Thursday, September 19, 2019

Direct Hiring


GUIDELINES ON THE DIRECT HIRING OF FILIPINO HOUSEHOLD SERVICE WORKERS (DOMESTIC 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 DOMESTIC WORKERS

The following employers of domestic workers are exempted from the ban on direct hiring of domestic workers:

A. Members of the diplomatic corps
B. Heads of state and government officials with the rank of at least deputy minister; or
C. Those provided in A and B above who bear a lesser rank, if endorsed by the Philippine Overseas Labor Office (POLO); 

STEPS AND REQUIREMENTS ON THE REGISTRATION OF DIRECT-HIRES

Employer

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

A.  Standard Employment Contract for Household Service Worker (one original and one photocopy). Please click here to download the Standard Employment Contract;
B.  Undertaking of Employer (one original and one photocopy). Please click here to download the Undertaking;
C.  Work permit or IPA of the worker (two photocopies);
D.  Any valid ID of employer; and
E.  Letter of Guarantee for the Seven Thousand Singapore Dollars (SGD 7,000.00) Philippine Embassy Bondfrom any reputable insurance company in Singapore, which should be valid for two (2) years (one original and one photocopy). Note: The Philippine Embassy bond is different from the MOM bond.

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;
E.  Proof of certificate of insurance coverage covering at least the benefits provided under Section 37-A of Republic Act 8042 as amended;
F.  TESDA Skill Certification equivalent to National Certificate II (NCII) or higher;
G.  Notarized statement by the worker on how the employment was secured, attaching the photocopy of the employer’s passport/ID and contact details;
H.  Certificate of attendance to the Pre-Employment Orientation Seminar (PEOS); and
I.  Certificate of attendance to the Pre-Departure Orientation Seminar (PDOS) and Comprehensive Pre-Departure Education Program (CPDEP).