QuestionsQuestions (POEA MEMORANDUM CIRCULAR NO. 09, S. 2010)
It is POEA Memorandum Circular No. 09, s. 2010 (dated October 21, 2010). Its purpose is to implement compulsory insurance coverage for agency-hired OFWs under Section 37-A of RA 8042, as amended by RA 10022, and under Rule XVI of the Omnibus Rules and Regulations implementing RA 8042.
All agency-hired overseas Filipino workers (whether landbased or seabased) hired through POEA-licensed land-based recruitment or manning agencies.
It includes both landbased and seabased agency-hired OFWs.
Governing Board Resolution No. 8, s. 2010, mandating implementation of compulsory insurance coverage under Section 37-A of RA 8042 (as amended by RA 10022) and Rule XVI of the Omnibus Rules and Regulations implementing RA 8042 (as amended).
Effective for the duration of the worker’s employment contract.
At minimum: accidental death, natural death, permanent total disability, repatriation cost, subsistence allowance, settlement allowance, compassionate visit, medical evacuation, and medical repatriation.
The recruitment/manning agency or the foreign principal/employer must pay the cost.
No. The circular states that in no case shall it be charged directly or indirectly to the agency-hired OFW.
The agency must present an original copy of the insurance policy for each OFW, plus a one (1)-page document detailing the worker’s name, the principal, the insurance provider, and the insurance policy number.
Secure insurance policies from insurance companies duly licensed and certified/authorized by the Insurance Commission to underwrite insurance policies for overseas Filipino workers.
They must submit to the POEA the insurance policies/indemnity cover of their workers prior to deployment.
The insurance must be issued by an insurance provider duly licensed and certified by the Insurance Commission.
Violation by the recruitment/manning agency and/or the foreign principals is a ground for the imposition of appropriate sanctions under POEA Rules and Regulations and other applicable laws.
Fifteen (15) days from date of publication in a newspaper of general circulation.
It would constitute a violation of the circular, which the POEA treats as a ground for sanctions under POEA Rules and Regulations and other applicable laws; additionally, it is explicitly prohibited to charge the OFW directly or indirectly.