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FM-POEA

03-IR-01A

Effectivity Date: 16 May

2012

of 4

PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION

Licensing and Regulation Office

Licensing Branch, Licensing and Evaluation Division

CHECKLIST OF REQUIREMENTS FOR ISSUANCE OF LICENSE

1 . Written application for issuance

of

license

2. Applicant Information Sheet for Issuance

of

License (FM-POEA-03-IR-01 B)

3.

Proof of business registration and minimum P2 million paid-up/capitalization (whichever is applicable)

) SEC Certificate of Incorporation

Corporation

Partnership

) DTI Certificate of Business Name Registration Indicating business purpose and capital investment

4.

Proof

of

financial capacity

For Sole Proprietor:

( ) Bank certificate on savings account deposit showing a maintaining balance

of

at least

P500,000.00

) Bank Certificate

f\

the remaining balance of the 2 Million Capitalization of the agency

) Authority to examine bank deposits signed by the authorized signatory of the agency

) Individual Income Tax Returns with confirmation receipt of payment for the past 2 years of the

Proprietor

For Newly Registered Corporation/Partnership:

( ) Bank certificate on savings account deposit showing a maintaining balance of at least

PSOO,OOO.OO

( )

Bank

Certificate on the remaining balance

of

the 2 Million paid up capital of the agency

( ) Authority to examijne bank deposits signed

by

the authorized signatory of the agency

( ) Individual lncome Tax Returns with confirmation receipt of payment/Electronic payment

document

for

the

past

2

years

of

the Board

of

Directors/Partners

) SIR tax exemption certificate.

if

tax exempt •

For

Existing Corooration/Partntrship:

( ) Bank certificate on savings account deposit showing a maintaining balance of at least

P500,000.00 .

( ) Bank Certificate on the remaining balance of the 2 Million paid up capital of the agency

( ) Authority to examine bank deposits signedby the authorized signatory of the agency

( ) Audited financial statements and Corporate Income Tax Returns for the past 2 years

( ) Individual Income Tax Returns with confirmation receipt of paymentJEiectronic payment

document for the past

2

years of the Board of Directors/Partners

) BIR tax exemption certificate, if tax exempt

If applicant agency has corporate

( ) Articles of Incorporation

( ) Board Resolution/Secretary's Certificate on designated authorized representative

( ) Financial statemen t for the past

two

(2)

years

( ) Corporate Income Tax Returns with confirmation receipt of payment for the past two

.2)

years

5.

Proof of

Mai'Keting Capability

For Landbat•d

Agenctas:

( ) 8peolil

Power

of

Attorney

(SPA) recruitment

lgreem nt

verified by the Philippine

OverseliiS

l..abot Otfiee nel lri Uit the jobsite or

iliUthi l'lticoted

by the Philippine Embassy

11 1

ea86

is

htl

POLO

at

the jbbsite

) Manpowet' request/job order C f not le$8 than 100 workers verified by the POLO or

•uthenticated by the Philippine Embassy in the absence of a POLO

( ) CertifiCation from the Pre·Employment Servioes Office (PSO) that tht principal is a

new

market

( ) Business registration of the principal



FM-POEA 03-IR-01A

Effectivity Date: 16 May 2012

IN

CASE THE PRINCIPAL IS·A FOREIGN PLACEMENT AGENCY:

of

4

( ) Manpower request

of

the direct employers addressed to the Foreign Placement

Agency verified by the POL0 or authenticated by the Philippine Embassy in the absence of a .

POLO

) Certificat ion from the Pre-Employment Services Office (PSO) that the direct employers are new

markets

) License/registration of the principal to operate a placement agency

For Seabased Agencies:

( ) Special Power of Attorney (SPA) verified by Philippine Overseas Labor Office (POLO) or

authent icated by the Philippine Embassy/ Philippine Consulate in the absence

of

a POLO

) Manning agreement verified by the POLO, or authent icated by the Philippine Embassy/

Philippine Consulate in the absence

of

a POLO;

) Crew order request of not less than

50

seafarers verified by the POLO or authenticated by

the Philippine Embassy Philippine Consulate in the absence

of

a POLO

) Certification from the Pre-Employment Services Office (PSO) that the principal and vessel are

new

markets

) Business registration

of

the principal

6

Notarized Af fidavit

of

Undertakings (AU)

For Landbased Agencies

( ) AU per section

1

(f)

A Verified undertaking stating that the applicant:

1

Shall select only medically and technically qualified recruits;

2

Shall assume full and complete responsibility for all claims and liabilities which may arise

in

connection

with the use of the license;

3

Shall assume joint and solidary liability with the employer for all claims and liabilities which may arise

in connection with the implementation of the contract, including but not limited to payment

of

wages,

death and disability compensation and repatriations.

4

Shall guarantee compliance with the existing labor and social legislations of the Philippines and of the

country

of

employment

of

the recruited workers;

5 Shall assume full and complete responsibility for all acts of its officials, employees representative done

in connection with recruitment and placement.

2

Shail negotiate

for

the best terms and conditions

of

employment.

3

Shall disciose the full terms and conditions

of

employment to the applicant workers;

8.

Shall deploy

at

least 100 workers to it s new markets within one (1) year from the issuance

of

its

license;

9

Shall provide orientation on recruitment procedures, terms and conditions and other relevant

information to its workers and provide facilities therefore; and

10 Shall repatriate the deployed workers and his personal belongings when the need arises.

( ) AU

per

section 1 (g)

In case

of

corporation or partnership, ve

ri

fied undertaking by its officers. directors, partners that they will

be

jointly and severally liable with the company over claims arising from employer-employee relationship.

For Seabased Agencies

( ) AU per section 1 (e)

A verified undertaking stating that the applicant shall:

1 Provide its seafarers orientation on recruitment policies and procedures, terms and conditions of

employment and other relevant information;

2

Ensure that any seafarers recruited or deployed by them is qualified and holds the documents

necessary for the jClb concerned; ·

3. ensure that

contraotll

of

employm•nt are

irl

accordance with the standard employment contract and

oth•t aji)plicabl• laws,

regulation&

a.hd collective

bargalnlrlg agteementai

,.,

nsur• that •••filter

erit

lnf'oN'I 'ed of

their rights

and duties under tl'\tir contract• of

employment and

the

articles ot aQrlrteme

rlt tc bt lh

the procttu of engagement;

5,

Eneure

tl'uat

proper ctrrangftmantt are made for

fJQifl lr.rs

to examine their eontrac:ta of empltlyrmtl'lt

and

artiCles of agreement before

and

tafter th&y

art

llgned and for

to receive a

opy of

the

contract of

employment;

e Ensure

that

the

veasel/s and

the crew are adequately

covered by

P & I Club

or

aimlllr lhauranoe thru

the submission of the certificate of insurance coverage;

7 Assume full and complete responsibility for all claims and liabilities which may arise

In

connection with

the use

of

the license;



•.

FM-POEA 03-IR-01A

Effectivity Date:

16

May 2 12

of

4

a Assume joint and solidary liability with the employer for all claims and liabilities which may arise in

connection with the implementation of the employment contract, including but not limited to wages,

death and disability compensation and their repatriation;

9 . Guarantee compliance with the applicable labor, social and maritime legislations of the Philippines,

and applicable regulations

of

the flag state and international organizations such

as

the International

Maritime Organization (IMO) and· he International Labor Organization (ILO);

10. Assume full and complete responsibility for all acts

of

its officials, employees and representatives done

in connection with recruitment and placement; ·

11. Deploy at least fifty 50) seafarers to

its

new market within one-year from issuance of its license which

shall also be a condition to the accreditation of old principals; and

12. Repatriate the deployed seafarers when the need arises.

( ) AU per section 1 (f)

In

case of corporation or partnership, verified undertaking by officers, directors and partners that they will

be jointly and severally liable with the company over claims arising from employer-employee relationship.

7 Board of Directors/Partners/Proprietor, Officers and Staff

( ) Bio-data with 2 copies of passport size pictures

( ) NBi Clearance

( ) · Police Clearance or its equivalent document from country of origin if foreigner

( ) Anti-Illegal Recruitment Branch clearance

( ) Individual letters of appointment for staff providing specific functions

8 Proof of bachelor s degree and 3 years business experience of the Proprietor/President/Partner

or

the

Chief Executive Officer

( ) College Diploma

( ) Certificate of employment or business registration of the company owned

by

the Proprietor/President/Partner or the Chief Executive Officer, if applicable

9

) Certificate of Attendance

of

the Proprietor/President/Partner or the Chief Executive

Officer to the Pre-Licensing Orientation Seminar.

10 ) Proof of publication of notice of application with names of the

11

12.

13.

14.

•

*

Proprietor/President/Partners, Incorporators and Officers

) Contract of lease or proof of building ownership indicating the office address and

office space of at least 1

00

square meters

Human resource development plan

Organizational chart, staffing pattern with job description.

Additional Requirements

For applications presenting Overseas Perlorming Artists

as

new market

( ) Affidavit of Undertaking

by

the Proprietor/President or Partner on deployment of other skills

Other requirements on proofs

of

sources of investment which may be asked quring the panel interview:

1 employment certificate indicating salaries. allowances and other benefrts

2

passbooks/bank statement

3

proof of loans or mortgaged properties

4 deed of sale, old and new titles of real estate property

FOR UPGRADING OF I ICENSE:

f

LICeNSE

For landbaaed agencies:

( ) Deployment

of

1

00

worker• to new p,·incipals within .1 year from itsuance of provisional license

For agencies:

( ) Deployment of

50

seafarers to new principals and vessels within 1 year from Issuance of

provisional license



F:.M-POEA 03-IR-01A

Effectivity Date: 16 May 2012

Important

information instructions before

filing

an application for a license:

of 4

1.

Only applications with

complete

requirements/documents as indicated

in

the checklist shall be

received. Applications with incomplete documents shall be automatically returned without action

2. In a folder, arrange documents according to the sequence of requirements as indicated

in

the

checklist of requirements. Submit to Licensing Branch, POEA, 4

h Floor,

BFO

Building.

3. Application may be followed-up 7 days from the date of filing of application. Only authorized

representative shall be allowed to follow-up or transact business with POEA.

4. After evaluation of documents and ocular inspection of agency premises, applicant shall

be

required

to pay filing fee of ?10,000.00 before the panel interview.

5.

Where an application is denied, filing fee, being non-refundable, is deemed forfeited.

Post Approval Requirements:

Upon approval of an application for issuance of license, the Certificate of License shall be released

only upon compliance/submission

of

the following:

1. Payment of

license fee ·in the amount of PSO OOO .

2.

Three (3) copies of escrow agreement in the amount of P1 million with bank confirmation of

escrow deposit with an accredited reputable bank. A standard form of the escrow agreement is

available at the Licensing and Evaluation Division

3. Original copy of a surety bond

in

the amount of P100.000.00 together with original copy of the

offteial receipt from a bonding company acceptable to the POEA. The surety bond shall include

the following conditions:

a. It shall answer for all valid and legal claims arising from violation of the conditions

for the . grant and use of the license and/or accreditation and contracts of

employment.

b. Guarantee compijance with the Labor Code and its implementing rules and

regulations, relating to recruitment and placement, rules of the POEA and relevant

issuances of the Department and all liabilities which the Administration may impose.

c. That notice to the principal is notice to the surety and that any judgment against the

principal

in

connection with matters falling under POEA s/NLRC s jurisdiction shall

be binding and conclusive on the surety.

d. That the surety bond shall be co-terminus with the validity of the license.,

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