QuestionsQuestions (POEA MEMORANDUM CIRCULAR NO. 17, S. 1992)
It aims to maximize the share of Filipino workers in the Malaysian labor market and to facilitate the deployment of Filipino workers to Malaysia by setting guidelines to govern recruitment.
The requirements are: (1) Authenticated Special Power of Attorney; (2) Authenticated Manpower Request; (3) Model Employment Contract; and (4) Copy of Business License.
A principal may use a second agent when (1) the project requires urgent deployment of 200 or more workers and the project size/extent is verified by the Labor Attached or appropriate embassy/consular official at the jobsite; or (2) as deemed necessary by the Administration (e.g., recruitment of highly specialized manpower), where the direct employer advises the Administration of skills/positions required and the duration of appointment for the second agent.
The circular lists: Request for processing; Employment Contract duly verified/authenticated by the Philippine Embassy in Malaysia; Work permit; Pre-paid ticket advise (PTA); OCW info sheet; OCW ID Sheet; PDOS Certificate; and Repatriation Bond.
It is a mandatory processing requirement—meaning the contract must be properly verified/authenticated by the Philippine Embassy/consulate as a condition before POEA processes the worker documents.
They must attend a centralized Pre-Departure Orientation Seminar (PDOS) conducted by POEA, and the PDOS certificate must be part of the document requirements for contract processing.
No. Attendance must be pre-scheduled with POEA. Agencies are required to arrange scheduling with POEA.
They must bring (1) a copy of their employment contract and (2) a letter referral from the agency.
Generally, there will be no name hiring of domestic helpers for Malaysia, except for specified categories and upon recommendation by the Philippine Embassy based on its background check on the employer.
Exceptions include: (1) hirings by immediate members of the family of Heads of State and Government; (2) hirings by current and former Minister/Deputy Minister and other senior government officials; (3) hirings by senior officials of the diplomatic corps and duly accredited international organizations; and (4) hirings by reputable employers, as recommended by the Philippine Embassy.
The employer/agency shall not make any deductions from the salary of the worker.
A maximum placement fee of Php 5,000.00.
Grounds include: (1) misrepresentation by the agency; (2) violation of the employment contract by the employer, supported by a sworn statement by the aggrieved worker; and (3) other analogous cases or in other cases prejudicial to the interest of the worker.
The Embassy must conduct a preliminary hearing, then immediately notify POEA of its recommendation and submit case documents to POEA within a reasonable time.
The Embassy may preventively suspend its verification and authentication of employment documents until POEA has rendered its decision and officially relayed it to the Embassy.
PDOS ensures required orientation (Sec. 3); name hiring is generally prohibited except for narrow exceptions vetted by the Embassy (Sec. 4); no wage deductions are allowed (Sec. 5); and placement fees are capped at Php 5,000.00 (Sec. 6).