QuestionsQuestions (POEA Memorandum Circular No. 07)
To ensure that OFW employment contracts submitted during pre-departure are properly and completely filled out, especially the worker’s actual position and salary, rather than generic entries like “as per approved job order,” and to prevent contract defects that could lead to offloading during airport clearance.
The spaces for required information such as the position and salary were filled with “as per approved job order” instead of the actual job category and salary of the worker.
Because employment contracts are intended to clearly stipulate the basic terms and conditions of employment, including the worker’s position and salary; omission or failure to indicate these makes the contract legally defective.
Such defective contracts may be a ground for offloading of the workers from their intended flights by clearing authorities.
It ties proper documentation to the monitoring and clearance process at international airports and exit points, emphasizing that workers without proper documents shall not be cleared for departure.
Section 1, Rule IX, Part II of the 2002 Rules and Regulations Governing the Recruitment and Employment of Land-based Overseas Workers.
They shall not be cleared for departure.
Agencies are reminded to ensure that employment contracts signed by their hired workers are properly accomplished based on POEA-approved job orders.
No. It specifically warns that such entries are improper because the contract must reflect the actual job category and salary of the worker.
It states that reduced to mere paper compliance, which shall have legal repercussions.
It means that essential terms—particularly the worker’s position and salary—must be stated clearly in the contract so that the agreement accurately reflects the worker’s actual employment conditions.
It shall take effect immediately, as stated in the circular.
Adopted on 15 June 2015 and filed on 23 June 2015.
Hans Leo J. Cacdac (Administrator).
Because such failure makes the employment contract grossly defective, and defective or insufficient documentation can trigger non-clearance/offloading by clearing authorities.
That agencies may be treating contract signing as a checkbox, despite the requirement that contracts must accurately reflect POEA-approved job orders and contain legally essential terms; this leads to legal repercussions.
It emphasizes that proper documentation is required and is enforced through monitoring and clearing authorities at international airports and other exit points.