 
|
||
 |
|
|
|
About Us • Directory • Services • Statistics • Advisory • News Release • Tips |
||
|
RULE
I - GENERAL STATEMENT OF POLICY It shall be the
policy of the Administration to: a.
Promote and develop overseas employment opportunities in cooperation
with relevant government institutions and the private sector; b.
Establish the environment conducive to the continued operations of
legitimate, responsible and professional private agencies; 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. RULE II -
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.
Allotee – any person named or designated by the overseas contract
workers as the recipient of his remittance to the Philippines. e.
Balik-Mangagawa (Vacationing Worker) – a landbased 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.
Beneficiary – 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.
Center – the POEA Regional Center in Cebu and such other regional
centers as may hereinafter be established. h.
Code – the Labor Code of the Philippines as amended. i.
Collective Bargaining Agreement – 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.
Contract Worker – any person working or
who has worked overseas under a valid employment contact. k.
Department – the Department of Labor and Employment (DOLE). l.
Directorate – the executive body of the
Administration composed of its Administrator, Deputy Administrators and
Directors as defined herein. m.
Director-LRO – the Director of the Licensing and Regulation Office. n.
Director-PSO – the Director of the Pre-Employment Services Office. o.
Director-AO – the Director of the Adjudication Office. p.
Director WEO – the Director of the Welfare and Employment Office. q.
Employer – any person, partnership or corporation, whether local or
foreign, directly engaging the services of Filipino workers overseas. r.
Foreign Exchange (Forex) Earnings – the
earnings in terms of US dollars (US$) or any other acceptable foreign
currency of overseas workers and agencies. s.
Governing Board – the policy-making body of the Administration. t.
Government-to-Government Hiring –
recruitment and placement of Filipino workers by foreign government
ministries or instrumentalities through the Administration. u.
Job Fair – 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.
License – a document issued by the Secretary authorizing a person,
partnership or corporation to operate a private employment agency or a
manning agency. w.
Manning Agency – any person, partnership or corporation duly
licensed by the Secretary to recruit seafarers for vessel plying
international waters and for related maritime activities. x.
Manning Agreement – 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.
Commission – the National Labor Relation Commission. z.
Name Hire – a worker who is able to secure employment overseas on
his own without the assistance or participation of any agency. aa.
Non-Licensee – 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.
One-Stop Processing Center – an inter-agency servicing body
designed to facilitate the documentation of contract workers. cc.
Overseas Employment – employment of a worker outside the
Philippines including employment on board vessels plying international
waters, covered by a valid employment contract. dd.
Philippine Shipping Company – 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.
Philippine Registered Vessel – vessels duly registered in the
Philippines. ff.
Placement Fee – the amount charged by a private employment agency
from a worker for its services in securing employment. gg.
Principal – any foreign person, partnership or corporation hiring
Filipino workers through an agency. hh.
Private Employment Agency – 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.
Recruitment Agreement – 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.
Recruitment and Placement – 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.
Regional Director – the head of the Regional Offices of the
Department. ll.
Regional Extension Unit – the field offices of the Administration
in designated regions in the Philippines. mm.
Regional labor Center (RLC) – the
regional field office of the Administration. nn.
Regional Offices – the regional office of the Department of Labor
and Employment. oo.
Remittance – the amount or portion of the foreign exchange earnings
sent by the worker to the Philippines. pp.
Secretary – the Secretary of Labor and Employment. qq.
Service Fee – 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.
Valid Employment Contract – 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.
Verification – 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. BOOK II
LICENSING
AND REGULATION
RULE I PARTICIPATION
OF THE PRIVATE SECTOR IN THE OVERSEAS EMPLOYMENT PROGRAM Section 1.
Qualifications for Participation in the Overseas Employment Program.
Only applicants who possess the following qualifications may be permitted to
participate in the overseas employment program: a.
Filipino citizens, partnerships or
corporations at least seventy five percent (75%) of the authorized and
voting capital stock of which is owned and controlled by Filipino citizens; b.
A minimum capitalization of One Million
Pesos (P1,000,000.00) in case of a single proprietorship or partnership and
a minimum paid-up capital of One Million Pesos (1,000,000.00) in
case of a corporation; and c.
Those not otherwise disqualified by law or
these guidelines to engage in the recruitment and placement of workers for
overseas employment. Section 2.
Disqualifications. The following are not qualified to participate in the
recruitment and placement of Filipino workers overseas: a.
Travel agencies and sales agencies of
airline companies; b.
Officers or members of the Board of any
corporation or members in a partnership engaged in the business of a travel
agency c.
Corporations and partnerships, when any of
its officers, members of the board or partners, is also an officer, member
of the board of partner of a corporation or partnership engaged in the
business of a travel agency; d.
Persons, partnerships or corporations which
have derogatory records such as, but not limited to overcharging of
placement or documentation fees, false documentation, illegal recruitment
and swindling or estafa, or those convicted of crimes involving moral
turpitude; e.
Persons employed in the Department or in
other government offices directly involved in the overseas employment
program, and their relatives within the fourth degree of consanguinity or
affinity; and f.
Persons, partners, officers and Directors
of corporations whose license has been previously cancelled or revoked for
violation of the Labor Code, or its implementing rules, or other relevant
laws, decrees, rules and regulations, and issuances. RULE
II ISSUANCE
OF LICENSE Section 1.
Requirements for Issuance of License.
Every applicant for license to operate a private employment agency or
manning agency shall submit a written application together with the
following requirements: a.
A certified copy of the Articles of Incorporation or of Partnership
duly registered with the Securities and Exchange Commission (SEC), in the
case of corporation or partnership or Certificate of Registration of firm or
business name with the Bureau of Domestic Trade (BDT) in the case of a
single proprietorship; b.
Proof of financial capacity: In
the case of a single proprietorship or partnership, verified income tax
returns for the past two (2) years and a bank certificate of a cash deposit
of P250,000.00, provided that the applicant should submit an authority to
examine such bank deposit. 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; For
land-based applicants: An
applicant with an actual principal/foreign employer to be serviced, shall at
the time of application submit the following documents for evaluation: (1)
A duly executed Special Power of Attorney authenticated by the
Philippine Embassy/Consulate or Labor Attache in the place where the
principal/employers hold their office; or (2)
A concluded service/recruitment agreement authenticated by the
Philippine Embassy/Consulate, or Labor Attache in the place where the
project/job site is located; (3)
An authenticated manpower mobilization request or visa approval of
not less than fifty (50) workers for deployment within a period not
exceeding six (6) months from issuance of approved license; An
applicant who, at the time of application is unable to present a foreign
principal/employer shall, upon compliance with all other licensing
requirements as herein provided, be issued a provisional license, subject to
submission of a verified undertaking to deploy at least fifty (50) workers,
exclusive of direct hired, within a period not exceeding six (6) months from
date of issuance of provisional license.
It is understood that failure to comply with this undertaking shall
result in the automatic revocation of the provisional license. For manning
applicants: (1)
A duly executed Special Power of Attorney authenticated by the
Philippine Embassy/Consulate or Labor Attache in place where the vessel
owners/operators/manager hold their principal office; or (2)
A duly concluded manning agreement authenticated by the Philippine
Embassy, Consulate, or Labor Attache in the place where the
vessel/owners/operators/ manager hold their principal office; 3)
A manpower mobilization request of not less than fifty (50) seafarers
for deployment within a period not exceeding six (6) months from issuance of
approved license. f.
A verified undertaking stating that the
applicant: (1)
Shall select only medically and technically
qualified recruits, (2)
Shall assume full and complete
responsibility for all claims and liabilities which may arise in connection
with the use of license, (3)
Shall assume joint and solidary liability
with the employer for all claims and liabilities which may arise in
connection with the implementation of the contract, including but not
limited to payment of wages, death and disability compensation and
repatriation; (4)
Shall guarantee compliance with the
existing labor and social legislations of the Philippines and of the country
of employment of recruited workers, and (5)
Shall assume full and complete
responsibility for all acts of its officials, employees and representatives
done in connection with recruitment and placement; g.
List of all officials and personnel
involved in the recruitment and placement, together with their appointment,
bio-data and two (2) copies of their passport-size pictures. h.
Copy of contract of lease or proof of
building ownership together with office address. Section 2.
Action on the Application. 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.
Issuance of License. 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.
Payment of Fees and Posting of Bonds.
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 Code and its implementing rules and regulations relating to recruitment
and placement, the Rules of the Administration and relevant issuances of the
Department and all liabilities which the Administration may impose.
The surety bonds shall include the condition “that notice to the
principal is notice to the surety and that any judgment against the
principal in connection with matters falling under POEA’s 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.
Validity of License. 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 Code 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.
Non-Transferability of License.
No license shall be transferred, conveyed or assigned to any person,
partnership or corporation. It shall not be used directly or indirectly by any person,
partnership or corporation other than the one in whose favor it was issued.
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.
Change of Ownership/Relationship of Single Proprietorship or
Partnership. Transfer or change
of ownership of a single proprietorship licensed to engage in overseas
employment shall cause the automatic revocation of the license.
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.
Upgrading of Single Proprietorship or Partnerships.
License holders which are single proprietorships or partnerships may,
subject to the guidelines of the Administration, convert into corporation
for purposes of upgrading or raising their capabilities to respond
adequately to developments/changes in the international labor market and to
enable them to better comply with their responsibilities arising from the
recruitment and deployment of workers overseas. The approval of
merger, consolidation or upgrading shall automatically revoke or cancel the
licenses of the single proprietorships, partnerships or corporations so
merged, consolidated or upgraded. Section 9.
Change of Directors of Corporation.
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.
Change of Other Officers and Personnel.
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.
Appointment of Representatives.
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: a.
Proposed appointment or special power of attorney; b.
Clearances of the proposed representative or agent from NBI; c.
A sworn or verified statement by the designating or appointing person
or company assuming full responsibility for all acts of the agent or
representative done in connection with the recruitment and placement of
workers; Section 12.
Publication of Change of Directors/Other Officers and Personnel/
Revocation or Amendment of Appointment of Representatives.
In addition to the requirement of registration with and submission to
the Administration, every change in the membership of the Board of
Directors, 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.
Transfer of Business Address and Studio.
Any transfer of business address shall be effected only with prior
authority or approval of the Administration.
The approval shall be issued only upon formal notice of the intention
to transfer with the following attachments: a.
Copy of the company’s notice to the BDT
or the SEC on the transfer of business address. b.
In the case of a corporation, a Board
Resolution duly registered with the SEC authorizing the transfer of business
address; c.
In the case of a single proprietorship, a
copy of the BDT’s acknowledgement of the notice to transfer; and d.
Copy of the contract of lease or proof of
building ownership. 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.
Establishment of Executive Office.
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.
Establishment of Branch and Extension Offices.
Branch and extension offices may be established in areas approved by
the Secretary, subject to implementing guidelines. Section 16.
Conduct of Recruitment Outside of Registered Office, Branch or
Extension Office. 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.
Renewal of License. An
agency shall submit an application for the renewal thereof to the
Administration. Such
application shall be supported by the following documents: a.
Proof of foreign exchange earnings issued by the Central Bank; b.
Surety bond duly renewed or revalidated; 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.
Replenishment of the cash bond in case such or any part thereof is
garnished; e.
Proof of financial capacity such as but not limited to verified
financial statements for the past two (2) years, verified corporate or
individual tax returns with confirmation receipts, and compliance with
capitalization requirements and infusion thereof as the case may be, as
certified by the Securities and Exchange Commission; f.
Summary of deployment reports during the validity of the license
sought to be renewed; g.
Summary of payroll reports in case of contractors and manning
agencies during the validity of the license sought to be renewed; and h.
Other requirements as may be imposed by the Administration. Section 18.
Non-expiration of License. Where
the license holder has made timely and sufficient application for renewal,
the existing license shall not expire until the application shall have been
finally determined by the Administration. Section 19.
Action on Renewal of License. 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.
Failure to Renew. 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.
Denial of Renewal of Licenses. 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.
When to Consider Cash Bond/Deposit in Escrow Garnished.
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.
Replenishment of Cash or Surety Bonds/Deposit in Escrow.
Within fifteen (15) calendar days from date of receipt of notice from
the Administration that the bonds/deposit in escrow, or any part thereof had
been garnished, the agency shall replenish the same.
Failure to replenish such bonds/deposit in escrow within the said
period shall cause the suspension of the license. Section 24.
Refund of Cash Bond/Release of Deposit in Escrow.
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.
Evaluation of Performance of Agencies.
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.
Classification and Ranking. The
Administration may undertake the classification and ranking of agencies.
In recognition of exemplary performance, it may undertake schemes for
incentives and rewards. RULE
III REGISTRATION
OF PHILIPPINE REGISTERED VESSELS Section 1.
Registration of Philippine Shipping Companies.
Philippine shipping companies which own/manage/operate Philippine
registered vessels plying international waters shall submit the following
documents for special registration. a.
MARINA Certificate of Accreditation. b.
A certified copy of the Articles of Incorporation duly registered
with the Securities and Exchange Commission, in the case of corporation or
partnership or certificate of registration of firm or business name with the
Bureau of Domestic Trade in the case of single proprietorship; 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.
Validity Period of Special Registration. 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 Code 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.
Requisites for Renewal. The Philippine
company shall submit an application for the renewal thereof to the
Administration. Such application shall be supported by the following
documents. a.
Renewed surety bond in the amount of P200,000.00 b.
Copy of MARINA Certificate of Accreditation. RULE
IV INSPECTION
OF AGENCIES Section 1.
Inspection Before Licensing. Before
issuance or renewal of a license, the Administration shall conduct an
inspection of the premises and pertinent documents of the applicant. Section 2.
Inspection of Agencies. 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.
Authority to Inspect. 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.
Subject of Inspection. Depending on the purpose of inspection, the
Administrator or his duly authorized representative may inspect the premises
and require the presentation of necessary documents, records and books of
accounts of the agency and examine the same. Section 5.
Inspection Procedures. a.
Inspection shall be conducted by a team of at least two (2) duly
authorized persons during office hours, unless otherwise authorized in
accordance with Section 3 of this Rule; b.
Inspection shall be conducted in the presence of the manager of the
office or any responsible office personnel who shall be furnished with a
copy of the inspection report immediately after inspection; and, 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.
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. RULE
V PLACEMENT
FEES AND DOCUMENTATION COSTS. Section 1.
Fees Chargeable Against Principals.
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. Fees/
Costs Chargeable from Workers. a.
Private employment agencies may charge placement fees as may be
authorized by the Secretary from a hired worker to cover costs of placement
and documentation services such as trade or skill testing, medical
examination, passport, visa, clearances, inoculation, airport terminal fee,
notarials, among others. The above charge
shall be collected from a hired worker only after he has signed the
employment contract and shall be covered by receipts clearly showing the
amount paid. b.
Manning agencies shall not charge any fee from seafarer-applicants
for its recruitment and placement services. Section 3.
Prohibition on Charging of Other Fees.
No other fees or charges including processing fees shall be imposed
against any worker, except when authorized by law. Section 4.
Seafarer’s Welfare Fund Contribution.
Every seafarer processed for deployment abroad shall contribute to
the seafarer’s Welfare Fund. Section 5.
Charges Deductible from Fees by Withdrawing Workers.
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. RULE
VI ADVERTISEMENT FOR OVERSEAS JOB VACANCIES Section 1. Advertisements for Publication
or Broadcasts of Job Vacancies of Accredited Foreign Principal or Project on
Print, Radio or Television. 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: a.
Name, address and POEA license number of the agency; b.
Name and/or accreditation number of the project and/or principal and
work site; and c.
Skill categories and qualification standards. Section 2.
Advertisement for Manpower Pooling by Agencies.
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: a. Name, address and POEA license number of the agency; b. Work site of prospective principal/project; c. Skill
categories and qualification standards. Section 3.
Press Releases on Recruitment. 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.
Sanctions. 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 Advertisers for Overseas Job Vacancies.
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. RULE
VII TRADE
TEST AND MEDICAL EXAMINATION FOR OVERSEAS EMPLOYMENT Section 1. When
to conduct trade tests. Trade tests for workers for overseas employment
shall be conducted only after the agency and/or its principal has
interviewed the worker and the latter has pre-qualified for an existing
overseas position duly covered by an approved job order by the
Administration. Section 2.
Scope of Trade Tests. The agency shall ensure that unless otherwise stated
in the agency trade test referral slip, the pre-employment test shall only
be for the skill category the worker has applied for. Section 3.
When to conduct the Medical Examination. Medical examination of workers for
overseas employment shall be conducted only after the agency and/or its
principal shall have interviewed and trade tested or have pre-qualified the
worker for an existing overseas position duly covered by an approved job
order. RULE
VIII MANDATORY
PERSONAL ACCIDENT AND LIFE INSURANCE, WAR RISK INSURANCE AND WAR RISK
PREMIUM PAY Section 1.
Mandatory Personal Accident and Life Insurance Requirement. 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.
Identification of War Risk Areas. 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.
Mandatory War Risk Insurance for Landbased Workers.
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.
Duration of Insurance Coverage.
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.
War Risk Premium Pay for Seafarers. 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.
Benefits and Compensation Awarded to Beneficiary.
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.
RULE
IX DEPARTURE
OF CONTRACT WORKERS Section 1.
Labor Assistance Center (LAC). 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.
POEA clearance for Special Cases.
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.
Coordination with Government Functionaries. 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. RULE
X LEGAL
ASSISTANCE AND
ENFORCEMENT MEASURES Section 1.
Acts Constituting Illegal Recruitment. All
recruitment activities as defined under Section 2 Rule I,
Book VI of these
Rules and all prohibited practices under Article 34 of the Code
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.
Anti-Illegal Recruitment Programs.
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: a.
Providing legal assistance to victims
of illegal recruitment
and related cases as well as
recruitment violations which are
administrative or criminal in
nature; b.
Prosecution of illegal recruiters; 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.
Legal Assistance.
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 counseling
assistance during preliminary
investigation and hearings. Section 4.
Filing of Complaints for Illegal
Recruitment. 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: a.
The name/s and address/es of the
complainant/s; b.
The name/s and address/es of the alleged
offender/s. Where the
offender is a corporation partnership
or association, the officer/s responsible
for the act/s as charged shall as
far as practicable be individually and specifically named; c.
The specific act/s and/or omissions
complained of as constituting the offense; d.
The date, place and approximate time when the alleged act/s and/or omission
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 Section 5. Action
on the Complaint/Report. 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 | ||
