POEA.
2. Probable cause or prima facie finding of guilt for illegal
recruitment or other related cases.
3. Conviction for illegal recruitment or other related cases and/or
crimes involving moral turpitude
.
4
4. Revocation or cancellation of license by the Administration for
violation of RA 8042, PD 442 as amended and their implementing
rules and regulations as well as these rules and regulations.
What is the effect of derogatory record discovered after issuance or
renewal of license?
The license of a single proprietorship or a partnership shall be suspended
and the appointment of any officer or employee with derogatory record
may be cancelled or revoked.
What are the requirements for licensing?
1. A certified copy of the Articles of Incorporation or of Partnership
duly registered with the Securities and Exchange Commission
(SEC), in the case of corporation or partnership or Certificate of
Registration of the firm or business name with the Department of
Trade and Industry (DTI), in the case of a single proprietorship.
2. Proof of financial capacity: In the case of a single proprietorship
or partnership verified income tax returns of the proprietors or
partners for the past two years and a savings account certificate
showing a maintaining balance of not less than P500,000.00
provided that the applicant should submit an authority to
examine such bank deposit
3. In the case of a newly organized corporation, savings account
certificate showing a maintaining balance of not less than
P500,000.00 with authority to examine the same. For an existing
corporation, submission of a verified financial statements,
corporate tax returns for the past two (2) years and savings
account certificate showing a maintaining balance of not less than
P500,000.00 with the corresponding authority to examine such
deposit.
4. Proof of marketing capability
a. A duly executed Special Power of Attorney and/or a duly
concluded Recruitment/Service Agreement.
b. Manpower request(s) or visa certification from new
employer(s)/principals(s) for not less than one hundred (100)
workers, and
5
c. Certification from Pre-Employment Services Office of POEA on
the existence of new market.
5. Clearance of all members of the Board of Directors, partner, or
proprietor of the applicant agency from the National Bureau of
Investigation (NBI) and other government agencies as may be
required; appropriate clearance in case of persons with criminal
cases; provided that where the member or partner concerned is a
foreigner, clearance from his country of origin shall be required.
6. A verified undertaking stating that the applicant:
a. Shall select only medically and technically qualified
recruits;
b. Shall assume full and complete responsibility for all claims
and liabilities which may arise in connection with the use of
the license;
c. Shall assume joint and solidary liability with the employer for
all claims and liabilities which may arise in connection with
the implementation of the contract, including but not limited
to payment of wages, death and disability compensation and
repatriations;
d. Shall guarantee compliance with the existing labor and social
legislations of the Philippines and of the country of
employment of the recruited workers;
e. Shall assume full and complete responsibility for all acts of its
officials, employees and representatives done in connection
with recruitment and placement;
f. Shall negotiate for the best terms and conditions of
employment.
g. Shall disclose the full terms and conditions of employment to
the applicant workers.
h. Shall deploy at least 100 workers to its new markets within
one (1) year from the issuance of its license.
i. Shall provide orientation on recruitment procedures, terms
and conditions and other relevant information to its workers
and provide facilities therefor
6
j. Shall repatriate the deployed workers and his personal
belongings when the need arises.
7. In case of corporation or partnership, verified undertaking by its
officers, directors, partners that they will be jointly and severally
liable with the company over claims arising from employeremployee
relationship
8. Contract of lease or proof of building ownership, indicating the
office address, providing for an office space of at least one hundred
(100) square meters.
9. Individual income tax returns for the past two (2) years of the
proprietor, partners, stockholders/incorporators, as the case may
be.
10. Proof of possession by the sole proprietor, partner or chief
executive officer of a bachelor’s degree and three years business
experience.
11. List of all officials and personnel involved in the recruitment and
placement, together with their appointment, bio-data and two (2)
copies of their passport-size pictures as well as their clearances
from the National Bureau of Investigation and the Anti-Illegal
Recruitment Branch of the Administration.
12. Proof of publication of notice of the application with the names of
the proprietor, partners, incorporators and officers;
13. Certificate of attendance of owner and/or chief executive officer in
a pre-application seminar conducted by the Administration.
How much is the filing fee for license application?
An applicant for license shall pay a non-refundable filing fee of Ten
Thousand Pesos (P10,000.00)
What application shall be acted upon?
Only applications with complete supporting documents shall be processed
and acted upon.
How soon can a license be issued?
A license can be issued within fifteen (15) calendar days from receipt of an
application with complete requirements.
7
How much are the license fee and bonds?
License Fee - P50,000.00
Escrow deposit - P1,000,000.00
Surety bond - P100,000.00
What is the validity period of the license?
It shall be valid for four (4) years from the date of issuance, unless sooner
cancelled, revoked or suspended for violation of applicable Philippine law,
these rules and other pertinent issuances.
What is a provisional license?
Applicants for new license shall be issued a provisional license which
shall be valid for a limited period of one (1) year within which the
applicant should be able to comply with its undertaking to deploy 100
workers to its new principal.
Can a provisional license be upgraded to a full license?
Yes, the license of an agency which has complied with its undertaking
shall be upgraded to a full license entitling them to another three years of
operation.
Are licensed agencies allowed more than one office?
Yes, additional offices may be established subject to the prior approval of
the Administration.
What are the requirements for renewal of license?
1. Duly accomplished POEA-LRO renewal application form.
2. Renewed or revalidated surety bond in the amount of
P100,000.00 valid for four years together with official receipt.
2. Renewed escrow agreement in the amount of P1,000,000.00
with a commercial bank with confirmation of excrow deposit
3. Audited financial statements for the past two years with verified
corporate or individual tax returns or individual income tax
returns of the single proprietor or partner. In case the equity of
the agency is below the minimum capitalization requirement, it
8
shall be given thirty (30) days from release of the renewed license
to submit proof(s) of capital infusion, otherwise the license shall be
suspended until it has complied with the said requirement.
4. NBI clearance issued not earlier than six (6) months from date of
filing of application and clearance from the POEA Anti-Illegal
Recruitment Branch for all the Directors, officers, and employees
involved in recruitment and placement. In case of directors or
partners with foreign nationality, the clearance from their country
of origin may be submitted in place of the NBI clearance.
5. Other requirements as may be imposed by the Administration.
When must a licensed agency apply for the renewal of its license?
An agency shall submit an application for the renewal of its license on or
before its expiration.
Can an agency which failed to make timely application for renewal
still qualify to renew its license?
Yes, it may be allowed to renew within thirty (30) days from expiry thereof
but shall pay a fine of P10,000.00.
How soon can a license be renewed?
A license can be renewed within forty- eight (48) hours from receipt of the
application for renewal with the complete requirements.
Shall an application for issuance/renewal of license not supported with
complete requirements be accepted?
No, only applications with complete requirements for issuance and
renewal of license shall be accepted.
How does the Administration recognize exemplary performance of an
agency?
The Administration shall undertake the classification and ranking of
agencies, and in recognition of their exemplary performance, guidelines
will be issued for entitlement of agencies to schemes for incentive and
rewards such as extension of validity of license, express processing and
in-house documentation.
9
What is the inspection function of the Administration?
The POEA Inspectorate inspects the agency premises and facilities
including the pertinent documents of the agency to determine compliance
with rules and policies of the Administration.
When does the Administration conduct inspection?
The Administration shall conduct an inspection of the premises and
facilities including pertinent documents on the following instances:
1. Before issuance of a license
2. In case of transfer of office
3. Routine/regular inspection
4. Spot inspection
What is routine/regular inspection?
It is the periodic inspection of offices, studios or pre-departure orientation
seminar (PDOS) venues by the Administration to determine compliance
with existing rules and regulation.
What is spot inspection?
It is the inspection conducted by the Administration upon receipt of a
complaint or report of violation of existing rules and regulation.
What are POCB accredited companies?
These are construction contractors duly accredited by the Philippine
Overseas Construction Board.
Are POCB accredited companies required to get a license?
POCB registered companies with overseas projects duly accredited by the
POCB may apply for a license subject to the following requirements:
1. Articles of Incorporation
2. Certified true copy of its POCB certificate of registration
3. Proof of payment of non-refundable filing fee of P10,000.00
Upon approval of the application, the contractor company shall:
1. Pay a license fee of P50,000
2. Post a surety bond in the amount of P50,000 and escrow deposit
of P200,000.00
10
However, application for a license by POCB-registered companies without
POCB accredited overseas projects shall be subject to the usual
requirements for issuance/renewal of license as prescribed in Rule II, Part
2 of the Rules.
What are the fees/costs chargeable to the workers?
1. placement fee
2. documentations costs
What is placement fee?
It refers to the amount charged by a private employment agency from a
worker for its recruitment and placement services, which is equivalent to
one month salary, exclusive of documentation costs.
What are documentation costs?
Documentation costs to be paid by the worker shall include, but not
limited to, expenses for the following:
1. Passport
2. NBI/Policy/Barangay Clearance
3. Authentication
4. Birth Certificate
5. Medicare
6. Trade Test, if necessary
7. Inoculation, when required by the host country
8. Medical Examination fees
When is a worker not required to pay placement fee?
When a worker is to be deployed to a country where the prevailing
system, either by law, policy or practice, does not allow the charging or
collection of placement and recruitment fee.
RECRUITMENT OUTSIDE REGISTERED OFFICE
Can a licensed agency conduct recruitment activities outside its
registered address?
As a general rule a licensed agency can not conduct recruitment activities
outside of its registered address. However it may conduct recruitment
activities under the following instances:
11
1. If recruitment is conducted under the Public Employment Service
Office Act of 1999 (RA 8759). Public Employment Service Office
Act of 1999 is an act institutionalizing a national facilitation
service network through the establishment of a Public
Employment Service Office in every province, key city and other
strategic areas throughout the country.
2. If recruitment is conducted under a Special Recruitment
Authority issued by the Administration. Special Recruitment
Authority refers to the authority granted to an agency to conduct
recruitment outside its registered business address approved by
the Administration.
What are the conditions for issuance of a Special Recruitment
Authority?
Special Recruitment Authority shall be issued subject to the conditions
that recruitment activities outside the registered office of the agency shall
be conducted only at venues authorized by the Administration, and under
the supervision by the Administration, the DOLE, or the appropriate local
government unit.
What is the validity period of a special recruitment authority?
The special authority granted to an agency to conduct recruitment
activities outside of its registered office based on its manpower
requirements shall be valid for a specified period unless otherwise
extended, modified or revoked by this Administration or any of its regional
offices concerned.
When may a Special Recruitment Authority be cancelled or revoked?
The Administration may cancel or revoke a special recruitment authority
issued to an agency for violation of the conditions set in the authority
such as venue, representative, duration and compliance with these rules.
What is a terminal report?
Terminal report refers to the initial report reflecting names of applicants
registered/interviewed during the conduct of special recruitment activity.
When is it required to be submitted?
The agency shall submit a terminal report to the Administration within
thirty (30) days from termination of the recruitment activity conducted
12
outside its registered office. No subsequent authority shall be issued
until the agency has submitted its report.
ADVERTISEMENT FOR OVERSEAS JOBS
When can the agency advertise without prior approval of the
Administration?
Licensed agencies may advertise for actual job vacancies without prior
approval from the Administration if covered by manpower requests of
registered/accredited foreign principals and projects. The Advertisements
shall indicate the following information:
1. Name, address and POEA licensed number of the agency;
2. Work site of prospective principal/project;
3. Skill categories and qualification standards; and
4. Number of available positions
Can the agency advertise for manpower pooling without prior
approval?
Yes, licensed agencies may advertise for manpower pooling without prior
approval from the Administration subject to the following conditions:
a. The advertisement should indicate in bold letters that it is for
manpower pooling only and that no fees will be collected from the
applicants; and
b. The advertisement indicates the name, address and POEA license
number of the agency, name and worksite of the prospective
registered/accredited principal and the skill categories and
qualification standard.
Can foreign principals/employers directly advertise for overseas job
vacancies?
Foreign principals/employers who wish to advertise overseas job
vacancies may do so only through a POEA-licensed agency or through the
Administration.
13
SKILLS TEST AND MEDICAL EXAMINATION FOR
OVERSEAS EMPLOYMENT
When should an applicant be referred for skills testing?
An applicant for overseas employment shall be referred for skills test only
after the agency and/or its foreign principal or employer has interviewed
and pre-qualified him to an existing overseas position duly covered by an
approved job order by the Administration.
Where should an applicant be referred for skills testing?
An applicant for overseas employment shall be referred for skills test to a
TESDA accredited skills-testing center.
What is the scope of the skills test?
The agency shall ensure that the test shall only be for the skill category
that the worker has applied for.
When should an applicant be referred for medical examination?
The agency shall refer an applicant for overseas employment medical test
only after the agency and/or its foreign principal or employer has
interviewed him and pre-qualified him for an existing overseas position
duly covered by an approved job order by the Administration.
Where should an applicant be referred for medical examination?
The agency shall refer an applicant for overseas employment medical test
to a DOH-accredited medical clinic.
What is the scope of the medical examination?
The agency shall ensure that the medical examination shall be conducted
in accordance with the requirements of the employer.
DEPARTURE AND ARRIVAL OF OVERSEAS FILIPINO
WORKERS
What are POEA Assistance Centers?
POEA Assistance Centers are units established by the Administration at
international airports and other exit points in the country to ensure that
14
workers are properly documented before proceeding to their overseas job
sites. Workers without proper documents shall not be cleared by the
center.
The POEA Assistance Center shall likewise provide assistance to arriving
workers particularly those who are in distress.
Do POEA Assistance Centers issue Overseas Employment Certificates
and under what circumstances?
Yes, departing overseas Filipino workers may secure overseas employment
certificate at the labor assistance centers under such circumstances as
may be determined by the Administration.
What is a Special Exit Clearance?
Special exit clearance refers to clearance issued to individuals whose
nature of travel falls under special cases.
REGISTRATION AND VERIFICATION OF FOREIGN
PRINCIPALS, EMPLOYERS AND PROJECTS
What is meant by registration of foreign principals, employers and
projects?
Registration shall refer to the act of recognizing and entering in the
official records of the POEA the existence of a foreign principal/employer
or project whose documents have been verified in the jobsite by the
appropriate officials of the Philippine government.
What is verification?
Verification shall refer to the act performed by a Philippine overseas labor
officer (POLO) or any other officer designated by the Secretary of Labor
and Employment in the Philippine embassy or consulate in reviewing and
verifying the recruitment documents of foreign principals, including the
employment contract of Filipino nationals,. This is for purposes of
establishing the existence of the employing person, company or project,
its capability to hire workers at the acceptable rates, and at desirable
conditions, in conformity with the minimum standards prescribed by the
POEA and taking into account the labor laws and legislations of the host
government.
15
Is verification of recruitment documents required prior to
registration of foreign principals/employers/projects ?
Yes. Verification of recruitment documents of foreign employers/
principals/projects is required for the registration of the principal/project.
What documents are required for verification by the POLO?
The following documents shall be submitted to the POLO prior to the
registration of the principal/project at the POEA:
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 stipulates among others the
minimum provisions of employment contracts of landbased
workers;
3. Manpower request indicating the position and salary of the
workers to be hired;
4. Valid business license, registration certificate or equivalent
document.
What are the minimum provisions which should be incorporated in
the employment contract of landbased workers?
1. guaranteed wages for regular work hours and OT pay which shall
not be lower than the prescribed minimum wage in the host
country or not lower than the appropriate minimum wage
standard 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.
16
What verified documents should be submitted to the POEA by the
Philippine agency for the registration of its principal/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
3. Manpower request of the foreign principal indicating the
position and salary.
POCB-REGISTERED PROJECTS shall also be registered with the POEA
but without undergoing the above procedures, subject to guidelines that
may be prescribed by the POEA.
Can foreign placement agencies (FPA) qualify for registration with
the POEA?
Yes. FPAs 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 POEA.
What is the validity of registration of foreign principals and projects?
The foreign principal or project shall be registered by the POEA for a
maximum of four years unless sooner revoked 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;
4. final judgment in a disciplinary action against the foreign
principal
Provisional registration may be granted for a period of ninety days for a
principal that substantially meets the registration requirements.
The expiration of the agency’s license shall not cause the automatic
expiration of the registration. It shall only be suspended until the
renewal of the license.
17
Will the registration of the principal be renewed upon expiry of the 4-
year validity of the registration?
Registration shall be renewed upon request by the agency provided that
documents required for initial registration are still valid.
Can a foreign principal be registered to more than one Philippine
agency?
Yes. A foreign principal that acts as direct employer may be registered to
more than one Philippine agency provided that:
1. a uniform compensation package is adopted by the principal
and the agencies;
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.
On the other hand, a principal that is licensed to operate as a foreign
placement agency by its government may be registered to a maximum of
two (2) Philippine agencies provided that:
1. a uniform compensation package is adopted by the principal
and the agencies;
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.
Can the registration of a foreign principal be transferred to another
agency?
Yes. The registration of a foreign placement agency may be transferred to
another agency provided that:
1. the compensation package previously approved by the POEA shall
be maintained
2. the transferee (new agent) shall assume full and complete
responsibility to all contractual obligations of the principals to its
workers originally recruited and processed by the former agency.
18
Can the POEA act on application for registration of principals with
outstanding claims/obligations?
Claims for money or enforcement of obligations arising out of business
relations between principals and their existing agencies may be
conciliated by the POEA. However, the pendency of the conciliation shall
not prevent the POEA from acting on the request for registration if public
interest so requires.
What requirements for registration shall apply to principals in
countries with unique or special conditions of employment (ex.
principals of OPAs for Japan/nurses for UK and Ireland) ?
The registration of principals in countries with unique or special
conditions of employment shall be governed by separate guidelines
prescribed by the POEA.
ACCREDITATION OF FOREIGN PRINCIPALS/
EMPLOYERS AND PROJECTS
What is meant by accreditation of foreign principals or employers?
Accreditation shall refer to the grant of authority to a foreign principal to
recruit and hire Filipino workers through a licensed agency for overseas
employment.
Who undergo accreditation at POEA?
Foreign principals, employers, or projects in countries or work sites
where there are no POLOS to verify recruitment documents shall undergo
accreditation at the POEA.
Who may file for the accreditation of principals, employers, or
projects?
Only duly licensed agencies may file for accreditation of their foreign
principals, employers or projects.
What documents are required for accreditation?
The principal/employer shall submit the following documents to POEA
through the Philippine licensed agency for evaluation and accreditation:
19
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 landbased workers;
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;
5. Visa assurance or any equivalent document validated by the
issuing authority.
What is the validity of the accreditation of foreign principals /
employers?
The accreditation of foreign principals, employers or projects shall be
valid for four (4) years unless, sooner revoked or cancelled by the POEA.
What are the grounds for revocation or cancellation of accreditation
by the POEA?
The following are grounds for revocation or cancellation of accreditation
by the POEA:
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 accreditation;
4. Final judgment in a disciplinary action against the foreign
principal.
Can POEA grant a provisional accreditation?
Yes. A provisional accreditation maybe granted on a period of ninety days
for a principal that substantially meets the accreditation requirements.
20
The expiration of the agency’s license shall not cause the automatic
expiration of the accreditation. It shall only be suspended until the
renewal of the license.
Can a foreign principal be accredited to more than one Philippine
Agency?
Yes. 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;
2. The principal has a verified job order of at least 50 workers;
3. That the principal must have hired at least 50 workers within a
period of one year immediately preceding the accreditation
Can a Foreign Placement Agency be accredited as a principal ?
Yes, provided it is licensed to operate by the government of the host
country
Can a Foreign Placement Agency be accredited to more than one
Philippine agency?
Yes, it can be accredited up to a maximum of two Philippine agencies
only provided that it meets the following requirements:
1. A uniform compensation package shall be adopted by the principal
and the Agency;
2. The principal has a verified job order of at least 50 workers
3. That the principal must have hired at least 50 workers within a
period of one year immediately preceding the accreditation.
Can accreditation of a foreign principal be transferred to another
agency?
Yes. The accreditation of a foreign principal may be transferred to
another agency provided that:
1. The compensation package previously approved by the POEA
shall be maintained
21
2. The transferee (new agent) shall assume full and complete
responsibility to all outstanding claims/ obligations of the
principal to its workers originally recruited and processed by
the former agency.
Can POEA act on application for accreditation of principals with
outstanding claims/ obligations?
Claims for money or enforcement of obligations arising out of business
relations between principals and their existing agencies may be
conciliated by the POEA. However, the pendency of the conciliation shall
not prevent the POEA from acting on the request for accreditation if the
public interest so requires.
REGISTRATION OF NAME HIRES
Who is a name hire?
A name hire refers to a worker who is able to secure an overseas
employment opportunity with an employer without the assistance or
participation of any agency.
Does a name-hire need to register with POEA?
Yes. A name hire has to register with the POEA to document his status
as an Overseas Filipino Worker.
What documents are required for registration?
A name hire worker shall be registered by the POEA upon submission of
the following documents:
1. OFW Information Sheet
2 valid passport
3. employment contract or offer of employment or equivalent
document, indicating the terms and conditions of employment
4 work visa/permit, no objection certificate (NOC), visa assurance
or equivalent entry document
5. certificate of medical fitness issued by a DOH-accredited
medical clinic authorized to conduct medical examination for
overseas employment
22
6. certificate of attendance to POEA in-house pre-departure
orientation seminar
Are there fees to be paid upon registration?
A worker shall pay the following fees upon registration :
Processing fee - US$100 or its peso equivalent
OWWA contribution - US$ 25 or its peso equivalent
Medicare fee - P900.00
Upon payment of the required fees, the POEA shall issue the
corresponding Overseas Employment Certificate (OEC).
What is the overseas employment certificate (OEC)?
The Overseas Employment Certificate (OEC) is a document issued by the
POEA which serves as a travel clearance when a worker leaves to assume
his overseas employment. The OEC also exempts the worker from
payment of travel tax of P1,620 and airport tax of P550.
Where does one register as a name hire?
A worker may register as a name hire at the One Stop Landbased
Accreditation and Processing Center, located at the 2nd floor, POEA Bldg,
Ortigas corner EDSA, Mandaluyong City or at any of the following POEA
regional centers and regional extension units :
1. POEA Regional Center for Luzon
3rd Floor, Tabora Bldg. III P. Burgos St
San Fernando City, La Union
2. POEA Regional Center for Visayas
3rd Floor, Gemini Building
719 M. J. Cuenco Ave., Cebu City
3. POEA Regional Center for Mindanao
Door 1 & 2, Seo Leng Wong Bldg.
Jacinto-Artiaga St., Davao City
4. POEA Regional Extension Unit – CAR
Benitez Court Compound
Magsaysay Ave., Baguio City
23
5. POEA Regional Extension Unit – Region VI
2nd Floor, S.C. Divinagracia Bldg.
Quezon Street, Iloilo City
WORKER-ON-LEAVE/VACATIONING WORKERS
Who is considered a worker-on-leave/vacationing worker?
A land based Overseas Filipino Worker (OFW) who is in the country for a
vacation (Annual leave/emergency leave) and who is returning to the
same employer to resume employment is considered a worker-on-leave/
vacationing worker..
Who are included under this category?
1. An OFW who is on vacation or on emergency leave and will
resume employment with the same employer in the same
worksite.
2 A vacationing OFW who will return to the same employer but
in another country/ worksite.
3. A worker who has stayed in the country for an extended period
and is returning to the same employer.
Where does one register and secure overseas employment certificate
(OEC)?
Workers-on-Leave/vacationing workers may register and secure Overseas
Employment Certificate (OEC) at Balik-Manggagawa Processing
Division(BMPD) located at the Service Area, POEA Bldg., Ortigas Avenue
corner EDSA, Mandaluyong City, or to any of the following:
• POEA Regional Centers in Cebu and Davao City
• POEA Regional Extension Units and Satellite Offices
• Deputized OWWA Regional Offices
• Duty-Free Philippines Fiesta Mall
• Philippine Overseas Labor Office (POLOs) of various Philippine
Embassies and Consulates abroad.
What are the requirements for registration as worker-on-leave/
vacationing OFW?
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1. Valid passport; and
2. Re-entry visa, work permit, or any equivalent document.
What are the required fees to be paid?
The following are the required fees to be paid by the OFW to register and
secure Overseas Employment Certificate (OEC):
OWWA Contribution/Membership Fee - PHP 1,275.00
(on a per contract basis)
Medicare Coverage Premium (One year) - PHP900.00
(Premium maybe paid to OWWA or PHILHEALTH)
POEA Processing Fee - PHP100.00
WELFARE SERVICES
What are the welfare services for the OFWs which shall be transferred
from POEA to OWWA within three months from the effectivity of the
POEA Revised Rules and Regulations?
1. Conciliation of complaints of workers and/or their families arising
out of the following cases:
a. contract violations involving OFWs who are still at the jobsite;
b. common welfare problems outside POEA’s adjudicatory or
regulatory authority;
2. Request for assistance of seafarers on cases not involving POEA:
3. Repatriation of workers, remains and transport of their
belongings;
4. Airport/seaport assistance for repatriated OFWs;
5. Legal assistance to OFWs on site on cases involving employeremployee
relationship;
6. Assistance in claiming unpaid allotments and in non-support
cases.
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What are the services which the POEA shall continue to render to
the OFWs?
1. In cases of repatriation, notify the agency concerned to provide
plane ticket or Prepaid Ticket Advice (PTA), under pain of
administrative sanction; (Sec. 15, R.A. 8042 and Secs. 54 & 55,
Implementing Guidelines
2. Impose appropriate sanctions against erring foreign principals/
employers/OFWs upon recommendation by the Embassies/
POLOs/OWWA and other authorities;
3. Impose sanctions on licensed local recruitment agencies for failure
to cooperate in providing welfare assistance to OFWs they have
deployed;
4. Suspend documentary suspension of processing of licensed
agencies for its failure to provide PTA for OFW’s due for
repatriation;
5. Issue clearance certificates to OFWs, agencies and principals;
6. Provide technical and administrative support to the National
Conciliation and Mediation Board (NCMB) in monitoring cases
involving seafarers, their employers/principals that are being
submitted to Voluntary Arbitration;
7. Act on complaints of OFWs and/or their families arising out of
pre-employment and disciplinary cases which are administrative
in character;
8. Maintain a system of referring cases to the appropriate agency
which has jurisdiction over the request for assistance;
9. Monitor incidents concerning OFWs as reported by agencies
pursuant to POEA MC No. 13, series of 1992;
10. Establish welfare programs and services to prevent illegal
recruitment, fraud and exploitation or abuse of OFWs;
11. Assist in the collection of the cost of repatriation advanced by
OWWA for the agency.
26
What assistance can POEA provide to OFWs and local deploying
agencies/employers who opt to settle their case/s amicably?
1. The Administration may call on a conciliation conference between
the parties to discuss the possibility of an amicable settlement.
2. Where an amicable settlement is reached, the Administration shall
approve the same and the settlement shall be final and binding
upon the parties.
3. Where efforts for amicable settlement fail, the conciliation
proceedings shall be terminated and the complaint shall be
referred to the appropriate office immediately.
What is the procedure for the repatriation of OFWs?
Requests for repatriation shall be filed at the Workers Assistance Division
(WAD), Overseas Workers Welfare Administration (OWWA);
Who shall be responsible for the repatriation of OFWs and the
transport of his personal belongings?
The repatriation of the worker and the transport of his personal
belongings shall be the primary responsibility of the agency which
recruited or deployed the workers overseas.
Who shall shoulder the cost of repatriation of OFWs?
1. All costs attendant to repatriation shall be borne or charged to the
agency concerned and/or its principal.
2. If the principal fails to provide for the costs of repatriation, the
POEA shall require the local deploying agency to provide the plane
ticket or a prepaid ticket advice (PTA) for the OFW.
What sanction/s may be imposed upon an agency for non-provision of
ticket/PTA for the repatriation of OFWs?
If the employment agency fails to provide the ticket of PTA within 48
hours from receipt of notice, the Administrator shall suspend the
documentary processing of the agency or impose such sanctions as it may
deem necessary.
Are OFWs protected from the hazards of war? Yes.
1. POEA declares war risk areas as established by competent
27
authority in order to protect workers from the hazards of war or
war-like operations;
2. Employers provide a worker war risk insurance coverage of
P200,000.00 at no cost to the worker
Would POEA continue to have its in-house placement office?
Yes, under Part IV, Rule I of the new rules, provisions are dedicated to
placement by the Administration.
What advantage do you think would OFWs gain by applying to POEA
for overseas employment?
There are advantages that would accrue to the OFWs if they are employed
overseas thru POEA-GPB:
1. No placement fee
2. Employers/workers are closely monitored to avoid incidence of
welfare/legal cases
3. Provision of Employee Guarantee Trust Fund
4. Processing cycle time is kept at a minimum to meet deployment
date
What is the Employment Guarantee Trust Fund about?
The Employment Guarantee Trust Fund is established for all workers
hired on a government-to-government arrangement for the purpose of
covering monetary claims of workers that may arise from breach of
contractual obligations of employers.
How would applicants from the provinces avail of the in-house
recruitment program of POEA-GPB?
All regional applicants should apply thru the Regional Labor Center/
Office where applications are pooled and forwarded to the POEA Head
Office.
What are the requirements for landbased worker registration?
The following are the requirement for registration of landbased workers:
. 2 pcs. Pictures 2x2
. 6 pcs. For MOH-KSA applicants
. Typewritten Self-made Bio-Data/Resume with detailed job
description
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. Certificate of Employment of at least 2 years experience in one
position
. Passport for applicants with overseas experience
. High School Diploma
. College Diploma
. Transcript of Records
. Valid PRC ID
. Board License
. Board Rating
. OMA Certificate for Muslim applicants (Certification from DFA
or Camp Crame)
. Birth Certificate
. Training Certificate if applicable ONLY.
(Original copy of the above documents must be presented upon
registration)
Where can an applicant submit the requirements for landbased
registration?
Qualified applicants may submit the requirement for landbased
registration at the Manpower Registry Division, Employment Branch or
at POEA Regional Centers; Extension Units; and Satellite Offices.
Registration is free.
Who may source manpower requirements from the POEA registry?
Aside from the in-house placement facility of the Administration, private
recruitment agency may source their manpower requirements from the
POEA registry.
How can interested workers secure referral from POEA?
Applicants for overseas employment may secure referral from POEA at the
Manpower Registry Division by submitting comprehensive resume, school
credentials and other documents that attest to the experience, training
and trade or professional certification of the applicant.
What is the role of the Administration in migrant worker education?
In accordance with the policy of full disclosure, the Administration shall
provide a comprehensive and integrated education program on overseas
employment in all stages of recruitment and employment in partnership
with other relevant organizations and government entities.
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What migrant worker information/education programs will be
implemented by the Administration?
The Administration shall conduct a nationwide, multi-media and
sustainable grassroots information campaign to create public awareness
on the realities of overseas employment.
What changes will we expect in migrant workers orientation?
The POEA is paving the way for an OWWA Membership Pre-Departure
Orientation (PDO) Program.
Who will be responsible for orienting licensed agency representatives
and foreign employers?
The Administration shall have the responsibility of providing orientation
to officials and staff of licensed agencies and foreign employers on the
requirements, standards, laws and regulations in the recruitment and
employment of Filipino workers.
LEGAL ASSISTANCE AND ENFORCEMENT MEASURES
What is illegal recruitment?
Illegal recruitment is any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring workers and includes referrals,
contract, services, promising or advertising for employment abroad
whether for profit or not when undertaken by a non-licensee or nonholder
of authority. Provided, that any such non-licensee or non-holder
who, in any manner, offers or promises for a fee employment abroad to
two or more persons shall be deemed so engaged.
Is illegal recruitment committed only by those without license or
authority from the POEA?
No. A licensee or a holder of authority, when it conducts any of the
prohibited acts enumerated in Section 6 of RA 8042 may be charged with
illegal recruitment.
What are the acts that constitute illegal recruitment?
1. To charge or accept directly or indirectly any amount greater than
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that specified in the schedule of allowable fees prescribed by the
Secretary or to make a worker pay the recruiter or its agents any
amount greater than that actually loaned or advanced to him;
2. To furnish or publish any false notice or information or document
in relation to recruitment or employment;
3. To give any false notice, testimony, information or document or
commit any act or misrepresentation for the purpose of securing a
license or authority under the Labor Code.
4. To induce or attempt to induce a worker already employed to quit
his employment in order to offer him another unless the transfer
is designed to liberate a worker from oppressive terms and
conditions of employment;
5. To influence or attempt to influence any person or entity not to
employ any worker who has not applied for employment through
his agency;
6. To engage in the recruitment or placement of workers in jobs
harmful to public health or morality or to the dignity of the
Republic of the Philippines as may be prohibited by law or duly
constituted authority;
7. To obstruct or attempt to obstruct inspection by the Secretary or
by his/her duly authorized representative;
8. To fail to submit reports on the status of employment, placement,
vacancies, remittance of foreign exchange earnings, separation
from jobs, departures and such other matters or information as
may be required by the Secretary under penalty of law;
9. To substitute or alter to the prejudice of the worker, employment
contract approved and verified by the DOLE 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
DOLE;
10. For an officer or agent of a recruitment or placement agency to
become an officer or member of the Board of any corporation
engaged in travel agency or to be engaged directly or indirectly in
the management of a travel agency;
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11. To withhold or deny travel documents from applicant workers
before departure for monetary or financial consideration other
than those authorized under the Labor Code and its implementing
rules and regulations;
12. To fail to actually deploy without valid reason as determined by
the DOLE;
13. To fail to reimburse expenses incurred by the worker in connection
with his/her documentation and processing for purposes of
deployment, in cases where the deployment does not actually take
place without the worker’s fault.
Is illegal recruitment a crime?
Yes. Illegal recruitment is a crime and is punishable under Article 39 of
the Labor Code as amended and RA 8042.
What are the programs of the POEA to protect the public from illegal
recruitment?
The POEA shall adopt policies and procedures, prepare and implement
programs toward the eradication of illegal recruitment activities such as,
but not limited to the following:
1. Providing legal assistance to victims of illegal recruitment and
related cases;
2. Assistance in the prosecution of suspected illegal recruiters;
3. Special operations such as surveillance of persons and entities
suspected to be engaged in illegal recruitment; and
4. Information and education campaign.
Whenever necessary, the Administration shall coordinate with other
appropriate entities in the implementation of said programs.
How can POEA be of assistance to victims of illegal recruitment?
1. The Administration shall provide free legal assistance to victims of
illegal recruitment and related cases, including but not limited to
legal advice, assistance in the preparation of complaints and
supporting documents, institution of criminal actions and
whenever necessary, provide counseling during preliminary
investigation and hearings.
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2. Where the complaint/report alleges that illegal recruitment
activities are on-going, surveillance shall be conducted and if such
activities are confirmed, a closure order shall be issued by the
Administration to cause the closure of an illegal recruitment
establishment/entity.
Where will the victims file a report or complaint of illegal
recruitment?
Victims of illegal recruitment may file with any of the following offices:
1. Anti-Illegal Recruitment Branch, POEA 4th Floor POEA Bldg.,
Edsa corner Ortigas Mandaluyong City.
2. POEA Regional Centers and Regional Extension Units.
3. DOLE Regional Offices.
4. National Bureau of Investigation, Philippine National Police
and related law enforcement authorities.
ADJUDICATION OF CASES
What are the kinds of cases filed at the Adjudication Office?
The kinds of cases filed in the Adjudication Office:
1. Recruitment violation cases against recruitment agencies;
2. Disciplinary action cases against foreign employers;
3. Disciplinary action cases against the overseas workers.
Who may file the complaint?
Any aggrieved person or one who is prejudiced by the commission of a
violation of the Labor Code, the POEA Rules and Regulations, and other
issuances relating to recruitment may file a complaint.
What are the contents of the complaint?
The formal requirements of a complaint are the following:
33
1. Name/s and address/es of the complainant/s
2. Name/s and address/es of the respondent/s
3. Specific act/s or omission/s constituting the alleged offense
4. Place where the offense was committed
5. Date when the offense was committed
6. The amount of claim, if any
7. The relief sought
The complaint must be in writing and under oath.
On the basis of official reports especially from our labor attaches and
ambassadors all over the world, can the Administration initiate
recruitment violation and disciplinary action cases?
Yes, the Administration, on its own initiative, may conduct proceedings
based on reports of violation of the Labor Code and the POEA Rules and
Regulations and other issuances on overseas employment.
What is the period within which a complainant can file his complaint
against the recruitment agency, foreign employer and worker?
All recruitment violation and disciplinary action cases should be filed with
the Administration within three (3) years from the time the cause of
action accrued/happened/transpired.
What are the usual complaints against recruitment agencies?
The usual complaints against recruitment agencies are:
1. non-issuance of receipts
2. illegal exaction or charging or accepting an amount greater
than that allowed by the Secretary
3. charging or accepting an amount even before employment is
obtained for an applicant
4. substituting or altering, to the prejudice of the worker, the
employment contract
5. withholding the workers’ travel documents
6. misrepresentation
What are the classifications of recruitment violations and their
34
corresponding penalties?
Recruitment violations are classified as follows with their corresponding
penalties.
PLEASE SEE TABLE 1 FOR THE LIST OF OFFENSES AND THEIR
CORRESPONDING PENALTIES.
What are the preventive actions that the Administration may take
against the recruitment agencies pending investigation of the
complaints against them?
Pending investigation, the Administration may impose the following
against the recruitment agencies:
1. Suspension of Documentary Processing. The Administration may
suspend of the processing of documents of a respondent agency
for violation of any provision of these Rules, Orders, and
regulations. Such is without prejudice to the outcome of the
investigation wherein the proper penalty may be imposed.
2. Preventive Suspension. Pending investigation of the recruitment
violation/s, the license of the respondent agency may be
suspended for a period not exceeding the imposable penalties
under the revised schedule of penalties, on the following grounds:
a. There exist reasonable grounds to believe that the continued
operation of the agency will lead to further violation or
exploitation of the workers being recruited or adversely affect
friendly relations with any country or otherwise prejudice
national interest; and
b. There is prima facie evidence of a case for violation of the
pertinent provisions of the Labor Code, its implementing rules
35
and Regulations, POEA Rules and Regulations or any issuance
of the Administration where the evidence of guilt is strong.
In recruitment violations, may money claims be awarded to the
complainants?
Yes, money claims arising from recruitment violations may be awarded in
addition to the administrative penalties imposed.
How are the fines imposed on suspended agencies computed?
In addition or in lieu of the penalty of suspension of license, the
Administration may impose the penalty of fine which shall be computed
at P10,000.00 for every month of suspension.
What happens to the respondent agency if it is found guilty in one
case filed by five (5) or more complainants?
The respondent agency shall suffer the penalty of cancellation of its
license
What are some of the usual complaints against the worker?
The usual complaints against the worker are:
A. Pre-Employment Offenses
1. Using, providing, or submitting false information or documents
for purposes of job application or employment
2. Unjustified refusal to depart for the worksite after all
employment and travel documents have been duly approved
by the appropriate Government agency/ies
B. Offenses during Employment
1. Commission of a felony or crime punishable by Philippine Laws
or by the laws of the host country
2. Unjustified breach of employment contract
3. Embezzlement of company funds or monies and/or properties
of a fellow worker entrusted for delivery to kin or relatives in
the Philippines
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4. Violation/s of the sacred practices of the host country.
How are the offenses committed by the workers classified?
The offenses committed by the workers are classified as SERIOUS and
LESS SERIOUS offenses
PLEASE SEE TABLE 2 FOR THE LIST OF OFFENSES AND THEIR
CORRESPONDING PENALTIES.
What are the grounds for disciplinary action cases against the foreign
employers?
The usual complaints against the foreign employers are:
1. Default on its contractual obligations to the migrant worker and/
or to its Philippine agent
2. Gross violation of laws, rules and regulations on overseas
employment
3. Gross negligence leading to serious injury or illness or death of
the worker
4. Grave misconduct
5. Conviction of an offense involving moral turpitude
6. Any other cases analogous to the foregoing
What sanction can the Administration impose against the foreign
employer pending the investigation of a complaint?
Preventive suspension. A principal/employer may be suspended from
37
participating in the overseas employment program pending investigation
of the disciplinary action case when the evidence of guilt is strong and
there is reasonable ground to believe that the continued deployment to
the principal/employer will result to further violation or exploitation of
migrant workers
What are the possible sanctions or penalties meted against the
foreign employers?
1. Temporary disqualification. A foreign employer/principal against
whom a complaint for disciplinary action has been filed shall be
temporarily disqualified from participating in the overseas
employment program until the respondent submits to the
jurisdiction of the Administration.
2. Disqualification. Foreign employers/principals against whom the
penalty of suspension or disqualification had been imposed
through an order, decision or resolution shall be disqualified from
participating in overseas employment program unless cleared by
the Administration or the penalty imposed is lifted.
What are the circumstances to be considered in determining the
penalties to be imposed to erring recruitment agency, foreign
employer and worker?
In the determination of the penalties to be imposed, the following
mitigating, aggravating and alternative circumstances attendant to the
commission of the offense shall be considered:
1. First Offender
2. Admission of guilt and voluntary restitution, where applicable
3. Good faith
4. Exemplary performance
5. Recidivism
6. Prejudice to the worker
7. Gross negligence
8. Other analogous circumstances
What is the effect of complainant’s desistance or withdrawal of
complaint?
The complainant’s desistance or withdrawal of complaint shall not bar the
Administration from proceeding with the investigation of the recruitment
violations. The Administration shall resolve the case on the merits and
38
impose the appropriate penalties.
What are the requirements of an appeal?
The requirements of Appeal are:
1. The appealing party shall file a Notice of Appeal and an Appeal
Memorandum with the Adjudication Office
2. In case a fine or and/or a monetary award is imposed against the
appealing party, he shall also file a supersedeas bond in the
amount of such fine and/or monetary award, in cash or in surety
bond by a surety company acceptable to the Administration
3. The Appeal Memorandum shall clearly point out the errors of law
and/or fact in the decision appealed from and shall be verified.
Any Appeal that does not comply with these requirements shall not be
acted upon and the Administration shall issue an Order for the execution
of the decision for which the appeal is sought.
Who has the appellate jurisdiction over the appeal or petition for
review filed by the party?
The Secretary shall have the exclusive jurisdiction to act on appeals/
petitions for review of decisions by the Administration.
What is the period within which a party should file his/her appeal?
Appeals/Petitions for Review shall be filed with the Administration within
fifteen (15) days from receipt of the decision by the appealing or
petitioning party.
Is there still a need for the issuance of a temporary restraining order
(TRO) pending an appeal?
The authority of the Secretary to issue a TRO is removed. The
submission of all the requirements of an appeal and the 60-day period to
resolve the appeal have the effect of staying the execution of the Order.
In what instances will the order not be stayed?
The decision of the Administration shall be stayed during the pendency of
the Appeal except in the following instances:
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1. If the penalty imposed carries the maximum penalty of twelve
months suspension or cancellation of the license; and
2. If the penalty imposed is suspension for one month or less, the
decision shall be immediately executory and may only be appealed
on ground of abuse of discretion.
When is the writ of execution issued?
After the Order has become final and executory, the Administration, upon
motion, or on its own initiative, shall issue a writ of execution requiring
the Enforcement Officer to enforce a monetary award and/or fine
imposed in the decision.
In what order will the assets of the losing party be garnished?
Garnishment of the assets of the losing party shall be done in the
following order:
1. escrow deposit
2. surety bond
3. personal property
4. real property
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1. TABLE OF OFFENSES AND PENALTIES OF RECRUITMENT VIOLATIONS
Serious
a.Deploying under-age
workers
b.Engaging in acts of
misrepresentation for the
purpose of securing a license
or renewal thereof, such as
giving false information or
documents
c.Engaging in the
recruitment or placement of
workers in jobs harmful to
public health or morality or to
the dignity of the Republic of
the Philippines
d.Transfer or change of
ownership of a single
proprietorship licensed to
engage in overseas
employment
e.Charging or collecting
placement fee for
deployment to “noplacement
fee” country
f. Overcharging of placement
fee
CLASSIFICATION 1st OFFENSE 2nd OFFENSE 3rd OFFENSE 4th OFFENSE
Cancellation
of license
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Less Serious
a. 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
b.Collecting any fee from a
worker without issuing the
appropriate receipt clearly
showing the amount paid and
the purpose for which payment
was made
c. 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
d.Obstructing or attempting to
obstruct inspection by the
Secretary, the Administrator or
their duly authorized
Representatives
e.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
CLASSIFICATION 1st OFFENSE 2nd OFFENSE 3rd OFFENSE 4th OFFENSE
2 to 6
months
suspension
6 months &
1 day to
1 year
suspension
Cancellation
of license
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f. Withholding or denying travel
or other pertinent documents
from workers for financial
considerations other than those
authorized under existing laws
and regulations
g.Engaging in recruitment
activities in places other than
that specified in the license
without previous authorization
from the Administration
h.Appointing or designating
agents, representatives or
employees without prior
approval from the
Administration
i. Falsifying or altering travel
documents of applicant worker
in relation to overseas
recruitment activities
j. Deploying workers whose
employment and travel
documents were not processed
by the Administration or those
agencies authorized by it
k .Deploying workers to
principals not accredited by the
Administration
l. Withholding of workers’
salaries or remittances without
justifiable reasons or
shortchanging of remittances;
CLASSIFICATION 1st OFFENSE 2nd OFFENSE 3rd OFFENSE 4th OFFENSE
43
m. 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
n.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
o.Failure to comply with the
undertaking to provide Pre-
Departure Orientation
Seminar to workers
p.Non-compliance with any
other undertaking in
connection with the issuance
or renewal of the license.
CLASSIFICATION 1st OFFENSE 2nd OFFENSE 3rd OFFENSE 4t h OFFENSE
44
Light
a. Failure to deploy a worker
within the prescribed period
without valid reason
b. 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
c. Inducing or attempting to
induce an already employed
worker to transfer from or leave
his employment for another
employment unless the transfer
is designed to liberate a
worker from oppressive terms
and conditions or employment
d. Influencing or attempting to
influence any person or entity
not to employ any worker who
has not applied for employment
through his agency
e. Coercing worker to accept
prejudicial arrangements in
exchange for certain benefits
that rightfully belong to the
workers;
f. Disregard of orders, notices
and other legal processes
issued by the Administration
g. Failure to submit reports
related to overseas recruitment
and employment within
the specified time as may be
required by the Secretary or the
Administration
CLASSIFICATION 1st OFFENSE 2nd OFFENSE 3rd OFFENSE 4th OFFENSE
Reprimand 1 to 3
months
suspension
3 months
& 1 day to
6 months
suspension
Cancellation
of license
45
CLASSIFICATION 1st OFFENSE 2nd OFFENSE 3rd OFFENSE
Serious
1. Commission of a felony or
crime punishable by Philippine
laws or of the host country.
2. Unjust refusal to depart for
the workers after all employment
and travel documents
have been duly approved by
the appropriate government
agency/ies.
Six months
and one day
to one (1)
year suspension
from
participation
in the overseas
employment
program
Permanent
disqualification
from
participation
in the
overseas
employment
program
Less Serious
1. Submission/furnishing or
using false information or
documents for purposes of job
application or employment
2 Unjustified breach of
employment contract
3. Embezzlement of company
funds or monies and/or
properties of a fellow worker
entrusted for delivery to kin or
relatives in the Philippines
4. Violation/s of the sacred
practices of the host country
Two months
to six months
suspension
from participation
in the
overseas
employment
program
Six months
and one day
to one (1)
year suspension
from
participation
in the overseas
employment
program
Permanent
disqualification
from
participation
in the
overseas
employment
program
46
a. Default on its contractual obligations
to the migrant worker and/or to its
Philippine agent
b. Gross violation of laws, rules and
regulations on overseas employment
c. Gross negligence leading to serious
injury or illness or death of the worker
d. Grave misconduct
e. Conviction of an offense involving
moral turpitude
f. Any other cases analogous to the
foregoing
OFFENSE 1st OFFENSE 2nd OFFENSE
3. TABLE OF OFFENSES AND PENALTIES FOR FOREIGN EMPLOYERS
Suspension Disqualification
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF LABOR AND EMPLOYMENT
PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION
ORTIGAS AVE, CORNER EDSA,
MANDALUYONG CITY, PHILIPPINES
Hotlines: 7221144, 7221155
Website: poea.gov.ph
E-mail: info@poea.gov.ph
Regional Offices
LUZON
LA UNION
POEA Regional Center for Luzon
3rd Floor, Tabora Building
P. Burgos St., San Fernando City
Telefax: (072) 242-5608/4335
E-mail: poeareu1@sflu.com
BAGUIO CITY
Regional Extension Unit – CAR
Benitez Court Compound,
Magsaysay Ave., Baguio City
Telefax No. (074) 442-9478/445-4209
E-mail :
SAN FERNANDO, PAMPANGA
Satellite Office
DOLE Regional Office No. III
4th Floor, Titas Bldg. Gapan-Olongapo Rd.
Dolores San Fernando, Pampanga
Tel. No. (045) 961-3910/961-1305
Fax No. (045) 961-2195
LEGASPI CITY
Satellite Office
OWWA U5, Ground Floor
ANST Building, Washington Drive
Legaspi City
Telefax No. (052) 481-4935
E-mail: poea-leg@globalink.net.ph
VISAYAS
CEBU CITY
Regional Center for Visayas
3rd Floor, Gemini Building
719 M. J. Cuenco Ave., Cebu City
Tel. Nos. (032) 416-7049/416-7056
Fax No. (032) 416-7051
E-mail : poearcv7@yahoo.com
ILOILO CITY
Regional Ext. Unit-Region VI
2nd Floor, S. C. Divinagracia Bldg.
Quezon Street, Iloilo City
Telefax No. (033) 335-1058. 336-8611
BACOLOD CITY
Satellite Office
3rd floor, Maybank Building
San Juan St., Bacolod City
Tel. No. (034) 434-7391
TACLOBAN CITY
POEA Satellite Office
DOLE Compound, Trece Martirez
Tacloban City
Telefax No. (053) 321-7134
MINDANAO
DAVAO CITY
POEA Regional Center for Mindanao
Door 1 & 2, Seo Leng Wong Bldg.
Jacinto-Artiaga St., Davao City
Telefax No. (082) 221-2063
Tel. No. (082) 222-3643/227-9387
E-mail : poea_mrc@mozcom.com
CAGAYAN DE ORO CITY
POEA Regional Ext. Unit-Region X
3rd Flr., Marcoso Bldg.
Corrales-Hayes Sts.
9000 Cagayan de Oro City
Telefax No. (08822) 724-824
E-mail : poeaten@cdo.weblinq.com
ZAMBOANGA CITY
POEA Regional Ext. Unit-Region IX
2nd Floor, Jose Co. Bldg.
8 Veterans Ave., Zamboanga City
Telefax No. (062) 992-0946/992-4042

Labor Code Provisions on Overseas Employment

2007-01-30T19:57:00.000-08:00

Labor Code Provisions on Overseas Employment

THE LABOR CODE OF THE PHILIPPINES PRESIDENTIAL DECREE NO. 442, AS AMENDED.
A DECREE INSTITUTING A LABOR CODE THEREBY REVISING AND CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE.

BOOK ONE

PRE-EMPLOYMENT

ART. 12. Statement of objectives. - It is the policy of the State:

a) To promote and maintain a state of full employment through improved manpower training, allocation and utilization;

b) To protect every citizen desiring to work locally or overseas by securing for him the best possible terms and conditions of employment;

c) To facilitate a free choice of available employment by persons seeking work in conformity with the national interest;

d) To facilitate and regulate the movement of workers in conformity with the national interest;

e) To regulate the employment of aliens, including the establishment of a registration and/or work permit system;
f) To strengthen the network of public employment offices and rationalize the participation of the private sector in the recruitment and placement of workers, locally and overseas, to serve national development objectives;

g) To insure careful selection of Filipino workers for overseas employment in order to protect the good name of the Philippines abroad.

Title I
RECRUITMENT AND PLACEMENT OF WORKERS

Chapter I

GENERAL PROVISIONS
ART. 13. Definitions. -

(a) "Worker" means any member of the labor force, whether employed or unemployed.

(b) "Recruitment and placement" refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not: Provided, That any person or entity which, in any manner, offers or promises for a fee, employment to two or more persons shall be deemed engaged in recruitment and placement.

(c) "Private fee-charging employment agency" means any person or entity engaged in recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or both.

(d) "License" means a document issued by the Department of Labor authorizing a person or entity to operate a private employment agency.

(e) "Private recruitment entity" means any person or association engaged in the recruitment and placement of workers, locally or overseas, without charging, directly or indirectly, any fee from the workers or employers.

(f) "Authority" means a document issued by the Department of Labor authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity.

(g) "Seaman" means any person employed in a vessel engaged in maritime navigation.

(h) "Overseas employment" means employment of a worker outside the Philippines.

(i) "Emigrant" means any person, worker or otherwise, who emigrates to a foreign country by virtue of an immigrant visa or resident permit or its equivalent in the country of destination.
ART. 14. Employment promotion. - The Secretary of Labor shall have the power and authority:

(a) To organize and establish new employment offices in addition to the existing employment offices under the Department of Labor as the need arises;

(b) To organize and establish a nationwide job clearance and information system to inform applicants registering with a particular employment office of job opportunities in other parts of the country as well as job opportunities abroad;

(c) To develop and organize a program that will facilitate occupational, industrial and geographical mobility of labor and provide assistance in the relocation of workers from one area to another; and

(d) To require any person, establishment, organization or institution to submit such employment information as may be prescribed by the Secretary of Labor.

ART. 15. Bureau of Employment Services. -

(a) The Bureau of Employment Services shall be primarily responsible for developing and monitoring a comprehensive employment program. It shall have the power and duty:

1. To formulate and develop plans and programs to implement the employment promotion objectives of this Title;

2. To establish and maintain a registration and/or licensing system to regulate private sector participation in the recruitment and placement of workers, locally and overseas, and to secure the best possible terms and conditions of employment for Filipino contract workers and compliance therewith under such rules and regulations as may be issued by the Minister of Labor;

3. To formulate and develop employment programs designed to benefit disadvantaged groups and communities;

4. To establish and maintain a registration and/or work permit system to regulate the employment of aliens;

5. To develop a labor market information system in aid of proper manpower and development planning;

6. To develop a responsive vocational guidance and testing system in aid of proper human resources allocation; and

7. To maintain a central registry of skills, except seamen.

(b) The regional offices of the Ministry of Labor shall have the original and exclusive jurisdiction over all matters or cases involving employer-employee relations including money claims, arising out of or by virtue of any law or contracts involving Filipino workers for overseas employment except seamen: Provided, That the Bureau of Employment Services may, in the case of the National Capital Region, exercise such power, whenever the Minister of Labor deems it appropriate. The decisions of the regional offices of the Bureau of Employment Services, if so authorized by the Minister of Labor as provided in this Article, shall be appealable to the National Labor Relations Commission upon the same grounds provided in Article 223 hereof. The decisions of the National Labor Relations Commission shall be final and inappealable. (Superseded by Exec. Order 797, May 1, 1982).

(c) The Minister of Labor shall have the power to impose and collect fees based on rates recommended by the Bureau of Employment Services. Such fees shall be deposited in the National Treasury as a special account of the General Fund, for the promotion of the objectives of the Bureau of Employment Services, subject to the provisions of Section 40 of Presidential Decree No. 1177.

ART. 16. Private recruitment. - Except as provided in Chapter II of this Title, no person or entity other than the public employment offices, shall engage in the recruitment and placement of workers.

ART. 17. Overseas Employment Development Board. - An Overseas Employment Development Board is hereby created to undertake, in cooperation with relevant entities and agencies, a systematic program for overseas employment of Filipino workers in excess of domestic needs and to protect their rights to fair and equitable employment practices. It shall have the power and duty:

1. To promote the overseas employment of Filipino workers through a comprehensive market promotion and development program;

2. To secure the best possible terms and conditions of employment of Filipino contract workers on a government-to-government basis and to ensure compliance therewith;

3. To recruit and place workers for overseas employment on a government-to-government arrangement and in such other sectors as policy may dictate; and

4. To act as secretariat for the Board of Trustees of the Welfare and Training Fund for Overseas Workers.

ART. 18. Ban on direct-hiring. - No employer may hire a Filipino worker for overseas employment except through the Boards and entities authorized by the Secretary of Labor. Direct-hiring by members of the diplomatic corps, international organizations and such other employers as may be allowed by the Secretary of Labor is exempted from this provision.

ART. 19. Office of Emigrant Affairs. - (a) Pursuant to the national policy to maintain close ties with Filipino migrant communities and promote their welfare as well as establish a data bank in aid of national manpower policy formulation, an Office of Emigrant Affairs is hereby created in the Department of Labor. The Office shall be a unit at the Office of the Secretary and shall initially be manned and operated by such personnel and through such funding as are available within the Department and its attached agencies. Thereafter, its appropriation shall be made part of the regular General Appropriations Decree.

(b) The office shall, among others, promote the well-being of emigrants and maintain their close link to the homeland by:

1) serving as a liaison with migrant communities;

2) provision of welfare and cultural services;

3) promote and facilitate re-integration of migrants into the national mainstream;

4) promote economic; political and cultural ties with the communities; and

5) generally to undertake such activities as may be appropriate to enhance such cooperative links.

ART. 20. National Seamen Board. - (a) A National Seamen Board is hereby created which shall develop and maintain a comprehensive program for Filipino seamen employed overseas. It shall have the power and duty:
1. To provide free placement services for seamen;

2. To regulate and supervise the activities of agents or representatives of shipping companies in the hiring of seamen for overseas employment and secure the best possible terms of employment for contract seamen workers and secure compliance therewith;

3. To maintain a complete registry of all Filipino seamen.
(b) The Board shall have original and exclusive jurisdiction over all matters or cases including money claims, involving employer-employee relations, arising out of or by virtue of any law or contracts involving Filipino seamen for overseas employment. The decisions of the Board shall be appealable to the National Labor Relations Commission upon the same grounds provided in Article 223 hereof. The decisions of the National Labor Relations Commission shall be final and inappealable.

ART. 21. Foreign service role and participation. - To provide ample protection to Filipino workers abroad, the labor attaches, the labor reporting officers duly designated by the Secretary of Labor and the Philippine diplomatic or consular officials concerned shall, even without prior instruction or advice from the home office, exercise the power and duty:

(a) To provide all Filipino workers within their jurisdiction assistance on all matters arising out of employment;

(b) To insure that Filipino workers are not exploited or discriminated against;

(c) To verify and certify as requisite to authentication that the terms and conditions of employment in contracts involving Filipino workers are in accordance with the Labor Code and rules and regulations of the Overseas Employment Development Board and National Seamen Board;

(d) To make continuing studies or researches and recommendations on the various aspects of the employment market within their jurisdiction;

(e) To gather and analyze information on the employment situation and its probable trends, and to make such information available; and

(f) To perform such other duties as may be required of them from time to time.

ART. 22. Mandatory remittance of foreign exchange earnings. - It shall be mandatory for all Filipino workers abroad to remit a portion of their foreign exchange earnings to their families, dependents, and/or beneficiaries in the country in accordance with rules and regulations prescribed by the Secretary of Labor.

ART. 23. Composition of the Boards. -

(a) The OEDB shall be composed of the Secretary of Labor and Employment as Chairman, the Undersecretary of Labor as Vice-Chairman, and a representative each of the Department of Foreign Affairs, the Department of National Defense, the Central Bank, the Department of Education, Culture and Sports, the National Manpower and Youth Council, the Bureau of Employment Services, a workers’ organization and an employers’ organization and the Executive Director of the OEDB as members.

(b) The National Seamen Board shall be composed of the Secretary of Labor and Employment as Chairman, the Undersecretary of Labor as Vice-Chairman, the Commandant of the Philippine Coast Guard, and a representative each of the Department of Foreign Affairs, the Department of Education, Culture and Sports, the Central Bank, the Maritime Industry Authority, the Bureau of Employment Services, a national shipping association and the Executive Director of the NSB as members.
The members of the Boards shall receive allowances to be determined by the Board which shall not be more than P2,000.00 per month.

(c) The Boards shall be attached to the Department of Labor for policy and program coordination. They shall each be assisted by a Secretariat headed by an Executive Director who shall be a Filipino citizen with sufficient experience in manpower administration, including overseas employment activities. The Executive Director shall be appointed by the President of the Philippines upon the recommendation of the Secretary of Labor and shall receive an annual salary as fixed by law. The Secretary of Labor shall appoint the other members of the Secretariat.

(d) The Auditor General shall appoint his representative to the Boards to audit their respective accounts in accordance with auditing laws and pertinent rules and regulations.

ART. 24. Boards to issue rules and collect fees. - The Boards shall issue appropriate rules and regulations to carry out their functions. They shall have the power to impose and collect fees from employers concerned, which shall be deposited in the respective accounts of said Boards and be used by them exclusively to promote their objectives.

Chapter II

REGULATION OF RECRUITMENT AND PLACEMENT ACTIVITIES

ART. 25. Private sector participation in the recruitment and placement of workers. - Pursuant to national development objectives and in order to harness and maximize the use of private sector resources and initiative in the development and implementation of a comprehensive employment program, the private employment sector shall participate in the recruitment and placement of workers, locally and overseas, under such guidelines, rules and regulations as may be issued by the Secretary of Labor.

ART. 26. Travel agencies prohibited to recruit. - Travel agencies and sales agencies of airline companies are prohibited from engaging in the business of recruitment and placement of workers for overseas employment whether for profit or not.

ART. 27. Citizenship requirement. - Only Filipino citizens or corporations, partnerships or entities at least seventy-five percent (75%) of the authorized and voting capital stock of which is owned and controlled by Filipino citizens shall be permitted to participate in the recruitment and placement of workers, locally or overseas.

ART. 28. Capitalization. - All applicants for authority to hire or renewal of license to recruit are required to have such substantial capitalization as determined by the Secretary of Labor.

ART. 29. Non-transferability of license or authority. - No license or authority shall be used directly or indirectly by any person other than the one in whose favor it was issued or at any place other than that stated in the license or authority be transferred, conveyed or assigned to any other person or entity. Any transfer of business address, appointment or designation of any agent or representative including the establishment of additional offices anywhere shall be subject to the prior approval of the Department of Labor.

ART. 30. Registration fees. - The Secretary of Labor shall promulgate a schedule of fees for the registration of all applicants for license or authority.

ART. 31. Bonds. - All applicants for license or authority shall post such cash and surety bonds as determined by the Secretary of Labor to guarantee compliance with prescribed recruitment procedures, rules and regulations, and terms and conditions of employment as may be appropriate.

ART. 32. Fees to be paid by workers. - Any person applying with a private fee-charging employment agency for employment assistance shall not be charged any fee until he has obtained employment through its efforts or has actually commenced employment. Such fee shall be always covered with the appropriate receipt clearly showing the amount paid. The Secretary of Labor shall promulgate a schedule of allowable fees.

ART. 33. Reports on employment status. - Whenever the public interest requires, the Secretary of Labor may direct all persons or entities within the coverage of this Title to submit a report on the status of employment, including job vacancies, details of job requisitions, separation from jobs, wages, other terms and conditions and other employment data.

ART. 34. Prohibited practices. - It shall be unlawful for any individual, entity, licensee, or holder of authority:

(a) To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount greater than that actually received by him as a loan or advance;

(b) To furnish or publish any false notice or information or document in relation to recruitment or employment;

(c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under this Code.

(d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him to another unless the transfer is designed to liberate the worker from oppressive terms and conditions of employment;

(e) To influence or to attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency;

(f) To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines;

(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his duly authorized representatives;

(h) To fail to file reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters or information as may be required by the Secretary of Labor.

(i) To substitute or alter employment contracts approved and verified by the Department of Labor from the time of actual signing thereof by the parties up to and including the periods of expiration of the same without the approval of the Secretary of Labor;

(j) To become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a travel agency; and

(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under this Code and its implementing rules and regulations.

ART. 35. Suspension and/or cancellation of license or authority. - The Minister of Labor shall have the power to suspend or cancel any license or authority to recruit employees for overseas employment for violation of rules and regulations issued by the Ministry of Labor, the Overseas Employment Development Board, or for violation of the provisions of this and other applicable laws, General Orders and Letters of Instructions.

Chapter III

MISCELLANEOUS PROVISIONS

ART. 36. Regulatory power. - The Secretary of Labor shall have the power to restrict and regulate the recruitment and placement activities of all agencies within the coverage of this Title and is hereby authorized to issue orders and promulgate rules and regulations to carry out the objectives and implement the provisions of this Title.

ART. 37. Visitorial Power. - The Secretary of Labor or his duly authorized representatives may, at any time, inspect the premises, books of accounts and records of any person or entity covered by this Title, require it to submit reports regularly on prescribed forms, and act on violation of any provisions of this Title.

ART. 38. Illegal recruitment. -

(a) Any recruitment activities, including the prohibited practices enumerated under Article 34 of this Code, to be undertaken by non-licensees or non-holders of authority, shall be deemed illegal and punishable under Article 39 of this Code. The Department of Labor and Employment or any law enforcement officer may initiate complaints under this Article.

(b) Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage and shall be penalized in accordance with Article 39 hereof.
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the first paragraph hereof. Illegal recruitment is deemed committed in large scale if committed against three (3) or more persons individually or as a group.

(c) The Secretary of Labor and Employment or his duly authorized representatives shall have the power to cause the arrest and detention of such non-licensee or non-holder of authority if after investigation it is determined that his activities constitute a danger to national security and public order or will lead to further exploitation of job-seekers. The Secretary shall order the search of the office or premises and seizure of documents, paraphernalia, properties and other implements used in illegal recruitment activities and the closure of companies, establishments and entities found to be engaged in the recruitment of workers for overseas employment, without having been licensed or authorized to do so.

ART. 39. Penalties. -

(a) The penalty of life imprisonment and a fine of One Hundred Thousand Pesos (P1000,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein;

(b) Any licensee or holder of authority found violating or causing another to violate any provision of this Title or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than two years nor more than five years or a fine of not less than P10,000 nor more than P50,000, or both such imprisonment and fine, at the discretion of the court;

(c) Any person who is neither a licensee nor a holder of authority under this Title found violating any provision thereof or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than four years nor more than eight years or a fine of not less than P20,000 nor more than P100,000 or both such imprisonment and fine, at the discretion of the court;

(d) If the offender is a corporation, partnership, association or entity, the penalty shall be imposed upon the officer or officers of the corporation, partnership, association or entity responsible for violation; and if such officer is an alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings;

(e) In every case, conviction shall cause and carry the automatic revocation of the license or authority and all the permits and privileges granted to such person or entity under this Title, and the forfeiture of the cash and surety bonds in favor of the Overseas Employment Development Board or the National Seamen Board, as the case may be, both of which are authorized to use the same exclusively to promote their objectives.

Licensing of Recruitment Agencies [How To Licence Your Recruitment Agency]

2007-01-30T19:38:00.000-08:00

Licensing of Recruitment Agencies

(PROVISIONS OF THE 2002 RULES AND REGULATIONS ON THE RECRUITMENT AND EMPLOYMENT OF LAND-BASED WORKERS)

PART II LICENSING AND REGULATION
RULE IPARTICIPATION OF THE PRIVATE SECTOR IN THE OVERSEAS EMPLOYMENT PROGRAM

Section 1. Qualifications. Only those who possess the following qualifications may be permitted to engage in the business of recruitment and placement of Filipino workers:

a. Filipino citizens, partnerships or corporations at least seventy five percent (75%) of the authorized capital stock of which is owned and controlled by Filipino citizens;

b. A minimum capitalization of Two Million Pesos (P2,000,000.00) in case of a single proprietorship or partnership and a minimum paid-up capital of Two Million Pesos (P2,000,000.00) in case of a corporation; Provided that those with existing licenses shall, within four years from effectivity hereof, increase their capitalization or paid up capital, as the case may be, to Two Million Pesos (P2,000,000.00) at the rate of Two Hundred Fifty Thousand Pesos (P250,000.00) every year.

c. Those not otherwise disqualified by law or other government regulations to engage in the recruitment and placement of workers for overseas employment.

Section 2. Disqualification. The following are not qualified to engage in the business of recruitment and placement of Filipino workers overseas:

a. Travel agencies and sales agencies of airline companies;

b. Officers or members of the Board of any corporation or members in a partnership engaged in the business of a travel agency;

c. Corporations and partnerships, when any of its officers, members of the board or partners, is also an officer, member of the board or partner of a corporation or partnership engaged in the business of a travel agency;

d. Persons, partnerships or corporations which have derogatory records, such as but not limited to the following:

1) Those certified to have derogatory record or information by the National Bureau of Investigation or by the Anti-Illegal Recruitment Branch of the POEA;

2) Those against whom probable cause or prima facie finding of guilt for illegal recruitment or other related cases exists;

3) Those convicted for illegal recruitment or other related cases and/or crimes involving moral turpitude; and

4) Those agencies whose licenses have been previously revoked or cancelled by the Administration for violation of RA 8042, PD 442 as amended and their implementing rules and regulations as well as these rules and regulations.

All applicants for issuance/renewal of license shall be required to submit clearances from the National Bureau of Investigation and Anti-illegal Recruitment Branch, POEA, including clearances for their respective officers and employees.

e. Any official or employee of the DOLE, POEA, OWWA, DFA and other government agencies directly involved in the implementation of R.A. 8042, otherwise known as Migrant Workers and Overseas Filipino Act of 1995 and/or any of his/her relatives within the fourth civil degree of consanguinity or affinity; and

f. Persons or partners, officers and Directors of corporations whose licenses have been previously cancelled or revoked for violation of recruitment laws.

RULE II ISSUANCE OF LICENSE
Section 1. Requirements for Licensing. Every applicant for license to operate a private employment agency shall submit a written application together with the following requirements:

a. A certified copy of the Articles of Incorporation or of Partnership duly registered with the Securities and Exchange Commission (SEC), in the case of corporation or partnership or Certificate of Registration of the firm or business name with the Department of Trade and Industry (DTI), in the case of a single proprietorship;
b. Proof of financial capacity: In the case of a single proprietorship or partnership, verified income tax returns of the proprietors or partners for the past two (2) years and a savings account certificate showing a maintaining balance of not less than P500,000.00, provided that the applicant should submit an authority to examine such bank deposit.

c. In the case of a newly organized corporation, savings account certificate showing a maintaining balance of not less than P500,000.00 with authority to examine the same. For an existing corporation, submission of a verified financial statement, corporate tax returns for the past two (2) years and savings account certificate showing a maintaining balance of not less than P500,000.00 with the corresponding authority to examine such deposit.

d. Proof of marketing capability

1. A duly executed Special Power of Attorney and/or a duly concluded. Recruitment/ Service Agreement;

2. Manpower request(s) or visa certification from new employer(s)/ principal(s) for not less than one hundred (100) workers; and

3. Certification from Pre-Employment Services Office of POEA on the existence of new market.

e. Clearance of all members of the Board of Directors, partner, or proprietor of the applicant agency from the National Bureau of Investigation (NBI) and other government agencies as may be required; appropriate clearance in case of persons with criminal cases; provided that where the member or partner concerned is a foreigner, clearance from his country of origin shall be required.

f. A verified undertaking stating that the applicant:

1. Shall select only medically and technically qualified recruits;

2. Shall assume full and complete responsibility for all claims and liabilities which may arise in connection with the use of the license;

3. Shall assume joint and solidary liability with the employer for all claims and liabilities which may arise in connection with the implementation of the contract, including but not limited to payment of wages, death and disability compensation and repatriations;

4. Shall guarantee compliance with the existing labor and social legislations of the Philippines and of the country of employment of the recruited workers;

5. Shall assume full and complete responsibility for all acts of its officials, employees and representatives done in connection with recruitment and placement;

6. Shall negotiate for the best terms and conditions of employment;

7. Shall disclose the full terms and conditions of employment to the applicant workers;

8. Shall deploy at least 100 workers to its new markets within one (1) year from the issuance of its license;

9. Shall provide orientation on recruitment procedures, terms and conditions and other relevant information to its workers and provide facilities therefor; and

10. Shall repatriate the deployed workers and his personal belongings when the need arises.
For the purpose of compliance with item (1), the agency may require the worker to undergo trade testing and medical examination only after the worker has been pre-qualified for employment.

g. In case of corporation or partnership, verified undertaking by its officers, directors, partners that they will be jointly and severally liable with the company over claims arising from employer-employee relationship.

h. Individual income tax return of the proprietor, partners, stockholders/incorporators, as the case may be, for the past two (2) years.

i. Proof of possession by the sole proprietor, partner or chief executive officer, as the case may be, of a bachelor’s degree and three years business experience.

j. List of all officials and personnel involved in the recruitment and placement, together with their appointment, bio-data and two (2) copies of their passport-size pictures as well as their clearances from the National Bureau of Investigation and the Anti-illegal Recruitment Branch of the Administration.

k. Copy of contract of lease or proof of building ownership, indicating the office address, providing for an office space of at least one hundred (100) square meters.

l. Proof of publication of notice of the application with the names of the proprietor, partners, incorporators and officers.

m. Certificate of attendance of owner and/or chief executive officer in a pre-application seminar conducted by the Administration.

Only applications with complete supporting documents shall be processed.

Section 2. Payment of filing fee. Upon receipt of an application with complete requirements, the Administration shall require payment of a non-refundable filing fee of P10,000.00 and submission of proof of payment thereof.

Section 3. Action upon the application. Within fifteen (15) calendar days from receipt of an application with complete requirements including proof of payment of the filing fee of P10,000.00, the Administration shall evaluate the pertinent documents, inspect the offices and equipment and determine whether or not to grant or deny the application. Denial of an application will result in the forfeiture of the filing fee.

Section 4. Payment of Fees and Posting of Bonds. Upon approval of the application, the applicant shall pay a license fee of P50,000.00. It shall submit an Escrow Agreement in the amount of P1,000,000.00, confirmation of escrow deposit with an accredited reputable bank and a surety bond of P100,000.00 from a bonding company acceptable to the Administration and accredited with the Insurance Commission.
Agencies with existing licenses shall, within four years from effectivity hereof, increase their Escrow Deposit to One Million Pesos .

The bonds and escrow shall answer for all valid and legal claims arising from violations of the conditions for the grant and use of the license, and/or accreditation and contracts of employment. The bonds and escrow shall likewise guarantee compliance with the provisions of the Code and its implementing rules and regulations relating to recruitment and placement, the Rules of the Administration and relevant issuances of the Department and all liabilities which the Administration may impose. The surety bonds shall include the condition “that notice to the principal is notice to the surety and that any judgment against the principal in connection with matters falling under POEA’s/NLRC’s jurisdiction shall be binding and conclusive on the surety. The surety bonds shall cover the validity period of the license.

Section 5. Provisional License. Applicants for new license shall be issued a provisional license which shall be valid for a limited period of one (1) year within which the applicant should be able to comply with its undertaking to deploy 100 workers to its new principal. The license of a complying agency shall be upgraded to a full license entitling them to another three years of operation. Non-complying agencies will be notified of the expiration of their license.

Section 6. Validity of the License. Except in case of a provisional license, every license shall be valid for four (4) years from the date of issuance unless sooner cancelled, revoked or suspended for violation of applicable Philippine law, these rules and other pertinent issuances. Such license shall be valid only at the place/s stated therein and when used by the licensed person, partnership or corporation.

Section 7. Non-Transferability of License. No license shall be transferred, conveyed or assigned to any person, partnership or corporation. It shall not be used directly or indirectly by any person, partnership or corporation other than the one in whose favor it was issued.
In case of death of the sole proprietor and to prevent disruption of operation to the prejudice of the interest of legitimate heirs, the license may be extended upon request of the heirs, to continue only for the purpose of winding up business operations.

Section 8. Change of Ownership/Relationship of Single Proprietorship or Partnership. Transfer or change of ownership of a single proprietorship licensed to engage in overseas employment shall cause the automatic revocation of the license.
A change in the relationship of the partners in a partnership duly licensed to engage in overseas employment which materially interrupts the course of the business or results in the actual dissolution of the partnership shall likewise cause the automatic revocation of the license.

Section 9. Upgrading of Single Proprietorship or Partnerships. License holders which are single proprietorships or partnerships may, subject to the guidelines of the Administration, convert into corporation for purposes of upgrading or raising their capabilities to respond adequately to developments/changes in the international labor market and to enable them to better comply with their responsibilities arising from the recruitment and deployment of workers overseas.
The approval of merger, consolidation or upgrading shall automatically revoke or cancel the licenses of the single proprietorships, partnerships or corporations so merged, consolidated or upgraded.

Section 10. Derogatory Record After Issuance/Renewal of License. The license of a single proprietorship or a partnership shall be suspended until cleared by the Administration should any derogatory record be found to exist against the single proprietorship or any or all of the partners, as the case may be. The appointment of any officer or employee of any licensed agency may be cancelled or revoked at any time with due notice to the agency concerned, whenever said officer or employee is found to have any derogatory record, as herein contemplated.

Section 11. Appointment/Change of Officers and Personnel. Every appointment of agents or representatives of a licensed agency shall be subject to prior approval or authority of the Administration. The acknowledgment or approval may be issued upon submission of or compliance with the following:
a. proposed appointment or special power of attorney;
b. clearances of the proposed representative or agent from National Bureau of Investigation (NBI)/Anti-Illegal Recruitment Branch, POEA; and
c. sworn or verified statement by the designating or appointing person or company assuming full responsibility for all acts of the agent or representative done in connection with the recruitment and placement of workers.
Every change in the composition of the Board of Directors of a corporation, appointment or termination of officers and personnel shall be registered with the Administration within thirty (30) calendar days from the date of such change. The agency shall be required to submit the minutes of proceedings duly certified by SEC in case of election of new members of the Board of Directors with their bio-data, ID pictures and clearances.
The Administration reserves the right to deny the acknowledgment or appointment of officers, employees and representatives who were directly involved in recruitment irregularities.

Section 12. Publication of Change of Directors/Other Officers and Personnel/ Revocation or Amendment of Appointment of Representatives. In addition to the requirement of registration with and submission to the Administration, every change in the membership of the Board of Directors, termination for cause of other officers and personnel, revocation or amendment of appointment of representatives shall be published at least once in a newspaper of general circulation, in order to bind third parties. Proof of such publication shall be submitted to the Administration.

Section 13. Transfer of Business Address. Any transfer of business address shall be effected only with prior authority or approval of the Administration. The approval shall be issued only upon formal notice of the intention to transfer with the following attachments:
a. In the case of a corporation, a Board Resolution duly registered with the SEC authorizing the transfer of business address; and
b. Copy of the contract of lease or proof of building ownership.
The new office shall be subject to the regular ocular inspection procedures by duly authorized representatives of the Administration.
A notice to the public of the new address shall be published in a newspaper of general circulation.

Section 14. Establishment of additional offices. Additional offices may be established subject to the prior approval of the Administration.

Section 15. Conduct of Recruitment Outside of Registered Office. No licensed agency shall conduct any provincial recruitment, jobs fair or recruitment activities of any form outside of the address stated in the license or approved additional office(s) without first securing prior authority from the Administration.

Section 16. Renewal of License. An agency shall submit an application for the renewal of its license on or before its expiration. Such application shall be supported by the following documents:
a. Surety bond duly renewed or revalidated;
b. Renewed escrow agreement in the amount of P1,000,000.00 with a commercial bank to primarily answer for valid and legal claims of recruited workers as a result of recruitment violations or money claims;
c. Audited financial statements for the past two years with verified corporate or individual tax returns. In case the equity of the agency is below the minimum capitalization requirement, it shall be given thirty (30) days from release of the renewed license to submit proof(s) of capital infusion, such as SEC certification of such infusion or bank certification corresponding to the amount infused and treasurer’s affidavit duly received by the SEC. Otherwise, the license shall be suspended until it has complied with the said requirement;
d. Clearances from the National Bureau of Investigation and the Anti-illegal Recruitment Branch for the Board of Directors and responsible officers; and
e. Other requirements as may be imposed by the Administration.

Section 17. Monitoring Compliance with Conditions of License. The Administration shall monitor the compliance of the agencies with their undertakings in connection with the issuance or renewal of the license. Appropriate sanctions shall be imposed for non-compliance with any of their undertakings.

Section 18. Non-expiration of License. Where the license holder has made timely and sufficient application for renewal, the existing license shall not expire until the application shall have been finally determined by the Administration. For this purpose, an application shall be considered sufficient if the applicant has substantially complied with the requirements for renewal.

Section 19. Action on Renewal of License. Within forty eight (48) hours from receipt of the application for renewal with the complete requirements, the Administration shall undertake evaluation and inspection and determine the grant or denial of the application. Licenses of agencies which fail to meet the requirements set by the Administration shall not be renewed.
Only applications for renewal submitted with complete requirements shall be processed.

Section 20. Late Filing of Renewal. Any agency which failed to file an application for renewal of license may be allowed to renew within thirty (30) days from expiry thereof but shall pay a fine of P10,000.00.

Section 21. Escrow Deposit as Garnished. As soon as an Order or Notice of Garnishment is served upon the Bank, and the same is correspondingly earmarked, the deposit in escrow of an agency shall no longer be considered sufficient. The Administration shall forthwith serve the agency a notice to replenish its escrow deposit.

Section 22. Replenishment of Surety Bonds/Deposit in Escrow. Within fifteen (15) calendar days from date of receipt of notice from the Administration that the bonds/deposit in escrow, or any part thereof had been garnished, the agency shall replenish the same. Failure to replenish such bonds/deposit in escrow within the said period shall cause the suspension of the license.

Section 23. Release of Deposit in Escrow. A licensed agency which voluntarily surrenders its license shall be entitled to the release of the deposit in escrow, only after posting a surety bond of similar amount valid for four (4) years from expiration of license and submission of the necessary clearances from the National Labor Relations Commission (NLRC) and the Administration.

Section 24. Classification, Ranking and Incentives. The Administration shall undertake the classification and ranking of agencies. In recognition of their exemplary performance, the Administration shall issue guidelines for entitlement of agencies to schemes for incentives and rewards such as extension of validity of license, express processing and in-house documentation

RULE III INSPECTION OF AGENCIES

Section 1. Inspection for Purposes of Establishment/Transfer of Office. Before issuance of a license, the Administration shall conduct an inspection of the premises and facilities including the pertinent documents of the applicant. Inspection shall likewise be conducted on the new premises in case of transfer of office.

Section 2. Routine/Regular Inspection. All agencies shall be subject to periodic inspection of offices, studios or pre-departure orientation seminar (PDOS) venues by the Administration to determine compliance with existing rules and regulations.

Section 3. Spot Inspection. Inspection may be conducted by the Administration upon receipt of a complaint or report of violation of existing rules and regulation.

Section 4. Authority to Inspect. An authority to inspect shall be issued by the Administration before any inspection may be conducted.
Such authority, stating the purpose and subject of inspection, shall be presented to the agency before inspection.

Section 5. Scope of Inspection. Depending on the purpose of inspection, the Administrator or his duly authorized representative may inspect the premises and require the presentation of necessary documents, records and books of accounts of the agency and examine the same.

Section 6. Inspection Program and Procedures. The Administration shall conduct inspection in accordance with the Inspection Program and Procedures of the POEA.

Section 7. Violations Found in the Course of Inspection. Violations found in the course of inspection such as non-compliance with the existing laws, rules and regulations, shall be grounds for the imposition of appropriate sanction or for the denial of application for issuance or renewal of license. A copy of the results of inspection shall be endorsed to the appropriate unit for the conduct of necessary proceedings.

RULE VIRECRUITMENT OUTSIDE REGISTERED OFFICE

Section 1. Conduct of Recruitment Outside Registered Office. Except for recruitments conducted under the Public Employment Service Office Act of 1999 (RA 8759), no licensed agency shall conduct recruitment activities of any form outside of the address stated in the license or acknowledged additional office(s) without securing prior approval from the Administration. A special recruitment authority shall be issued upon compliance with the documentary requirements prescribed by the Administration.

Section 2. Venue. Recruitment activities outside the registered office of the agency shall be conducted only at venues authorized by the Administration, and shall be supervised by the Administration, the DOLE, or the appropriate local government unit.

Section 3. Validity of Special Recruitment Authority. The special authority granted to an agency to conduct recruitment activities outside of its registered office based on its manpower requirements shall be valid for a specified period unless otherwise extended, modified or revoked by this Administration or any of its regional offices concerned.

Section 4. Cancellation of Authority. The Administration reserves the right to cancel a special recruitment authority issued to an agency for violation of the conditions set in the authority such as venue, representative, duration and compliance with these rules.

Section 5. Submission of Report. The agency shall submit a terminal report to the Administration within thirty (30) days from termination of the recruitment activity conducted outside its registered office. No subsequent authority shall be issued until the agency has submitted its report.

RULE VIIADVERTISEMENT FOR OVERSEAS JOBS

Section 1. Advertisement for Actual Job Vacancies. Licensed agencies may advertise for actual job vacancies without prior approval from the Administration if covered by manpower requests of registered/accredited foreign principals and projects. The advertisements shall indicate the following information:

a. Name, address and POEA license number of the agency;

b. Work site of prospective principal/project;

c. Skill categories and qualification standards; and

d. Number of available positions

Section 2. Advertisement for Manpower Pooling. Licensed agencies may advertise for manpower pooling without prior approval from the Administration subject to the following conditions:

a. The advertisement should indicate in bold letters that it is for manpower pooling only and that no fees will be collected from the applicants; and

b. The advertisement indicates the name, address and POEA license number of the agency, name and worksite of the prospective registered/accredited principal and the skill categories and qualification standards.

Section 3. Foreign Advertisers for Overseas Job Vacancies. Foreign principals/employers who wish to advertise overseas job vacancies may do so only through a POEA-licensed agency or through the Administration.

RECRUITMENT AND PLACEMENT ACTIVITIES OF IMMIGRATION CONSULTANCY AGENCIES AND OTHER SIMILAR ENTITIES

2007-01-30T19:23:00.000-08:00

POEA
MEMORANDUM CIRCULAR NO. 10
Series of 2003
TO : ALL CONCERNED

RE : RECRUITMENT AND PLACEMENT ACTIVITIES OF IMMIGRATION CONSULTANCY AGENCIES AND OTHER SIMILAR ENTITIES

Pursuant to Sec.23 (b.1) of R.A. 8042, otherwise known as the Migrant Workers and Overseas Filipino Act of 1995, providing that the POEA shall regulate private sector participation in the recruitment and placement of workers through a licensing and registration system, and consistent with the provisions of Section 6 of the same Act defining illegal recruitment as recruitment and placement activities undertaken by a non-license or non-holder of authority and Article 18 of the Labor Code, as amended, prohibiting direct hiring except in those cases allowed by the Secretary of Labor and Employment, the following guidelines are hereby issued for the guidance of all concerned:

I. COVERAGE
This Circular shall cover all immigration consultancy agencies, whether foreign or local based, and other similar entities which do not limit themselves to document facilitation and visa assistance for immigrants, but engage in recruitment and placement activities as defined under Part I, Rule II of the 2002 POEA Rules and Regulations Governing the Recruitment and Employment of Land-based Overseas Workers.

II. LICENSING
Immigration consultancy agencies and similar entities as above referred to, which are based locally, are required to obtain a license in accordance with the guidelines governing the requirements and procedure for issuance of a landbased license as provided in Part II, Rule I, Sections I and 2 and Rule II, Sections 1 to 5 of the 2002 POEA Rules and Regulations, before they may engage in recruitment and placement activities, regardless of the visa under which deployment shall be made eventually.

III. VERIFICATION OF DOCUMENTS REGISTRATION / ACCREDITATION OF EMPLOYERS / PRINCIPALS / PROJECTS, AND PROCESSING OF DOCUMENTS FOR DEPLOYMENT.
Foreign employers / principals / projects of immigration consultancy agencies and other similar entities covered under this circular shall be registered or accredited in accordance with the guidelines governing the requirements and procedures prescribed under Part III, Rules I to III of the 2002 POEA Rules and Regulation.
A special registration facility shall be set up to facilitate the documentation and deployment of EB3 visa holders.

IV. FOREIGN-BASED IMMIGRATION CONSULTANCY AGENCIES AND OTHER SIMILAR ENTITIES.
Foreign-based immigration consultancy agencies and other similar entities are not allowed to engage in recruitment and placement activities, except through licensed agencies to which they may seek accreditation or registration.

V. FEES CHARGEABLE TO WORKERS
A. Worker's Deployed on Worker's Visa/Permit
Entities subject of this circular may charge and collect fees and documentation costs from a hired worker in accordance with Section 3, Rule V, Part II of the 2002 POEA Rules and Regulations.
B. Workers Deployed on Employment Based Immigrant Visa
Entities subject of this circular, in addition to the fees mentioned in the preceding paragraph, may likewise charge fees for other services rendered and other incidental costs/expenses incurred which are allowed and/or imposed under immigration laws of the host country.
Such fees shall be duly covered with official receipts and may be collected only after a worker has been issued the necessary EB3 Visa.

VI. APPLICABLE RULES AND REGULATIONS
The operation/participation of immigration consultancy agencies and other similar entities covered under the circular shall be governed by the 2002 POEA Rules and Regulations, unless otherwise expressly provided under this circular or any other issuance.

VII. SANCTIONS
Immigration consultancy agencies and other similar entities who engage in the recruitment and placement of workers, whether on worker's visa or employment-based immigrant visa, without a license or authority issued by this Administration, shall be subjected to prosecution for illegal recruitment and such other appropriate action as may be necessary pursuant to the pertinent provisions of RA 8042 and its Implementing Rules and Regulation.
All issuances and policies inconsistent herewith are deemed modified or repealed accordingly.
This Circular shall take effect immediately.
For strict compliance.

ROSALINDA DIMAPILIS-BALDOZ
Administrator
March 25, 2003

PRE-DEPARTURE ORIENTATION SEMINAR (PDOS) FOR AGENCY HIRED-WORKERS

2007-01-30T19:20:00.000-08:00

MEMORANDUM CIRCULAR NO. 01
Series of 2003
TO : ALL CONCERNED

SUBJECT : PRE-DEPARTURE ORIENTATION SEMINAR (PDOS) FOR AGENCY HIRED-WORKERS
Pursuant to POEA-OWWA Joint Circular No. 04, Series of 2002, effective immediately, all transactions pertaining to the Pre-Departure Orientation Seminar of agency-hired workers shall be directed to the Overseas Workers Welfare Administration
(OWWA).

Henceforth, all PDOS concerns including the submission of PDOS monthly reports and amendments on PDOS Certificates issued by the PDOS partner providers shall be submitted to the Training Assistance Division, Plans and Programs Office, OWWA.

For information and compliance.

(sgd.) ROSALINDA DIMAPILIS-BALDOZ
Administrator

03 January 2003

New Procedures on the Registration of Seafarers and Issuance of the Permanent Registration Number

2007-01-30T19:18:00.000-08:00

MEMORANDUM CIRCULAR NO. 28
Series of 2003

TO : ALL SHIPPING PRINCIPALS/EMPLOYERS, LICENSEDMANNING AGENCIES/SHIPPING COMPANIES, MARITIME SCHOOLS, SEAFARERS AND OTHER CONCERNED ENTITIES

SUBJECT : New Procedures on the Registration of Seafarers and Issuance of the Permanent Registration Number
In view of the ongoing review/assessment of the existing computerized processing systems to come up with necessary revisions to conform with the new registration procedures and issuance of seafarer's registration card, the implementation of MC 09, Series of 2002 on the aforecited subject is hereby deferred until further notice.
Issuance of seafarer's registration card either in the POEA Manila or thru the POEA regional centers and extension units shall be subject to submission of the following requirements:
A.) NEW REGISTRANTS (Deck, Engine, College & High School)
1) Valid Seaman's Book
2) Transcript of Record, Diploma and Form 137
3) CAV - Certification Authentication & Verification (DECS, TESDA and CHED)
4) Basic Safety Course with PSSR
5) 2x2 picture (one copy)
B.) UPGRADING or CHANGE RATING
1.) Valid Seaman's Book
2.) Old SRC
3.) Service Record - Inter-island experience with SSS Premiums
C.) OFFICERS DECK & ENGINE

1.) Valid Seaman's Book
2.) Old SRC
3.) Board Certificate
4.) COC - PRC
D.) FOR C3 REGISTRANTS
1.) Contract from hiring agency
2.) Valid Seaman's Book
3.) Transcript of Records, Diploma and Form 137
4.) CAV - Certification Authentication & Verification (DECS, TESDA and CHED)
5.) Basic Safety Course with PSSR
6.) Service Record
7.) Undertaking from agency
8.) Approved salary scale
E.) FOR C2 REGISTRANTS
1.) C3 Certification with sea service of not less than 12 months
2.) Seaman's Book
3.) Contract
Original copies of said documentary requirements shall be presented at the registration stage.
Please be guided accordingly.

(sgd.) RAMON T. TIONLOC JR.
Officer-in-Charge

MC-28Seabased/Registration

GUIDELINES ON THE UPGRADING OF SINGLE PROPRIETORSHIP OR PARTNERSHIPS

2007-01-30T19:08:00.000-08:00

MEMORANDUM CIRCULAR NO. 04
Series of 2003

FOR : ALL CONCERNED

SUBJECT : GUIDELINES ON THE UPGRADING OF SINGLE PROPRIETORSHIP OR PARTNERSHIPS

Pursuant to Sec. 9, Rule II, Part II of the New Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Workers, and Sec. 8, Rule II, Book II of the Old POEA Rules and Regulations Governing Overseas Employment, license holders which are single proprietorships or partnerships may convert into a corporation for purposes of upgrading or raising their capabilities to respond adequately to developments/changes in the international labor market and to enable them to better comply with their responsibilities arising from the recruitment and deployment of workers overseas.
An agency may be upgraded from sole proprietorship/partnership into corporation upon submission of the following documents:

1. SEC Registration and Articles of Incorporation of the newly established corporation indicating among others the sole proprietor as the majority stockholder;

2. Minutes of meeting on the election of officers duly received by SEC;

3. Bio-data, pictures and valid NBI and AIRB clearances of all partners/directors. In case of foreigners, clearance from country of origin or copy of their valid passports;

4. Duly notarized affidavit executed by the President supported by a board resolution duly received by SEC to the effect that the corporation shall assume full and complete responsibility for all liabilities and claims which are filed or maybe filed against the agency under the single proprietorship/partnership; and

5. Duly notarized affidavit of undertaking executed by members of the board of directors that they will be jointly and severally liable with the corporation over claims arising out of employer-employee relationship.

The approval of the upgrading shall automatically revoke or cancel the licenses of the single proprietorship or partnership so upgraded.

For the guidance of all concerned.

(sgd.) ROSALINDA DIMAPILIS-BALDOZ
Administrator

JAN 16 2003