It shall be the policy of the Administration to:
c. Afford protection to Filipino workers and their families, promote their interests and safeguard their welfare; and
d. Develop and implement programs for the effective monitoring of returning contract workers promoting their re-training and re-employment of their smooth re-integration into the mainstream of the national economy.
For purposes of these Rules, the following terms are defined as follows:
b. – the Administrator of the POEA.
c. – A private employment or a manning agency as defined herein.
d. – any person named or designated by the overseas contract workers as the recipient of his remittance to the Philippines.
e. – a land-based contract worker who is on a vacation or on an emergency leave and who is returning to the same worksite to resume his employment.
f. – the person/s to whom compensation benefits due under an overseas employment contract are payable by operation of law or those to whom proceeds of a life or accident insurance are likewise payable.
g. – the POEA Regional Center in Cebu and such other regional centers as may hereinafter be established.
h. – the .
i. – the negotiated contract between a legitimate labor organization and the employer concerning wages, hours of work and all other terms and conditions of employment in a bargaining unit, including mandatory provisions for grievance and arbitration machineries.
j. – any person working or who has worked overseas under a valid employment contact.
k. – the Department of Labor and Employment (DOLE).
l. – the executive body of the Administration composed of its Administrator, Deputy Administrators and Directors as defined herein.
m. – the Director of the Licensing and Regulation Office.
n. – the Director of the Pre-Employment Services Office.
o. – the Director of the Adjudication Office.
p. – the Director of the Welfare and Employment Office.
q. – any person, partnership or corporation, whether local or foreign, directly engaging the services of Filipino workers overseas.
r. – the earnings in terms of US dollars (US$) or any other acceptable foreign currency of overseas workers and agencies.
s. – the policy-making body of the Administration.
t. – recruitment and placement of Filipino workers by foreign government ministries or instrumentalities through the Administration.
u. – an activity conducted outside of an agency’s authorized business address whereby applicants are oriented on employment opportunities and benefits provided by foreign principals and employers.
v. – a document issued by the Secretary authorizing a person, partnership or corporation to operate a private employment agency or a manning agency.
w. – any person, partnership or corporation duly licensed by the Secretary to recruit seafarers for vessel plying international waters and for related maritime activities.
x. – an agreement entered into by and between the principal and the licensed manning agency defining the responsibilities of both parties with respect to the employment of ship personnel for their enrolled vessels.
y. – the National Labor Relation Commission.
z. – a worker who is able to secure employment overseas on his own without the assistance or participation of any agency.
aa. – any person, partnership or corporation who has not been issued a valid license to engage in recruitment and placement, or whose license has been suspended, revoked or cancelled.
bb. – an inter-agency servicing body designed to facilitate the documentation of contract workers.
cc. – employment of a worker outside the Philippines including employment on board vessels plying international waters, covered by a valid employment contract.
dd. – any person, partnership or corporation registered under the laws of the Philippines and duly accredited to engage in overseas shipping activities by the Maritime Industry Authority (MARINA).
ee. – vessels duly registered in the Philippines.
ff. – the amount charged by a private employment agency from a worker for its services in securing employment.
gg. – any foreign person, partnership or corporation hiring Filipino workers through an agency.
hh. any person, partnership or corporation engaged in the recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employees or both.
ii. – the agreement entered into by and between the foreign principal and the licensed private employment agency defining the responsibilities of both parties with respect to the employment of workers for their overseas projects.
jj. – 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.
kk. – the head of the Regional Offices of the Department.
ll. – the field offices of the Administration in designated regions in the Philippines.
mm. – the regional field office of the Administration.
nn. – the regional office of the Department of Labor and Employment.
oo. – the amount or portion of the foreign exchange earnings sent by the worker to the Philippines.
pp. – the Secretary of Labor and Employment.
qq. – the amount charged by a licensee from its foreign employer-principal as payment for actual services rendered in relation to the recruitment and employment of workers for said principal.
rr. – a written agreement entered into by and between the employer and/or the local agency and the overseas contract worker containing the terms and conditions of employment that are in consonance with the master employment contract as approved by the Administration.
ss. – the action of labor attaché or any other officer designated by the Secretary of Labor and Employment in the Philippine Embassy or Consulate, in reviewing employment documents of Filipino nationals with the view to establish the existence of the employing company, its ability to hire workers at the prescribed rates, at desirable working conditions consistent with the standards prescribed by the Administration and terms and conditions prevailing in the country of employment.
Section 1. - Only applicants who possess the following qualifications may be permitted to participate in the overseas employment program:
Section 2. The following are not qualified to participate in the recruitment and placement of Filipino workers overseas:
, or its implementing rules, or other relevant laws, decrees, rules and regulations, and issuances.
Section 1. - Every applicant for license to operate a private employment agency or manning agency shall submit a written application together with the following requirements:
In the case of a newly organized corporation, submission of a bank certificate of a cash deposit of at least P250,000.00 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 bank certification of a cash deposit of at least P250,000.00 with the corresponding authority to examine such deposit.
c. Escrow agreement in the amount of P200,000.00 with an accredited reputable banking corporation to primarily answer for valid and legal claims of recruited workers as a result of recruitment violations or money claims;
d. 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 the need may require, Fiscal’s 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 acceptable;
e. Proof of marketing capability;
Section 2. Within thirty (30) calendar days from receipt of application or requirements including proof of payment of a non-refundable filing fee of P5,000.00, the Administration shall evaluate pertinent documents of the applicant, inspect the offices and equipment and recommend to the Secretary the approval or denial of the application.
Section 3. - The Administration shall recommend to the Secretary issuance of the corresponding license upon due evaluation and compliance with licensing requirements and operational standards.
Section 4. - Upon approval of the application, the applicant shall pay a license fee of P30,000.00. It shall also post a cash bond of P100,000.00 and a surety bond of P50,000.00 from a bonding company acceptable to the Administration and duly accredited by the Insurance Commission. The bonds 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 shall likewise guarantee compliance with the provisions of the 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 jurisdiction shall be binding and conclusive on the surety. The surety bonds shall be co-terminus with the validity period of the license.
Section 5. Every license shall be valid for at least two (2) years from the date of issuance unless sooner cancelled or revoked by the Secretary or suspended by the Administration for violation of the and its rules and relevant decrees, orders and issuances and other rules and regulations of the Department. Such license shall be valid only at the place/s stated therein and when used by the licensed person, partnership or corporation.
Section 6. 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. Violation shall cause automatic revocation of license.
In case of death of the sole proprietor, and in order to prevent disruption of operation and so as not to prejudice the interest of legitimate heirs, the licensed single proprietorship may be allowed to continue only for the purpose of winding up its business operation.
Section 7. Transfer or change of ownership of a single proprietorship licensed to engage in overseas employment shall cause the automatic revocation of the license. The new owner shall be required to apply for a license in accordance with these Rules.
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 8. 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 9. Every change in the composition of the Board of Directors of a corporation licensed to participate in overseas employment shall be registered with the Administration within thirty (30) calendar days from the date the change was decided or approved. The corporation shall be required to submit to the Administration the Minutes of Proceedings duly certified by the SEC, the bio-data and clearances of the new members of the Board from the government agencies identified in Section 1 (e) of this Rule.
Section 10. Every change or termination of appointment of officers, representatives and personnel shall be registered with the Administration within thirty (30) calendar days from the date of such change.
The Administration reserves the right to deny the appointment of officers and employees who were directly involved in recruitment irregularities.
Section 11. - Every appointment of representatives or agents of licensed agency shall be subject to prior approval or authority of the Administration.
The approval may be issued upon submission of or compliance with the following requirements:
Section 12. In addition to the requirement of registration with and submission to the Administration, every change in the membership of the Board of Directors, resignation/termination 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. 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:
The new office shall be subject to the normal 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. - The establishment of an executive office outside of the registered address shall be effected only with prior approval or authority of the Administration. The approval may be issued upon submission of an affidavit of undertaking to the effect that no recruitment activity whatsoever shall be conducted thereat and that the agency has a valid contract of lease or building ownership.
Section 15. Branch and extension offices may be established in areas approved by the Secretary, subject to implementing guidelines.
Section 16. No licensed agency shall conduct any provincial recruitment, job fairs or recruitment activities of any form outside of the address stated in the license, acknowledged Branch or Extension Office or without first securing prior authority from the Administration of the Center.
Section 17. An agency shall submit an application for the renewal thereof to the Administration. Such application shall be supported by the following documents:
Section 18. 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.
Section 19. - Within thirty (30) calendar days from receipt of the application for renewal the Administration shall undertake evaluation and inspection and thereafter recommend to the Secretary the grant or denial of the application.
Section 20. Any agency which fails to obtain a renewal of its license within thirty (30) calendar days from expiration thereof, shall be immediately deemed delisted and disallowed from conducting recruitment and placement.
Section 21. - Licenses of agencies which fail to conclude a recruitment or manning agreement and/or undertake minimum levels of worker deployment and foreign exchange generation or those which fail to meet the minimum operational standards and requirements set by the Administration, shall not be renewed.
Section 22. - As soon as an Order of Garnishment is served upon the Administration/Bank, and the same is correspondingly earmarked, the cash bond/deposit in escrow of an agency shall no longer be considered sufficient. The Administration shall forthwith serve upon the agency a notice to replenish.
Section 23. 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 24. - A licensed agency which voluntarily surrenders its license shall be entitled to the refund of its deposited cash bond and release of the deposit in escrow, only after posting a surety bond of similar amount valid for four (4) years from expiration of license.
Section 25. The Administration shall undertake the annual evaluation and rating of the performance of licensed agencies to determine the merits of their continued participation in the overseas employment program taking into consideration compliance with laws and regulations and such other criteria as it may deem proper.
Section 26. The Administration may undertake the classification and ranking of agencies. In recognition of exemplary performance, it may undertake schemes for incentives and rewards.
Section 1. - Philippine shipping companies which own/manage/operate Philippine registered vessels plying international waters shall submit the following documents for special registration.
c. Surety bond of P200,000.00 from reputable bonding company duly accredited by the Insurance Commission which validity should be co-terminus with the validity of registration;
d. Copy of Certificate of Approval of the Bareboat Charter;
e. Philippine Coast Guard Certificate of Registration.
Section 2. -
Special registration issued to Philippine shipping companies shall be valid for two (2) years form the date of issuance unless sooner cancelled, revoked or suspended by the Administration for violation of the or its implementing rules and other regulations of the Department. Such registration shall be valid only at the place stated therein and when used by the authorized person, partnership or corporation.
Section 3.
The Philippine company shall submit an application for the renewal thereof to the Administration. Such application shall be supported by the following documents.
Section 1. Before issuance or renewal of a license, the Administration shall conduct an inspection of the premises and pertinent documents of the applicant.
Section 2. All agencies shall be subject to periodic inspection of offices, studios or pre-departure orientation seminar venues by the Administration to determine compliance with existing rules and regulations. Inspection shall likewise be conducted by the Administration in case of transfer of office, studio, PDOS venue, or establishment of a branch or extension office, executive office, additional office or upon compliant or report of violation of existing rules and regulations.
Section 3. Inspection shall be undertaken by the Administration, thru a duly designated Inspector.
An authority to inspect shall be issued for presentation to the agency before inspection, stating in detail the purpose and subject of inspection.
Section 4. 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 5. -
c. Inspection reports shall be submitted to the Administration within twenty-four (24) hours after the inspection.
Section 6. Violations found in the course of inspection such as non-compliance with the Administration’s rules, issuances, directives, etc. may be grounds for the imposition of appropriate sanction or for the denial of application for issuance and renewal of license. A copy of the results of inspection shall be endorsed to the appropriate unit for the conduct of necessary proceedings.
Section 1. Agencies shall charge from their principals a service or manning fee to cover services rendered in the recruitment, documentation and placement of workers.
Section 2.
b. Manning agencies shall not charge any fee from seafarer-applicants for its recruitment and placement services.
Section 3. - No other fees or charges including processing fees shall be imposed against any worker, except when authorized by law.
Section 4. Every seafarer processed for deployment abroad shall contribute to the seafarer’s Welfare Fund.
Section 5. - In case of withdrawal of the worker within one hundred twenty (!20) calendar days from the signing of the employment contract, the agency shall refund the amount paid by him after deducting such actual expenses incurred in the documentation of the worker as may be supported by receipts.
Section 1. Actual job vacancies for accredited foreign principal/project with job orders duly approved by the Administration shall be allowed for advertisement upon accreditation and/or approval of job order. The advertisement shall indicate the following basic information:
Section 2. Agencies desiring to generate qualified applicants for additional manpower requirements of an accredited principal or project not covered by duly approved job order by the Administration may advertise only upon approval by the Administration.
Agencies desiring to generate qualified applicants for a prospective principal/project may advertise only for highly skilled landbased categories and marine officers and upon prior approval of the Administration.
The advertisement shall indicate that the announcement is for manpower pooling only and that no fee shall be collected from the applicants. The following information shall be reflected in the advertisements:
c. Skill categories and qualification standards.
Section 3. - For purposes of this Rule, press and media releases, whether on print, radio or television negotiations with foreign principals involving overseas job openings, shall be considered as advertisement, and therefore, shall be subject to monitoring and regulation.
Subsequent publication of a previously approved advertisement or a portion thereof, in another form of media release shall no longer require another POEA's approval provided that said publication is undertaken within a period of one month from the date of POEA approval.
Section 4. - False and deceptive advertisement published and aired by agencies including, but not limited to those published not in accordance with the prescribed guidelines shall be considered as violation and shall, therefore, be a valid ground for the cancellation of accreditation of principal/project and/or for the suspension and/or cancellation of license.
Section 5. - Foreign principals/employers who wish to advertise job vacancies outside the Philippines using Philippine print media, broadcast or television may do so only through a POEA-licensed agency or through the Administration.
Section 1. All overseas landbased workers shall be provided both life and personal accident insurance. The amount of life insurance coverage shall be P50,000.00 maximum face value; provided, however, that if death is due to accident, murder or assault, an equal amount of P50,000.00 insurance coverage shall be due in addition to the amount of life insurance. This mandatory life and personal accident insurance shall be provided by the employer without any cost to the worker. The personal accident insurance shall cover accidental death, dismemberment and disability; provided, however, that should the subsisting insurance package provide for a superior coverage, the same shall be deemed compliance with this requirement.
Section 2. - In order to protect landbased workers and seafarers form the hazards of war or war-like operations, the Administration shall identify and declare specific land areas, territorial waters or portions of the high seas as war risk areas.
Section 3. - All landbased workers bound for areas declared by the Administration as war risk areas shall, in addition to the mandatory personal accident and life insurance, be provided with war risk insurance of not less than P100,000.00. This war risk insurance shall be provided by the employer at no cost to the worker.
Section 4. The minimum coverage shall take effect upon payment of the premium and shall be extended worldwide, on and off the job, for the duration of the worker’s contract plus sixty (60) calendar days after termination of the contract of employment; provided that in no case shall the duration of the insurance coverage be less than one year.
Section 5. Seafarers who sail on a vessel into areas declared by the Administration as war risk trading areas shall be entitled to premium pay the schedule of which shall be determined by the Administration.
Section 6. Proceeds or benefits from the mandatory life, personal accident or war risk insurance shall be awarded only to the designated beneficiaries as defined in these Rules.
Section 1. - A Labor Assistance shall be established at international airports and other exit points in the country which may be used by contract workers in proceeding to their overseas jobsite. It shall assist and facilitate the deployment and reception of overseas contract workers, monitor such deployment and provide appropriate advise to workers and foreign principals and employers on employment, travel and recruitment procedures.
Section 2. The POEA shall issue special clearances to non-contract workers possessing contract worker's passport and/or employment visa or work permit for the host country, subject to the guidelines formulated by the Administration for the purpose.
Section 3. The LAC shall maintain close coordination with the Bureau of Immigration and Deportation, Department of Foreign Affairs, Philippine Tourism Authority, NAIA Airport Management and other appropriate government bodies in the discharge of its duties.
Section 1. All recruitment activities as defined under Section 2. Rule I, Book VI of these Rules and all prohibited practices under Article 34 of the when undertaken by a non-licensee, a suspended or cancelled agency constitute illegal recruitment activities.
Recruitment and placement activities of agents or representatives appointed by a licensee,
whose appointments were not previously authorized by the Administration shall likewise constitute illegal recruitment.
Section 2. The Administration shall adopt policies and procedures, prepare and implement programs toward the eradication of illegal recruitment activities such as, but not limited to the following:
c. Special operations such as surveillance, of companies, establishments and entities found to be engaged in the recruitment of workers for overseas employment without having been licensed to do so; and
d. Information and education campaign.
Whenever necessary, the Administration shall coordinate with other appropriate entities in the implementation of said programs.
Section 3. The Administration shall provide free legal service to victims of illegal recruitment and related cases as well as recruitment violations which are administrative or criminal in nature in the form of legal advice, assistance in the preparation of complaints and supporting documents, institution of criminal actions and whenever necessary, provide counselling assistance during preliminary investigation and hearings.
Section 4. - Victims of illegal recruitment and related cases as well as recruitment violations which are administrative or criminal in nature may file with the Administration a report or complaint in writing and under oath.
The complaint shall state the following, among others:
d. The date, place and approximate time when the alleged act/s and/or omissions was/were committed;
e. Amount exacted, if any, and place of payment; and
f. Relief sought and such other allegations by way of particulars.
All pertinent documents in support of the complaint must be attached thereto, whenever possible. In the regions outside the National Capital Region, complaints and reports involving illegal recruitment may be filed with the appropriate regional office of the Department or with the Center or Regional Extension Unit concerned for the corresponding
legal assistance and enforcement measures.
Section 5. Upon receipt of the complaint/report, it shall
be immediately docketed and numbered and thereafter referred for assignment and investigation. Where the complaint/report alleges that recruitment activities are still on-going, the necessary surveillance shall be conducted and on the basis of the findings,
the issuance of closure order may be recommended to the Administrator through the Director-LRO if recruitment activities are confirmed. If on the basis of the investigation conducted, sufficient basis for institution of a criminal action against the offender/s is found, the case shall be immediately forwarded to the appropriate unit for such action.
Section 6. - The Administration and/or designated officials in the DOLE regional
offices, upon receipt of an information, complaint and/or report, or on their own initiative may conduct surveillance on the alleged recruitment activities.
No surveillance may be conducted unless authorized by the Administrator or the Deputy
Administrator, or the Director-LRO or the DOLE Regional Director concerned or their duly authorized representatives.
Within two (2) days from the termination of the surveillance, the corresponding report duly supported by an affidavit of surveillance, shall be submitted to the Director-LRO or the Regional Director concerned as the case may be.
Section 7. - The Secretary or the Administrator or the DOLE
Regional Director of the appropriate regional office outside the National Capital Region, or their duly authorized representatives, may conduct an ex parte preliminary examination to determine whether the activities of a non-licensee constitute a danger to national security and public order or will lead to further exploitation of job seekers. For this purpose, the Secretary, the Administrator or the Regional Director concerned or their duly authorized representatives, may examine personally the complainants and/or their witnesses in the form of searching questions and answers and shall take their testimony under oath. The testimony of the complainants and/or witnesses shall be reduced in writing and signed by them.
If from the preliminary examination conducted or based on the findings and recommendations and affidavit or surveillance of the Administration or designated regional officer, the Secretary or the Administrator or the Regional Director concerned is satisfied that such danger or exploitation exists, he may issue a written order for the closure of the establishment being used in connection with illegal recruitment.
In case of a business establishment whose license or permit to operate a business was issued by the local government, the Secretary, the Administrator or the Regional Director concerned shall likewise recommend to the granting authority the immediate cancellation/revocation of the license or permit to operate its business.
Section 8. Closure Order shall be served upon the offender Or the person in charge of the establishment Subject thereof. The closure shall be effected By sealing the establishment and posting a notice Of such closure in bold letters at a conspicuous place In the premises of the establishment. Whenever Necessary, the assistance and support of the Appropriate law enforcement agencies may be Requested for this purpose
Section 9. A report On the implementation of the closure order Executed under oath, stating the details of the Proceedings undertaken shall be submitted to the Director-LRO or the Regional Director concerned, As the case may be, within two (2) days from the Date of implementation.
Section 10. The Secretary or the Administrator or the Regional Director concerned, or their duly authorized Representatives or any law enforcement officer or any aggrieved person, may initiate the corresponding criminal action with the appropriate Office.
Where a complaint is filed with the Administration And the same is proper for preliminary Investigation, it shall cause the filing of the Corresponding complaint with the appropriate Officer authorized to conduct the requisite Preliminary investigation. The complaint to be Filed shall be supported with a certification from The Administration, a closure order, if any, and report On the implementation thereof and other relevant Documents. Whenever necessary and practicable, the Prosecution Division may provide the complainant/ victim with counsel to assist in the prosecution Of the offender/s. The Administration shall Monitor all cases it initiated.
Section 11. - A motion to lift a closure order which has already Been implemented may be entertained only when Filed with the Licensing and Regulation Office (LRO) within ten (10) calendar days from the date of implementation thereof. The motion shall clearly state the grounds upon which it is based, attaching
thereto the documents in support thereof. A motion to lift which does not conform with the requirements herein set forth shall be denied outrightly.
Section 12. The motion to lift a closure order may be filed only by the following:
c. The person or entity against whom the closure order was issued and implemented or his/its duly authorized representative; and
d. Any other person or entity legitimately operating within the premises of the office which was closed/padlocked whose operations/activities are separate and distinct from the recruitment activities of the person/entity subject of the closure order and who would be unduly prejudiced by the continued closure of the said office.
Section 13. Lifting of the closure order (CO) and/or re-opening of the office closed or padlocked may be granted on any of the following grounds:
Lifting of a closure order shall not prejudice the filing of a criminal complaint with the appropriate office against the person alleged to have conducted illegal recruitment activities at the office/premises closed or padlocked.
Section 14. - The order of the Administrator denying the motion to lift may be appealed to the Office of the Secretary within ten (10) calendar days from the service of receipt thereof.
Section 15. Where an office was allowed to be re-opened upon any grounds hereinabove provided and the same was subsequently confirmed to as being used for illegal recruitment activities again, said office shall be closed/padlocked. For this purpose, a new CO shall be issued. In such cases, no motion to lift shall be entertained.
Section 1. Only duly licensed agencies may file application for accreditation of their principals or projects overseas
Section 2. - An agency applying for the accreditation of its principals or projects shall submit the following:
a. For a landbased agency for its principals:
Section 3. Whenever required and determined by the Secretary, verification or authentication of documents for Accreditation of principals or projects shall be Undertaken by the following:
Requirements for accreditation shall not be Authenticated if basic documents are signed by the authorized officials of both the hiring company and its local agent in the presence of any member of the POEA Directorate or duly designated officers of the Administration.
Section 4. - Accreditation may be granted only when the foreign signatory to the recruitment agreement with the applicant agency is the direct employer of the workers to be recruited. Foreign placement agencies may be accredited as principals if they are authorized to operate as such in their respective countries.
Section 5. A landbased principal or project shall be accredited to only one agency. The Administration may grant accreditation as may deemed necessary. In the case of manning sector, a shipping principal may be accredited to not more than three (3) agencies
Section 6. - The accreditation of a principal may be transferred to another agency provided that transfer shall not involve any diminution of wages and benefits of workers.
The transferee agency in these instances shall comply with the requirements for accreditation and shall assume full and complete responsibility to all contractual obligations of the principals to its workers originally recruited and processed by the former agency.
Prior to the transfer of accreditation, the Administration shall notify the previous agency and principal of such application.
Section 7. Applications for the transfer of accreditation of principals or projects shall be acted by the Administration upon submission of all requirements by the new transferee agency.
Obligations or money claims arising out of business relations between contracting partners of between agencies and principals may be conciliated by the Administration. However, the pendency of the conciliation should not prevent the Administration from acting on the request for accreditation if public interest so requires.
Section 8. The Administration shall issue to the agency an accreditation certificate for its principal or project after approval of the accreditation request.
Full accreditation shall be valid for a maximum period of two (2) years from date of issuance, subject to renewal. Provisional accreditation may be granted for a period of ninety (90) days for a principal or a project that meets the accreditation requirements substantially.
Section 9. The accreditation of a principal or project may be revoked by the Administration in any of the following cases:
d. Violation or applicable laws, rules and regulation on overseas employment.
Section 10. Employers, principals and contracting partners including natural persons found defaulting on their contractual obligations to workers, agencies and/or violating rules and regulations on overseas employment or committing grave misconduct and offenses involving moral turpitude shall be prohibited from participating in the overseas employment program.
For this purpose, the Administration shall advise the employer, principal or contracting party concerned including its Embassy/Consulate in the Philippines and other Philippine government entities participating in this program.
Section 1. Agencies which have selected workers for their
accredited principals shall, as a pre-requisite for contract processing with the Administration,
submit for approval a recruitment order (RO) or crew order (CO), as the case may be, using the prescribed form which shall indicate the names, positions and salaries of selected contract
workers, among others.
Section 2. Documentary processing shall commence upon presentation of the approved RO or CO together with the following documents:
The agency shall provide each worker a copy of the approved EC duly signed by the worker and employer or where appropriate, by the agency.
The Administration may impose other processing requirements as may be necessary.
Section 3. Payment of processing fees shall be made immediately after approval of the RO or the EC. All payments shall be covered by official receipts.
Section 4. - An agency shall deploy its recruits within the deployment period as indicated below:
a. One hundred twenty (120) calendar days from the date of signing of the employment contract for all landbased workers;
b. Thirty (30) calendar days from the date of processing by the Administration of the employment contracts of seafarers.
Failure of the agency to deploy a worker within the prescribed period without valid reasons shall be a cause for suspension or cancellation of license or fine. In addition, the agency shall return all documents at no cost to the worker.
Section 5. - An inter-agency processing center shall act as a one-stop servicing body to provide expeditious clearing system for overseas contract workers and facilitate their deployment abroad.
Section 6. Filipino contract workers except seafarers, who are on vacation or on emergency leave, and who are returning to the same worksite, to resume their employment within six (6) months from the date of arrival in the Philippines shall be processed as balik-manggagawa (BM). Said BM may be processed individually or through the agency which previously deployed them.
For individual balik-manggagawa, the following documents shall be required:
For agency-endorsed balik-manggagawa, the following documents shall be required:
a. Previously POEA processed employment and travel documents of the contract workers;
b. Valid passport
c. Valid re-entry visa, work permit or any equivalent document.
Section 7. - All recruitment agencies handling returning workers to their accredited principals shall assume responsibility over said workers for the duration of the employment contract in force. While the agencies may charge service fees to their employers for this purpose, no redeployment fees shall be collected from the returning workers.
Section 1. The Administration shall recruit and place workers primarily on government-to-government arrangements, and shall therefore service the hirings of foreign government instrumentalities. It may also recruit and place workers for foreign employers in such sectors as policy may dictate, in pursuance thereof, the Administration shall, among others:
Section 2. - An employer hiring through the Administration shall submit the following documents:
Section 3. Employer hiring through the Administration shall be required to formalize a Recruitment Agreement (RA). The RA shall, among others, contain the following provisions:
The standards and requirements set by the Administration for the recruitment and placement of workers shall apply to hirings through the Administration.
Section 4.
An employer hiring through the Administration shall select his workers from the manpower pool developed and maintained by the Administration;Section 5.
Workers hired through the Administration shall be issued the following documents:
Section 1. Individuals workers who are able to secure contracts for overseas employment on their own without the assistance or participation of any agency shall be processed by the Administration.
Section 2. - No employer may hire a Filipino worker for overseas employment except through the Administration or agencies licensed by the Secretary.
Direct hiring by workers of the diplomatic corps, international organizations, and such other employers as may be allowed by the Secretary is exempted from this provision.
Section 1. - The promotion and development of employment opportunities abroad shall be undertaken by the Administration in cooperation with other government agencies and the private sector, through organized market research and promotion activities and services.
Section 2. The Administration shall undertake market research activities in aid of market development which shall include among others:
Section 3. The Administration shall undertake, among others, a comprehensive manpower marketing strategy through:
c. Pursuance of bilateral labor agreements with existing/prospective host countries of Filipino manpower;
d. Promotion and advertising in appropriate media and development of support communication materials;
e. Client referral to the private sector; and
f. Establishment and maintenance of effective linkages with other government agencies including Philippine Missions abroad or corps of labor attaches, foreign governments directly or through their Embassies, foreign employers, the local private recruitment sector, and other organizations.
Section 1. The Administration shall determine, formulate and review employment standards in accordance with the market development and welfare objectives of the overseas employment program and the prevailing market conditions.
Section 2. - The following shall be considered the minimum requirements for contracts of employment:
c. Free emergency medical and dental treatment and facilities;
d. Just causes for the termination of the contract or of the services of the workers;
e. Workmen’s compensation benefits and war hazard protection;
f. Repatriation of workers remains and properties in case of death to the point of hire, or if this is not possible under the circumstances, the proper disposition thereof, upon prior arrangement with the worker’s next-of-kin and the nearest Embassy or Consulate through the Office of the Labor Attache;
g. Assistance in the remittance of worker’s salaries, allowances or allotments to his beneficiaries; and
h. Free and adequate lodging facilities or compensatory food allowance at prevailing cost of living standards at the jobsite.
Section 3. The Administration shall undertake development and/or periodic review of region, country and skills specific employment contracts for landbased workers and conduct regular review of standard employment contracts (SEC) for seafarers. These contracts shall provide for minimum employment standards herein enumerated under Section 2 of this Rule and shall recognize the prevailing labor and social legislations at the site of employment and international conventions. The SEC shall set the minimum terms and conditions of employment. All employers and principals shall adopt the SEC in connection with the hiring of workers without prejudice to their adoption of other terms and conditions of employment over and above the minimum standards of the Administration.
Section 1. The Administration shall exercise original and exclusive jurisdiction to hear and decide all pre-employment cases which are administrative in character, involving or arising out of violation of recruitment laws, rules and regulations including money claims arising therefrom or violation of the conditions for issuance of license to recruit workers.
Section 2.
c. Inducing or attempting to induce an already employed worker to transfer from or leave his employment for another unless the transfer is designed to liberate a worker from oppressive terms and conditions 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. Obstructing or attempting to obstruct inspection by the Secretary, the Administrator or their duly authorized representatives;
f. Substituting or altering employment contracts and other documents approved and verified by the Administration from the time of actual signing thereof by the parties up to and including the period of expiration of the same without Administration’s approval;
g. Failure to file reports as may be required by the Administration;
h. 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;
i. Unreasonable withholding or denying travel or other pertinent documents from workers for monetary considerations or reasons other than those authorized under the and its implementing rules and regulations;
j. Engaging in recruitment activities in places other than that specified in the license without previous authorization from the Administration;
k. Appointing or designating agents, representatives or employees without prior approval from the Administration;
l. Falsifying or altering travel documents;
m. Deploying workers whose employment and travel documents were not processed by the Administration;
n. Deploying workers or seafarers to vessels or principals not accredited by the Administration;
o. Publishing or causing the publication of overseas job vacancies in violation of the prescribed rules;
p. Failure to deploy workers within the prescribed period without valid reason;
q. Disregard of lawful orders, notices and other processes issued by the Administration;
r. Coercing workers to accept prejudicial arrangements in exchange for certain benefits that rightfully belong to the workers;
s. Withholding of workers’ salaries or remittances without justifiable reasons ;
t. Violation of other pertinent provisions of the and other relevant laws, rules and regulations, guidelines and other issuances on recruitment and placement of workers for overseas employment and the protection of their welfare; and
u. Committing any other acts similar or analogous to the foregoing.
Section 3.
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. Incurring an accumulated three (3) counts of suspension by an agency based on final and executory orders within the validity period of its license.
Section 4. - Any complaint/report involving violation of recruitment laws, rules and regulations, violation of terms and conditions for the grant and use of a license to recruit workers for overseas employment and violation of pertinent provisions of the , its implementing rules and regulations and administrative issuances, shall be filed with the Adjudication Office, this Administration or in the Regional Office except in the case of NCR, the same shall be filed with POEA where the applicant-worker applied or was recruited at the option of the complainant.
In cases falling within the jurisdiction of NCR, the same shall be filed with the Administration.
In the case of reports received by the Administration, the same shall be investigated by the Adjudication Office, this Administration or at the appropriate Regional Office.
All actions filed with the Administration shall be heard before the Adjudication Office.
However, cases filed with the Administration may be transferred upon request of either party to the Regional Office before issued are joined and upon approval by the Administration.
Complaints/Reports filed at the Regional Office shall be heard by the duly designated POEA Hearing Office or designated representative.
Section 1. - Any person may file a complaint in writing and under oath for the suspension or cancellation of the license of any agency with the Administration.
The Administration on its own initiative or upon filing of a complaint or report for the investigation by any aggrieved person, shall conduct the necessary proceedings for the suspension, cancellation or revocation of the license of any agency.
Section 2. The complaint shall be filed in accordance with the following captions:
, Circulars,
, Circulars,
Section 3. - All complaints/ reports shall be under oath and must contain, among others, the following:
All pertinent papers, or documents in support of the complaint must be attached whenever possible. The complaint shall be under oath, and shall be administered by any officer authorized by law.
Section 4. - Complaints duly received shall be docketed and numbered and shall be raffled off to Hearing Officers of the Administration.
Section 1. - Upon receipt of the complaint, the Administration shall issue a show cause order directing the respondent/s to file a verified Answer/Counter-Affidavit within ten (10) calendar days and not a Motion to Dismiss, incorporating therein all pertinent documents in support of its defense, and attaching thereto proof of service of a copy thereof upon the complainant/s. The answer shall be deemed filed on the date of receipt stamped thereon, if filed personally, or on the date stamped on the envelope filed through registered mail.
Section 2. - Failure to file answer a waiver on the part of the respondent and hearing/investigation shall proceed ex-parte.
Section 3. The Administration shall issue .
The process server who personally served the , notice, order, resolution or decision shall submit his return within five (5) calendar days from the date of his service, thereof, stating legibly in his return his name, the mode/s of service, the name/s of the other person/s offered and the date/s of receipt. If no service was effected, the serving officer shall state the reason therefor. The return shall form part of the records of the case.
Section 4. The license of an agency who fails or refuses to obey the shall be suspended until compliance of the directive of this Administration.
This is without prejudice to the outcome of the investigation wherein the proper penalty may be imposed.
Section 5. - The return is proof of the facts stated therein. Service by registered mail is complete upon receipt by the addressee or agent; but if the addressee or agent fails to claim his mail from the post office within five (5) calendar days from date of last notice of the postmaster, service shall take effect after such time.
Section 6. - Only one motion for extension of time to file Answer/Counter-Affidavit shall be allowed. The Hearing Officer, upon receipt of such motion may, upon meritorious grounds, grant a non-extendible period not exceeding ten (10) calendar days. Rulings of the Hearing Officer on motions for extension shall be sent by personal service or by registered mail.
Section 7. At any stage of the proceedings and prior to the submission by the parties of the case for resolution, the Administration may initiate clarifying questions to further elicit facts or information, including but not limited to the subpoena of relevant documentary evidence.
Section 8. Should the Hearing Officer find upon consideration of the answers, counter-affidavits and evidence submitted, that resolution/decision may be rendered thereon, the case shall be deemed submitted.
Section 9. The proceedings shall be non-litigious in nature, subject to the requirements of due process, the technicalities of law and procedure and the rules obtaining in the courts of law shall not strictly apply thereto. The Hearing Officer may avail himself of all reasonable means to ascertain the facts of the case, including ocular inspection, where appropriate, and examination of informed persons.
Section 10. The withdrawal/ desistance of the complaining witness shall not bar the Administration from proceeding with the investigation on recruitment violation/s. The Administration shall act on the case as may be merited by the results of the investigation and impose such penalties on the erring agency as may be deemed appropriate.
Section 11. - The Hearing Officer/Regional Office, shall within thirty (30) calendar days from submission of the case, submit its recommendation to the Adjudication Office.
Section 12. - Only the Secretary or his duly designated representative may issue cancellation or revocation orders. Orders of suspension of license or the lifting of preventive suspension or suspension of documentary processing shall be signed by the Administrator or in his absence by his duly designated Officer-In-Charge.
All other orders or resolutions shall be signed by the Director, Adjudication Office, POEA.
Section 13. Orders/Resolutions issued by the Administration shall be clear and concise and shall include a brief statement of the following:
Section 14. The Administration may order the suspension of the processing of documents pertaining to a respondent agency on any of the grounds for violation of any provision of these Rules, POEA Orders, Rules and Regulations.
This is without prejudice to the outcome of the investigation wherein the proper.
Section 15. - Pending resolution of the recruitment violation/s and upon notice, 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:
evidence of a case for violation of the , its implementing rules and regulations or any issuance of the Administration where the evidence of culpability is strong.The Administrator may issue an order lifting or modifying the order of preventive suspension as the circumstances may warrant.
Section 16. . - Orders of suspension/cancellation shall be imposed in accordance with the Schedule of Penalties promulgated by this Administration.
Section 17. - The Secretary or the Administrator may impose fines.
The Secretary may also impose additional fines for failure to comply with a final order.
Section 18. - The order/s of suspension shall become effective immediately unless a restraining order (RO) is obtained from the Office of the Secretary.
Motions for issuance of a restraining order (RO) shall be filed with the Docket and Enforcement Division (DED) of the Adjudication Office or in the Regional Office as the case may be.
Section 19. An order of suspension/cancellation or revocation shall have the effect of suspending or terminating all activities of the agency which fall under the definition of recruitment and placement. The Administration may seek the assistance of other government institutions, agencies or offices to ensure that suspension or cancellation orders are implemented.
Section 1. - The Secretary shall have exclusive jurisdiction to review recruitment violation cases and other related cases decided by the Administration or upon petition of party/ies in interest.
Section 2. Petitions for review shall be filed within ten (10) calendar days from receipt of the Order by the parties.
All Motions for Reconsideration shall be treated as a petition for review.
Section 3. The filing of a petition for review shall not automatically stay the execution of the order of suspension unless restrained by the Secretary.
Section 4. The Docket and Enforcement Division (DED), Adjudication Office, shall transmit the entire records of the case, together with the Petition for Review filed by any of the parties to the Office of the Secretary within five (5) calendar days from receipt of the same.
Section 1. After the Order has become final and executory, the Administration shall, upon motion of the party in interest, issue a writ of execution requiring the Enforcement Officer to execute the same.
Section 2. The writ of execution must issue in the name of the Republic of the Philippines, requiring the Enforcement Officer to execute the Orders of the Administrator or the Secretary or his duly authorized representative as the case may be.
The writ of execution must contain the dispositive portion of the orders or awards sought to be executed and must require the Enforcement Officer to serve the writ upon the losing party or upon any other person required by law to obey the same before proceeding to satisfy the judgment in the following order, out of the cash bond and/or escrow deposit or where applicable, the surety bond, the personal property, then out of his real property, for refund of money claims.
A writ of execution shall not be necessary for the enforcement of Orders for the return of travel and other related documents. A copy of the order served upon the losing party or upon any other required by law to obey such order is sufficient.
The writ of execution shall be valid and effective for a period of sixty (60) calendar days from issuance thereof.
Section 3. - In executing an Order, the Enforcement Officer shall be guided strictly by the Manual of Instructions for Enforcement Officers of the POEA which shall form part of these Rules.
Section 4. - In cases where several writs of execution are issued against the same agency, enforcement of the same through garnishment of the cash bond and/or escrow or through the surety bond shall be on a “first-come, first-served” basis. The Order of Garnishment that is first served on the Accounting Division and/or the Trustee Bank of the Administration or the Surety Bonding Company shall be satisfied first irrespective of the date of filing of the case or date of the decision or date of issue of writ of execution. The cash bond, escrow or surety bond shall be pro-rated among the claimants for writs served simultaneously.
Section 5. - The person serving the writ of execution shall submit his return immediately, but not exceeding sixty (60) calendar days from date of issuance thereof. The return shall state the mode/s of service, the name/s of the person/s served and the date/s of receipt. The return shall also indicate legibly the full name of the serving officer. The return shall form part of the records of the case.
Section 1. - Complaints for breach of discipline against a contract worker shall be filed with the Adjudication Office or Regional Office, as the case may be.
The Administration may, undertake a disciplinary action against a worker for breach of contract.
The Administration shall establish a system of watchlisting and blacklisting of overseas contract workers.
Section 2. - Commission by the worker of any of the offenses enumerated below or of similar offenses while working overseas shall be subject to appropriate disciplinary actions as the Administration may deem necessary:
3. Desertion or abandonment;
4. Drunkenness, especially where the laws of the host country prohibit intoxicating drinks;
5. Gambling especially where the laws of the host country prohibit the same;
6. Initiating or joining a strike or work stoppage where the laws of the host country prohibit strikes or similar actions;
7. Creating trouble at the worksite or in the vessel;
8. Embezzlement of company funds or moneys and properties or a fellow worker entrusted for delivery to kin or relatives in the Philippines;
9. Theft or robbery;
10. Prostitution;
11. Vandalism or destroying company property;
12. Gunrunning or possession of deadly weapons;
13. Violation/s of the sacred practices of the host country; and
14. Unjustified breach of government approved employment contract.
Section 3. - The procedure/s provided in this Book shall also apply in disciplinary cases involving contract workers, including seamen.
Section 4. - A contract worker, or a seaman, who has a pending complaint for disciplinary action and those against whom a warrant of arrest or hold departure order issued by the appropriate agency, shall be included in the watchlist.
Section 5. Breach of discipline may be penalized by:
In case of seamen, delisting from the registry.
The penalty/ies imposed by the Administration shall be without prejudice to whatever civil or criminal liability that may be imposed by appropriate courts for said breach of discipline.
Section 6. Contract Workers, including seamen, against whom penalties have been imposed or with pending obligations imposed upon them through an order, decision or resolution shall be included in the POEA Blacklist. Workers in the Blacklist shall be disqualified from overseas employment unless properly cleared by the Administration or until their suspension is served or lifted.
Section 7. The name of an overseas worker may be excluded, deleted and removed from the POEA Watchlist only after disposition of the case by the Administration.
Section 1. - The records of all proceedings before the Hearing Officer shall be summarized in writing by the Hearing Officer, including the substance of the evidence presented. The minutes of proceedings shall be signed by the parties and shall form part of the records. Where any of the parties refuse to sign, the refusal and reason/s given must be indicated by the Hearing Officer in the minutes, which must be chronologically arranged and appropriately paged.
Section 2. An attorney appearing for a party is presumed to be properly authorized for that purpose.
Appearances may be made orally or in writing. In both cases, the complete name and office and the adverse party of his counsel/representative properly advised.
Any change in the address of counsel/representative should be filed with the records of the case and furnished the adverse party or counsel.
Any change or withdrawal of counsel/representative shall be made in accordance with the Rules of Court.
Section 3. The Hearing Officer shall have the authority to rule on motions which may be done in writing or orally during the proceedings/conferences.
Section 4. The Chief of the Docket and Enforcement Division (DED) or his duly authorized representative, Legal Research, Docket and Enforcement (LRDE) Branch, Adjudication Office, shall be the Certifying Officer of the Adjudication Office, after payment of fees.
All certified copies shall bear the seal of the Administration.
Section 5. The Docket and Enforcement Division (DED), Adjudication Office, this Administration, shall keep in its Office and custody the Seal of the Administration, including the records, files and exhibits.
Section 6. - Bonding companies refusing to acknowledge the jurisdiction of the Administration over the surety bonds posted with the latter, as well as those found not to be complying with orders issued against the surety bond, shall be recommended to the Licensing and Regulation Office for blacklisting.
Section 7. . - shall, whenever practicable, supplement these Rules in similar or analogous character in proceedings brought before the Administration.
Section 1. - Agencies shall ensure that workers they deploy overseas are amply protected and their interest, well being and welfare are promoted. Agencies shall be responsible for the faithful compliance by their foreign principals of all obligations under the employment contract and shall therefore, be liable for any and all violations of the contract.
Section 2. The Administration shall take cognizance of any request of assistance out of overseas employment from the contract worker and/or his family.
Section 3. - The Administration shall provide the worker and his family all assistance they may need in the enforcement of contractual obligations. The Administration may call on agencies to conference or conciliation meetings or may require submission of reports for the purpose of settling complaints or problems brought to its attention. Agencies shall give these cases priority attention.
Section 4. The Administration shall, in coordination with other government institutions and/or relevant non-governmental organizations, assist workers or members of their families on matters other than contractual obligations that may arise as a result of overseas employment. In the performance of this function, the Administration may call on agencies concerned which shall therefore, provide all assistance required.
Section 5. - 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 worker overseas. All be borne by the agency concerned and/or its principal.
Likewise, the repatriation and the transport of the personal belongings of the deceased worker and all costs attendant to repatriation hereto shall be the responsibility of the principal and/or agency.
Section 6. Claims for death, disability and other benefits as well as money claims by the worker or his beneficiary/her arising from overseas employment shall be given preferential attention and solution by the agency and/or its principal.
Section 7. Deliberate failure by agencies and/or principals to act on requests for assistance but not limited to those provided in Sections 1 to 6 of this Rule, may warrant imposition by the Administration of such sanction as it may deem necessary.
Section 8. The Administration, in coordination with other institutions, shall initiate and undertake such projects and activities that will enhance the welfare and interests of the workers at the jobsites and their families including such projects and activities that will facilitate the integration of returning workers into the mainstream of life in the Philippines.
Section 1. The Administration shall conciliate complaints of workers and/or their families arising out of the enforcement of the contract; matters not related to contractual obligations; and claims for death and/or disability and other benefits.
Section 2. The Administration shall take cognizance of complaints filed by any contract worker, whether or not he is in the Philippines, by his heirs and beneficiaries, and by any licensed agency or its principal/employer.
Section 3. Upon receipt of the complaint, the Administration shall notify the respondent. Whenever possible, the Administration shall notify the respondent. Whenever possible, the Administration shall bring together the complainant and the respondent with the end in view of arriving at an amicable settlement.
In its conduct of conciliation, the Administration may direct the parties to appear and answer questions.
In instances where there is amicable settlement and/or voluntary payment, the Administration shall witness such settlement/payment to the worker or his heirs/beneficiaries.
Should both parties fail to agree to an amicable settlement, the complaint may be referred to the Adjudication Office upon approval by the complainant.
Section 4. Deliberate failure by agencies to act on complaints will warrant imposition by the Administration of such sanction as it may deem necessary.
Likewise, if after proper evaluation of complaints and supporting documents there is a finding that the employer or principal is remiss in the performance of its contractual obligations to the prejudice of its workers, the Administration shall recommend watchlisting of said employer or principal.
Section I. The Administration, in coordination with other institutions, shall provide applicants for overseas employment with an orientation that will prepare them for overseas employment. Such will focus on but will not be limited to an interview of the overseas employment program; procedures and documentary requirements for application; licensed agencies; of illegal recruitment activities and government services available to overseas job applicants and hired workers.
Section 2. - Every worker departing for overseas employment as a new hire shall undergo a pre-departure orientation seminar.
Section 3.
It shall be the responsibility of every licensed agency to provide each worker it sends overseas a thorough pre-departure orientation seminar (PDOS) in accordance with the provisions of this Rule.
The conduct of PDOS shall be limited to accredited entities classified into the following categories:
Section 4. Attendance by a worker in the PDOS shall from part of the package of placement services already paid for by either the worker through his placement fee of by the employer or principal.
Section 5. All pre-departure orientation seminar programs, PDOS program tie-ups and trainors shall be reviewed screened and approved by the Administration. Only programs and tie-ups which meet the requirements and trainors who pass the qualification standards of the Administration shall be given accreditation.
Section 6.
Section 7. The Administration shall supervise and monitor the PDOS activities of accredited agencies. The PDOS venue of every agency shall be subject to periodic inspection and/or spot inspections as often as the Administration deems it proper.
Section 8. - Agencies shall submit to the Administration an advance monthly schedule of their pre-departure orientation seminars. The report shall include seminars held the previous month indicating the names of the workers/participants, the date of PDOS and the countries of destination.
Section 9. Workers who complete the PDOS shall be issued Certificates of Attendance. The Certificates of Attendance shall be submitted to the Administration.
Section 10. The Administration shall provide PDOS to workers placed overseas through its own facility.
Section 11. The Administration shall develop and implement other programs and activities in support of PDOS. Among others the Administration may undertake a trainor's training for agencies and advance programs designed to equip workers with the necessary skills to cope with or adapt to changes in environment.
Section 12. Violation of any of the provisions of this Rule shall be subject to sanctions.
Section 1. The Administration shall establish and maintain a national manpower registry or skills bank in support of the overseas employment program. For this purpose, it shall adopt a system of registration of workers according to skills, occupation or such classification, as it may deem expedient and effective. As far as practicable, agencies shall recruit from the national manpower pool.
Section 2. Membership in the national manpower registry shall be open to all workers. The Administration shall conduct and/or supervise the process of skill determination/qualification of applicant workers in accordance with established criteria and issue the corresponding certifications. Those who are duly certified by the Administration shall automatically become members of the pool.
Section 3. An agency may establish its own manpower pool in support of its marketing program provided no fee shall be charged to the worker for membership in the manpower pool.
Section 4.
Section 1. The Administration in coordination with other entities shall conduct periodic researches and studies in labor supply especially as it relates to the range and scope of demandable and critical skills for overseas employment including but not limited to international standards and technological development programs for landbased workers and seafarers; and for developing guidelines to regulate the outflow of critical skills especially in essential public services and industries indispensable to the national interest.
Section 2. In order to rationalize the supply of qualified manpower for overseas employment, the Administration shall identify/develop training programs and enlist the participation of both government and private sectors to undertake such programs for skills that are in demand overseas.
Section 3. - On the basis of such research studies, the Administrator shall coordinate with both private entities and government agencies and employers concerned in the formulation of Accreditation and training standards.
Section 4. The administration shall implement, regulate and supervise the conduct of training programs for overseas contract workers.
Section 1. - It shall be the obligation of every Filipino overseas workers to abide by the terms and conditions of his employment contract, to behave in the best manner and tradition of a Filipino and to observe or respect the laws, customs, mores, traditions and practices of the country where he is working. It shall also be his obligation to abide with the requirements on remittance of earnings as well as to provide material help to his family during the period of his overseas employment:
b. Duty to fellow contract worker:
c. Duty to country:
(3) to be the Ambassador of Goodwill, projecting only the good in the Filipino and restrain from tarnishing the Filipino image abroad.
d. Duty to agency and/or employer:
(3) to maintain a high level of productivity as well as abide by company rules and regulations; and
(4) to refrain from committing acts which are detrimental to the interest of his employer, agency during his documentary processing and/or employment.
e. Duty to host country:
Section 1. In order ensure faithful compliance by workers of their work contracts and to safeguard against their getting stranded as a result of the termination of their employment for cause or the abrogation of their employment contract for reason of non-performance, agencies may require each worker recruited and hired by them to post a performance bond equivalent to a return plane fare but in no case exceed P20,000.00. Arrangement for the bond agreement or its renewal shall be undertaken by the agency.
Agencies may, in lieu of the performance bond, adopt a reimbursable return travel fund scheme subject to guidelines by the Administration.
The posting of performance bond is optional for seamen.
Section 2. Only the exact amount for premium fee including the necessary notarial fee shall be charged each worker for the performance bond. Imposition of the performance bond in cash is strictly prohibited. The cost of premium for the bond shall be in addition to the placement fee paid by the worker.
Section 3. - In the event the worker is terminated for cause or whose employment contract is abrogated for non-performance necessitating his immediate repatriation, the agency involved shall immediately cause the repatriation of said worker. For this purpose, the agency shall advance the cost of plane fare and later collect from the bonding company the amount involved.
Section 4. The responsibility of the agency to immediately repatriate a worker who is terminated for cause or whose employment contract was abrogated for reason of non-performance bond. In cases like these, the agency concerned shall immediately repatriate the workers and shoulder the cost of repatriation.
Section 5. - Should the agency unduly delay without justifiable reason the repatriation of the worker who is terminated for cause or whose employment contract is abrogated for reason of non-performance in spite of adequate notice to it by the Administration, the latter may cause the worker’s repatriation and charge the cost of the plane fare to the agency’s cash bond.
Section 1. - It shall be mandatory for a contract worker to remit to his beneficiary in the Philippines such percentage of his basic salary abroad as required in Section 3 below and have the same exchanged for pesos through the Philippine banking system. Agencies shall cause the inward remittance of foreign exchange payments resulting from their overseas transactions such as service fees, airfares and others.
Section 2. Agencies shall submit periodic reports to the Central Bank of the Philippines on their foreign exchange earnings, copies of which shall be furnished the Administration.
Section 3. - The percentage of foreign remittance referred to in Section 2 of this Rule, shall be as follows:
b. Workers of Filipino contractors and construction companies:
c. Doctors, engineers, teachers, nurses and other professional workers whose employment contracts provide for free board and lodging facilities:
d. All other professionals whose employment contracts do not provide free board and lodging facilities:
e. Domestic and other service workers:
f. All other workers not falling under the aforementioned categories:
Section 4. Proof of compliance with the mandatory remittances requirement as mentioned on Section 2 hereof, may consist of any of the following documents or such alternatives as may be approved by the Central Bank of the Philippines showing that the contract workers had in fact effected aforesaid remittance and had caused the surrender of the same for pesos through the Philippine banking system.
c. Bank certification or credit/payment advice evidencing sale for pesos to the Philippine banking system; or
d. Central Bank official receipt covering foreign exchange sold in the Philippines to authorized agent banks or authorized foreign exchange dealers; or
e. Receipt of International Postal Money Order.
Section 1. The Administrator, or any person designated by him to handle cases or disputes, shall have the authority to administer oaths and require the attendance of witnesses or the production of any book, paper, correspondence, memoranda and other documents relevant or material to the case or inquiry.
The Administrator may also designate any office of employee to administer oath on matters pertaining to the filing and receiving complaint as well as enforcement of decisions, orders or resolutions of the Administration.
Section 2. Where there are two (2) or more cases pending before different Hearing Officers, involving the same respondent/s and issues, the case which was filed last may be consolidated with the first to avoid unnecessary cost or delay. Such cases shall be handled by the Hearing Officers to whom the first case was assigned.
Section 3. All money claims arising from the acts of enumerated in Section 1, Rule I of Book VI, shall be barred if not commenced or filed with the Administration within three (3) years after such cause of action accrued.
Likewise, disciplinary action shall be barred if not commenced or filed with the Administration within three (3) years after such action occurred.
Section 4. These rules shall be liberally construed to carry out the objectives of the , the , and to assist the parties in obtaining just, expeditious and inexpensive settlement of disputes.
Section 5. - The provisions of these Rules and Regulations are declared to be separable and if any provision or the application thereof is held invalid or unconstitutional, the validity of the other provisions shall not be affected.
Section 6. - All policies, issuances, rules and regulations inconsistent with these Rules are hereby repealed or modified accordingly.
Section 7. These rules shall take effect fifteen (15) days from publication in a newspaper of general circulation.
Done in the City of Manila, this 31st day of May, 1991.
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People often ask how to apply in POEA (or the Philippine Overseas Employment Administration). But that is not the right question exactly (unless you mean applying for a job inside the agency).
As stated in its website, POEA’s primary mission is to facilitate the “generation and preservation of decent jobs” for Filipino migrant workers, who are also called overseas Filipino workers (OFW).
Opportunities to work abroad are usually found through a recruitment company with a valid license from the POEA. You can go to POEA to get further assistance on how to get hired by a reputable employer.
In short, POEA does not give you a job but acts like a mediator or clearing house, so to speak.
Part of POEA’s services is running an in-house recruitment and job placement facility called Government Placement Branch (GPB). Applying through GPB guarantees that a job offer from abroad is legit as employers have been screened by the agency.
You can find job openings in POEA, which are posted at the bulletin board of the headquarters, located at the corner of Edsa and Ortigas Avenue in Mandaluyong City. A list of job openings are listed at its satellite and regional offices.
Before you go to POEA, visit its website first and social media pages (@poea.gov.ph on Facebook) for announcements, especially with the COVID-19 pandemic. If you do visit the POEA, please follow health protocols. Here are the OFW requirements.
Access the POEA’s online services portal to make your e-registration account. You will need this even if you’re just starting to look for a job.
Make sure to create only one account. Once you find a job abroad, you will use this to generate your Pre-Employment Orientation Seminar (PEOS) ID number.
A PEOS ID number is a mandatory requirement for overseas job application, whether coursed through GPB or other channels, such as private recruitment companies.
Read carefully the instructions when you create your e-registration account, and take note of these reminders:
The portal also facilitates booking an appointment to visit the POEA Central Office. You can select the date of your visit to a specific department and get a slot right away, so you won’t have to queue in person.
After looking for job openings posted either at the POEA office or to its website, you can start sending out your application also either in-person or online.
Meanwhile, prepare the basic requirements needed for job application, including birth certificate and marriage contract.
Another requirement is the PEOS certificate. You can get this by taking the seminar either at the POEA office or through the PEOS website. You will take the module based on your qualifications: professional and skilled workers, or domestic workers.
While taking the free seminar, you will learn:
After completing your module, don’t forget to print your POES certificate and keep this in your file of requirements.
When can you expect to hear from a prospective employer? There is no set period — it could be days or months. But if you spotted the job posting in POEA, chances are those are for urgent hiring.
Submit all the requirements when you get a call from the company offering the overseas job. If you’re up for hiring, read (and read again) the employment contract first before signing.
If the employment contract is good, take a medical exam in a clinic accredited by the Department of Health (DOH) and secure your Overseas Employment Certificate (OEC) from the POEA.
Part of the last steps on how to apply in POEA is attending the pre-departure orientation at a center accredited by the Overseas Workers Welfare Administration (OWWA). From there, you’ll get your Pre-Departure Seminar Certificate, which is a must, along with your OEC, contract, passport, and visa, in leaving for your destination as an OFW.
Good luck!
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Many Filipinos aspire to work overseas with the goal of supporting their families in the Philippines. And with this goal as their focus, they are easily enticed by every job offer that comes their way. It is quite common for them to overlook the most essential details that they need to validate before engaging with recruiters and their lucrative job offers.
As of June 13, 2020, the Philippine Overseas Employment Administration (POEA) has 1,269 agencies, registered with valid licenses within their database.
Despite this, illegal recruiters are still out there. And unfortunately, there is still a lot of confusion among job seekers when it comes to identifying whether a recruitment agency is legitimate or not.
We have seen many aspiring Overseas Filipino Workers (OFWs) suffer through terrible experiences. And we are going to help you avoid the pitfalls that others have encountered. You need to protect yourself from misinformation and equip yourself with the knowledge of how legal recruitment agencies should operate, or else you can be at risk to losing your hard earned money.
Don’t be a victim of illegal recruitment. Learn how to determine the legitimacy of agencies and job offers.
Employment agencies should first and foremost be licensed by the POEA to operate and to be able to place workers abroad. But your observation should not stop there. Our previous post about illegal recruiters will help you learn more about the Do’s and Don’ts of applying abroad.
The following essential factors will confirm whether a recruiter is legitimate or if the job they’re presenting is valid.
License Number
This is the rule for overseas recruitment in the Philippines. If there is a job abroad for Filipino workers, you can only apply for it via a local recruitment agency. And that agency must be accredited by the POEA.
If the agency does not have a POEA license number that means the company you are applying to is an illegal recruiter.
Employer Accreditation Number
A foreign principal or employer must undergo a process of accreditation through a licensed staffing agency and the POEA , the central governing body for overseas workers in the Philippines.
This is a crucial step that legally authorizes a foreign principal or employer to recruit Filipino workers.
A Job Order refers to the job posting or requisition. A Work Order is specific to that worker and that job. It includes an agreed-upon hourly billing rate, cost allocation, length of assignment, and other elements used to track that specific combination of person and position.
The agency will only contact the qualified applicant when the Job Order has been approved by the POEA and there is already an employer ready to interview and hire applicants.
If you want to work abroad quickly, it is not enough that you apply for overseas job openings. You need to apply for an overseas job opening with an approved job order from the POEA.
To check whether the position you’re targeting has an approved Job Order, visit the POEA Job Orders page and select the recruitment agency you intend to apply with from the drop down menu.
Visit the POEA Website to confirm the legitimacy of any recruitment agency. It contains the Status of Recruitment Agencies.
You will be able to see for yourself and determine whether that specific manpower agency you’ve just heard of, or perhaps had a meeting with, is accredited or licensed by the POEA to operate in the Philippines.
It would benefit you greatly to learn more about the POEA , and how they serve aspiring OFWs like you.
You can also go to the POEA office located at Blas F. Ople Building, Ortigas Avenue corner EDSA Mandaluyong City . You can go directly to the customer service representative inside the building and inquire about the status of the agency. This option will cost you time and money. We recommend trying to call or send an email first. Your questions might be answered and save you from having to make the trip.
What is Considered as a Recruitment Ad?
The POEA states that advertisement for overseas employment shall include the publication of job vacancies in any form of communication, such as press releases, printed materials, or advertisements in radio, television, cinemas, internet, social media and other electronic forms, billboards, moving and human advertisements, and ad boards.
What to Look for Inside an Ad with Approved Job Orders?
1. Name, address and POEA license number of the agency;
2. Name, address, POEA registration/accreditation number and worksite of the accredited principal/employer;
3. Skill categories and qualification standards; and
4. Number of available positions and salaries net of foreign income tax.
What to Look for Inside an Ad for Manpower Pooling?
Licensed recruitment agencies may advertise for manpower pooling when the prospect employer has not secured approved Job Orders yet subject to prior approval of the POEA and compliance with the following conditions:
1. The advertisement shall indicate the phrases using large font sizes in the ad:
2. The advertisement shall specify the following:
Who can Advertise for International Recruitment?
Accredited principals or employers may advertise overseas job vacancies only through POEA-licensed recruitment agencies or through the Administration.
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It is wonderful to have big dreams and aspire to create a better livelihood through working abroad. To make this happen and avoid illegal recruitment traps, keep yourself well-informed. Proactively seek accurate information and save yourself from all the terrible things caused by those who offer quick and fast results. These are always too good to be true. And you know very well that there are no shortcuts to success.
Gaining a better understanding of how legitimate Philippine-licensed agencies work is key to making your dreams a reality. As always we’re here to support you every step of the way, to help you achieve your career goals!
Think you’re ready to apply for a job abroad? Take a look at our international job openings, and click Apply Now! Our recruitment team will review your CV immediately.
This article was put together by Unistaff's team of researchers, creative writers and content creators. We pride ourselves by publishing the most updated pieces of content in our blog section to enable you to make well informed decisions.
Universal Staffing Services Inc. (POEA License No. 35-LB-022019-R) has been a trusted International Permanent Staffing Firm for more than two decades, maintaining its prestige and reputation as one of the best in the country. Our source of pride comes from placing over 30,000 top-class professionals in the Gulf Region, Africa, South Asia, South-East Asia, United States, and Europe in Academic, Engineering, Skilled, Administrative, Hospitality, IT and Healthcare settings.
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Get All the Requirements Ready. POEA Direct Hire Requirements for OEC Processing. Phase 1: POEA Clearance Requirements for the Direct Hiring Ban Exemption. 1. Valid Passport. 2. Valid Work Visa or Entry/Work Permit. 3. Verified Employment Contract or Offer of Employment.
Step 4: Add education info. Click "My Education" under "My Profile" on the left menu. In here, you will have to input your educational attainment, certificates, trainings, and language. Choose the academic level you attained, and in which year. Also, select the school you attended and the subject you studied.
Here's how to set an appointment through BM Online: Access the BM Online system. Under "Already Registered," enter your email address and password. Click the Login button. At the bottom of the OEC Number Verification pop-up, click the link for the appointment setting. Upload your latest photo.
POEA e-Registration Problems. Most of the errors here occur during the start of your registration. Logging-in problems, forgetting passwords, and verifying accounts are easy to fix. 1. Unable to Save or Update Section 2. Completing Section 2 is one of the most frustrating tasks in your e-registration journey especially if you whacked all your ...
The Philippine Overseas Employment Administration, also known as POEA, is the government agency that is in charge of regulating the employment of Filipino employees in other countries. In the following sections, we will provide responses to some of the questions that are asked the most commonly regarding the POEA. 1.
The Philippine Overseas Employment Administration stands as a crucial advocate for OFWs. Through its comprehensive programs and services, the agency ensures OFWs' welfare, rights, and support. From informative seminars to online processes and dedicated hotlines, the POEA remains committed to empowering and protecting the interests of Filipino ...
The Philippine Overseas Employment Administration (Filipino: Kawanihan para sa Empleyong Panglabas, abbreviated as POEA) was an agency of the government of the Philippines responsible for opening the benefits of the overseas employment program of the Philippines.It is the main government agency assigned to monitor and supervise overseas recruitment and manning agencies in the Philippines.
Please check this full guide tutorials of POEA e-Registration and Pre Employment Orientation Seminar PEOS online. 2021. Sundin ang bawat hakbang para maiwasa...
Definition of Terms For purposes of these Rules, the following terms are defined as follows: 1. Accreditation — refers to the grant of authority by the Administration to a foreign principal/employer to recruit and hire Filipino workers through a licensed recruitment agency for overseas employment. 2.
Step #2: Check Your Email and Activate Your Account. Next, fill in your personal particulars including your name, gender, email address, date of birth, passport number, and passport expiry date. You can choose to leave the suffix name field blank, but you must fill in other fields.
The Philippine Overseas Employment Administration (POEA) is an agency of the Government of the Philippines responsible for opening the benefits of the overseas employment program of the Philippines. ... in getting jobs from overseas employers while protecting their rights and welfare as they go out on these international assignments. In general ...
The OEC, also known as an exit clearance / pass, is a document certifying the regularity of recruitment and documentation of an OFW. It also serves as proof of their registration with the POEA. The OEC must be presented to an immigration officer at the airport when exiting the Philippines. A worker exiting without an OEC may be prevented from ...
The Philippine Overseas Employment Administration (POEA) is a government agency responsible for the protection and promotion of the welfare of Filipino migrant workers.. Established in 1982, Philippine Overseas Employment Administration (POEA) operates under the Department of Labor and Employment (DOLE) and plays a crucial role in the Philippines' labor migration management.
Simple and direct-to-the-point step-by-step guide on HOW TO CREATE INQUIRY TICKET for any mistakes (profile details) during the registration in the new syste...
To make sure, contact the POEA's hotline number (722-11-44/ 722-11-55) or send email ([email protected]) to verify the agency you are dealing with. 2. What is the meaning of Delisted besides an agency's information?
The Philippine Overseas Employment Agency (POEA) is the government agency that is established to uphold excellence in employment standards through their various programs and projects that are designed to aid and boost labor processes and make Filipinos job-ready abroad. One of these is a digital helpdesk platform, POEA Helpdesk, that serves as a one-stop site for major concerns that the office ...
The POEA has a list of Department of Health (DOH)-accredited clinics for the OFW medical screening (unfortunately, the linked list is the most updated version). They have a specific format and set ...
DEFINITION OF TERMS For purposes of these Rules, the following terms are defined as follows: a. Administration - the Philippine Overseas Employment Administration (POEA). b. Administrator - the Administrator of the POEA. c. Agency - A private employment or a manning agency as defined herein. d.
Access the POEA's online services portal to make your e-registration account. You will need this even if you're just starting to look for a job. Make sure to create only one account. Once you find a job abroad, you will use this to generate your Pre-Employment Orientation Seminar (PEOS) ID number. A PEOS ID number is a mandatory requirement ...
on 113)Question:What are the documentary requirements for the process. Answer: The following documents shall be submitted for contract processing and documentation of new hires: Request for processing (RFP) using the POEA-prescribed form indicating the following: name of OFW; position; salary;
It includes an agreed-upon hourly billing rate, cost allocation, length of assignment, and other elements used to track that specific combination of person and position. The agency will only contact the qualified applicant when the Job Order has been approved by the POEA and there is already an employer ready to interview and hire applicants.
oyment of Land based Overseas Filipino Workers.An OFW or migrant worker is defined as "a person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a State or. ountry of which the worker is not a citizen".A balik-manggagawa refers to an overseas Filipino worker who has served or is serving his/her employment ...