poea rules and regulations governing the recruitment and employment of land-based overseas workers...

7/31/2019 POEA RULES AND REGULATIONS GOVERNING THE RECRUITMENT AND EMPLOYMENT OF LAND-BASED OVERSEAS WORKERS February 4, 2002 (PAR

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POEA RULES AND REGULATIONSGOVERNING

THE RECRUITMENT AND EMPLOYMENT OFLAND-BASED OVERSEAS WORKERS

February 4, 2002

PART IGeneral Provisions

RULE IStatement of Policy

It is the policy of the Administration:

a. To uphold the dignity and fundamental human rights of Filipino migrant workers andpromote full employment and equality of employment opportunities for all;

b. To protect every citizen desiring to work overseas by securing the best possible terms andconditions of employment;

c. To allow the deployment of Filipino migrant workers only in countries where their rights are

protected;

d. To provide an effective gender-sensitive mechanism that can adequately protect andsafeguard the rights and interest of Filipino migrant workers;

e. To disseminate and allow free flow of information which will properly prepare individualsinto making informed and intelligent decisions about overseas employment;

f. To ensure careful selection of Filipino workers for overseas employment in order to protectthe good name of the Philippines abroad;

g. To institute a system to guarantee that migrant workers possess the necessary skills,

knowledge or experience for their overseas jobs;

h. To recognize the participation of the private sector in the recruitment and placement ofoverseas workers to serve national development objectives;

i. To deregulate recruitment activities progressively taking into account emergingcircumstances which may affect the welfare of migrant workers;

j. To support programs for the reintegration of returning migrant workers into Philippinesociety; and

k. To cooperate with duly registered non-government organizations, in a spirit of trust and

mutual respect, in protecting and promoting the welfare of Filipino migrant workers.


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RULE II

Definition of Terms

For purposes of these Rules, the following terms are defined as follows:1. Accreditation shall refer to the grant of authority to a foreign principal to recruit and hire

Filipino workers through a licensed agency for overseas employment.

2. Administration shall refer to the Philippine Overseas Employment Administration(POEA).

3. Administrator shall refer to the Administrator of the POEA.

4. Agency shall refer to a private employment agency as defined herein.

5. Corporate Recruitment shall refer to the act of providing the required manpower for allfacets of an overseas project.

6. Department

shall refer to the Department of Labor and Employment (DOLE).

7. Derogatory record refers to the existence of negative information such as, but notlimited to, illegal recruitment, falsification, swindling or estafa, and/or conviction for crimesinvolving moral turpitude.

8. Documentation cost shall refer to actual cost incurred in the documentation of anapplicant-worker in relation to his/her application for overseas employment, such as, but notlimited to passport, NBI/Police/Barangay clearance, authentication, birth certificate,Medicare, PDOS, trade test, inoculation and medical examination fees.

9. Employment Contract shall refer to an individual written agreement between the

foreign principal/employer and the worker which is based on the master employmentcontract.

10. Foreign Placement Agency shall refer to a foreign principal indirectly engaging theservices of Overseas Filipino Workers.

11. Joint and Solidary Liability refers to the nature of liability of the principal/employer andthe recruitment/placement agency, for any and all claims arising out of the implementationof the employment contract involving Filipino workers for overseas deployment. It shalllikewise refer to the nature of liability of officers, directors, partners with the company overclaims arising from employer-employee relationship.

12. License

shall refer to the document issued by the Secretary or his duly authorizedrepresentative authorizing a person, partnership or corporation to operate a privateemployment agency.

13. Master Employment Contract shall refer to the model employment agreementsubmitted by the foreign principal for verification and approval which contains the terms andconditions of employment of each worker hired by such principal.

14. Name Hire shall refer to a worker who is able to secure an overseas employmentopportunity with an employer without the assistance or participation of any agency.

15. New Market shall refer to a principal or a foreign placement agency which is not in the

active list of registered or accredited principals/foreign placement agencies for the past sixmonths or more or which has never been registered or accredited to any licensed land-


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based agency; Provided that in the case of a foreign placement agency, its directemployer(s) are identified and are likewise not in the active list of registered or accreditedemployer of any licensed land-based agency for the past six months or more or has notbeen registered or accredited to any licensed land-based agency;

16. NLRC shall refer to the National Labor Relations Commission.

17. Non-Licensee

shall refer to any person, partnership or corporation who has no validlicense to engage in recruitment and placement of Overseas Filipino Workers or whoselicense is suspended.

18. Overseas Employment shall refer to employment of a Filipino worker outside thePhilippines covered by a valid contract.

19. Overseas or Migrant Filipino Worker shall refer to any person, eighteen years of ageor above, as provided in RA 8042, who is to be engaged, or is engaged or has beenengaged in a remunerated activity in a state of which the worker is not a legal resident;

20. Placement Fee shall refer to the amount charged by a private employment agency from

a worker for its recruitment and placement services, as prescribed by the Secretary.

21. Principal shall refer to a foreign person, partnership, or corporation hiring Filipinoworkers through a licensed agency.

22. Private Employment Agency shall refer to any person, partnership or corporationengaged in the recruitment and placement of workers for a fee, which is charged, directly orindirectly, from the workers or employers or both.

23. Provisional License refers to a license issued to a new agency with a limited period ofone (1) year within which an applicant shall comply with its undertaking to deploy 100workers to its new market.

24. Recruitment Agreement shall refer to an agreement by and between the principal andthe private employment agency or the Administration defining their rights and obligations.

25. Recruitment and Placement shall refer to any act of canvassing, enlisting, contracting,transporting, utilizing, hiring or procuring workers and includes referrals, contract services,promising or advertising for employment abroad, whether for profit or not; provided that anyperson or entity which, in any manner, offers or promises for a fee employment to two ormore persons shall be deemed engaged in recruitment and placement.

26. Registration shall refer to the act of recognizing and entering in the official records ofthe Administration the existence of a foreign principal/employer or project whose

documents have been verified in the job site by the appropriate officials of the Philippinegovernment. It shall also refer to the act of entering in the official records of theAdministration the names of name hires and workers on leave who will depart for overseasemployment.

27. SEC shall refer to the Securities and Exchange Commission.

28. Secretary shall refer to the Secretary of Labor and Employment.

29. Service Contractor shall refer to any person, partnership or corporation duly licensedby the Secretary of Labor and Employment to recruit workers for its accredited projects orcontracts overseas.


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30. Service Fee shall refer to the amount charged by a licensee from its foreign principal aspayment for actual services rendered in relation to the recruitment and placement ofworkers.

31. Special Recruitment Authority shall refer to the authority granted to an agency toconduct recruitment outside its registered business address approved by the

Administration.

32. Valid Employment Contract shall refer to an individual written agreement between theforeign principal/employer and the worker which is based on the master employmentcontract approved by the Administration.

33. Verification shall refer to the act performed by a Philippine Overseas Labor Officer, orany other officer designated by the Secretary of Labor and Employment in the PhilippineEmbassy or Consulate, in reviewing and verifying the recruitment documents of foreignprincipals, including the employment contracts of Filipino nationals, with the view toestablish the existence of the employing person, company or project, its capability to hireworkers at the acceptable rates, and at desirable working conditions in conformity with theminimum standards prescribed by the Administration and taking into consideration the labor

laws and legislations of the host government.

34. Worker-on-Leave shall refer to an overseas worker who is on vacation or on leave andis returning to the same employer. (Rule II, Part I, Ibid.).


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All applicants for issuance/renewal of license shall be required to submit

clearances from the National Bureau of Investigation and Anti-IllegalRecruitment Branch, POEA, including clearances for their respective officersand employees.

e. Any official or employee of the DOLE, POEA, OWWA, DFA and other

government agencies directly involved in the implementation of R.A. 8042,otherwise known as Migrant Workers and Overseas Filipino Act of 1995 and/orany of his/her relatives within the fourth civil degree of consanguinity or affinity;and

f. Persons or partners, officers and Directors of corporations whose licenses havebeen previously cancelled or revoked for violation of recruitment laws. (Section2, Rule I, Part II, Ibid.).

RULE II

Issuance of License

SECTION 1. Requirements for Licensing. Every applicant for license to operate aprivate employment agency shall submit a written application together with the followingrequirements:

a. A certified copy of the Articles of Incorporation or of Partnership duly registered with theSecurities and Exchange Commission (SEC), in the case of corporation or partnershipor Certificate of Registration of the firm or business name with the Department of Tradeand Industry (DTI), in the case of a single proprietorship;

b. Proof of financial capacity: In the case of a single proprietorship or partnership, verified

income tax returns of the proprietors or partners for the past two (2) years and asavings account certificate showing a maintaining balance of not less thanP500,000.00, provided that the applicant should submit an authority to examine suchbank deposit.

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

d. Proof of marketing capability

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

2. Manpower request(s) or visa certification from new employer(s)/principal(s) for notless than one hundred (100) workers; and

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

e. Clearance of all members of the Board of Directors, partner, or proprietor of the

applicant agency from the National Bureau of Investigation (NBI) and other governmentagencies as may be required; appropriate clearance in case of persons with criminal


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SECTION 8. Change of Ownership/Relationship of Single Proprietorship orPartnership. Transfer or change of ownership of a single proprietorship licensed toengage in overseas employment shall cause the automatic revocation of the license.

A change in the relationship of the partners in a partnership duly licensed to engage inoverseas employment which materially interrupts the course of the business or results inthe actual dissolution of the partnership shall likewise cause the automatic revocation of thelicense. (Section 8, Rule II, Part II, Ibid.).

SECTION 9. Upgrading of Single Proprietorship or Partnerships. License holderswhich are single proprietorships or partnerships may, subject to the guidelines of the

Administration, convert into corporation for purposes of upgrading or raising theircapabilities to respond adequately to developments/changes in the international labormarket and to enable them to better comply with their responsibilities arising from therecruitment and deployment of workers overseas.The approval of merger, consolidation or upgrading shall automatically revoke or cancel thelicenses of the single proprietorships, partnerships or corporations so merged, consolidatedor upgraded. (Section 9, Rule II, Part II, Ibid.).

SECTION 10. Derogatory Record After Issuance/Renewal of License. The license

of a single proprietorship or a partnership shall be suspended until cleared by theAdministration should any derogatory record be found to exist against the singleproprietorship or any or all of the partners, as the case may be. The appointment of anyofficer or employee of any licensed agency may be cancelled or revoked at any time withdue notice to the agency concerned, whenever said officer or employee is found to haveany derogatory record, as herein contemplated. (Section 10, Rule II, Part II, Ibid.).

SECTION 11. Appointment/Change of Officers and Personnel. Every appointmentof agents or representatives of a licensed agency shall be subject to prior approval orauthority of the Administration. The acknowledgment or approval may be issued uponsubmission of or compliance with the following:

a. proposed appointment or special power of attorney;

b. clearances of the proposed representative or agent from National Bureau ofInvestigation (NBI)/Anti-Illegal Recruitment Branch, POEA; and

c. sworn or verified statement by the designating or appointing person or companyassuming full responsibility for all acts of the agent or representative done inconnection with the recruitment and placement of workers.

Every change in the composition of the Board of Directors of a corporation, appointment ortermination of officers and personnel shall be registered with the Administration within thirty(30) calendar days from the date of such change. The agency shall be required to submit

the minutes of proceedings duly certified by SEC in case of election of new members of theBoard of Directors with their bio-data, ID pictures and clearances.The Administration reserves the right to deny the acknowledgment or appointment ofofficers, employees and representatives who were directly involved in recruitmentirregularities. (Section 11, Rule II, Part II, Ibid.).

SECTION 12. Publication of Change of Directors/Other Officers andPersonnel/Revocation or Amendment of Appointment of Representatives. Inaddition to the requirement of registration with and submission to the Administration, everychange in the membership of the Board of Directors, termination for cause of other officersand personnel, revocation or amendment of appointment of representatives shall bepublished 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 12, Rule II, PartII, Ibid.).


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application shall be considered sufficient if the applicant has substantially complied with therequirements for renewal. (Section 18, Rule II, Part II, Ibid.).

SECTION 19. Action on Renewal of License. Within forty eight (48) hours fromreceipt of the application for renewal with the complete requirements, the Administrationshall undertake evaluation and inspection and determine the grant or denial of theapplication. Licenses of agencies which fail to meet the requirements set by the

Administration shall not be renewed.

Only applications for renewal submitted with complete requirements shall be processed.(Section 19, Rule II, Part II, Ibid.).

SECTION 20. Late Filing of Renewal. Any agency which failed to file an applicationfor renewal of license may be allowed to renew within thirty (30) days from expiry thereofbut shall pay a fine of P10,000.00. (Section 20, Rule II, Part II, Ibid.).

SECTION 21. Escrow Deposit as Garnished. As soon as an Order or Notice ofGarnishment is served upon the Bank, and the same is correspondingly earmarked, thedeposit in escrow of an agency shall no longer be considered sufficient. The Administration

shall forthwith serve the agency a notice to replenish its escrowdeposit. (Section 21, Rule II, Part II, Ibid.).

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

SECTION 23. Release of Deposit in Escrow. A licensed agency which voluntarilysurrenders its license shall be entitled to the release of the deposit in escrow, only afterposting a surety bond of similar amount valid for four (4) years from expiration of license

and submission of the necessary clearances from the National Labor RelationsCommission (NLRC) and the Administration. (Section 23, Rule II, Part II, Ibid.).

SECTION 24. Classification, Ranking and Incentives. The Administration shallundertake the classification and ranking of agencies. In recognition of their exemplaryperformance, the Administration shall issue guidelines for entitlement of agencies toschemes for incentives and rewards such as extension of validity of license, expressprocessing and in-house documentation. (Section 24, Rule II, Part II, Ibid.).

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