Thursday, September 19, 2019

Direct Hiring


GUIDELINES ON THE DIRECT HIRING OF FILIPINO PROFESSIONALS AND SKILLED WORKERS

Direct hiring of overseas Filipino workers (OFWs) is governed by Article 18 of the Labor Code of the Philippines, Republic Act No. 10022, Department of Labor and Employment (DOLE) Administrative Order No. 196, Series of 2018, and the Revised Philippine Overseas Employment Administration (POEA) Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino Workers of 2016.

BAN ON DIRECT HIRING OF FILIPINO WORKERS

The above-mentioned laws and regulations prohibit the direct-hiring of an overseas Filipino worker (OFW). Any employer intending to hire an OFW is, therefore, required to recruit through POEA-accredited/licensed employment/recruitment agencies.

POEA Memorandum Circular No. 8, Series of 2018 (click here for a copy) enumerates certain categories of employers who are exempted from the ban on direct hiring; and provides guidelines on the registration of direct hires with POEA.

EMPLOYERS EXEMPTED FROM THE BAN ON DIRECT HIRING OF PROFESSIONALS AND SKILLED WORKERS

The following employers are exempted from the ban on direct hiring of professionals and skilled workers:

  1. Members of the diplomatic corps;
  2. International organizations;
  3. Heads of state and government officials with the rank of at least deputy minister; or
  4. Other employers as may be allowed by the POEA, such as:
  5. Those provided in 1, 2 and 3 above who bear a lesser rank, if endorsed by the Philippine Overseas Labor Office (POLO);
  6. Employers of professionals and skilled workers with duly executed verified/authenticated contracts containing terms and conditions over and above the standards set by the POEA. The number of professionals and skills workers hired for the first by the employer shall not exceed five (5). For the purpose of determining the number, workers hired as a group shall be counted as one; or
  7. Those permanent residents of the host country who are hiring relatives/family members.

STEPS AND REQUIREMENTS ON THE REGISTRATION OF DIRECT-HIRES

Employer/Authorized Representative

1. Come to the Philippine Overseas Labor Office (POLO) of the Philippine Embassy (Singapore) and submit the following documents for verification/authentication:

A. Employment contract signed on each page by the employer or the authorized representative containing terms and conditions, which are over and above the POEA employment minimum standards (one original and one photocopy). Note: Please see Section II b & c of POEA Memorandum Circular No. 8, Series of 2018 for POEA minimum standards and additional standards for professionals and skilled workers (click here for a copy);

B. Company profile (two photocopies);

C. Business license/commercial registration of the employer (two photocopies); and

D. Work pass such as E-Pass, S-Pass, Work Permit for Non-Domestic Worker, IPA (two photocopies).

E. Passport valid at least six (6) months before the date of intended departure;

2. Upon acceptance of documents, pay the following administrative fees: Verification Fee of SG$17.00 and Authentication Fee of SG$42.50.

3. Collect the verified/authenticated documents together with POLO endorsement letter from the Philippine Embassy on the indicated date of collection. Please note that the verification and authentication process takes five (5) working days.

4. Send verified/authenticated documents to the worker being directly hired in the Philippines.

Worker

1. Proceed to the Direct Hire Assistance Division of the POEA and submit the following documents:

A. Verified/authenticated original employment contract;

B. Passport valid at least six (6) months before the date of intended departure;

C. Valid and appropriate visa or work permit;

D. Certificate of medical fitness to work from a DOH-accredited medical clinic for OFWs;

2. Proof of certificate of insurance coverage covering at least the benefits provided under Section 37-A of Republic Act 8042 as amended;

3. Notarized statement by the worker on how the employment was secured, attaching the photocopy of the employer’s passport/ID and contact details; and

4. Certificate of attendance to the Pre-Employment Orientation Seminar (PEOS) and Pre-Departure Orientation Seminar (PDOS) conducted by OWWA.