QuestionsQuestions (POEA MEMORANDUM CIRCULAR NO. 20 s. 1993)
The Circular states it is pursuant to Governing Board Resolution No. 07 and Department Order No. 12, as well as to facilitate deployment while promoting the welfare of Filipino worker-trainees bound for South Korea.
A “Host Company” is a foreign-based company which hosts and provides both theoretical and on-the-job training to the trainee.
A “Worker-Trainee” is a worker sent abroad on a trainee visa.
Recruitment and processing of worker-trainee documents must be coursed through POEA-licensed recruitment agencies.
The Circular requires: (a) a Special Power of Attorney/Service Agreement authenticated by the Philippine Embassy and verified by the Labor Attaché; (b) a Model Worker-Trainee Contract verified by the Labor Attaché; and (c) a Certificate for Confirmation of visa issuance for the Alien’s Industrial Technology Training form from the Korean Ministry of Justice verified by the Labor Attaché.
The host company’s accreditation is valid only for one year.
The Circular requires: Request for processing, Info Sheet, Individual visa or equivalent document, Individual worker-trainee contract, and Repatriation bond.
It provides that contracts for Filipino worker-trainees shall adhere to both Philippine and host country laws, and a model trainee contract is referenced as attached (not included in the excerpt).
Pre-departure orientation shall be administered by the deploying agencies as long as they have accredited in-house facilities. If the agencies do not have accredited in-house facilities, the seminar can be conducted by accredited PDOS facilities.
The recruitment agency/entity must execute an undertaking to assume joint and solidary liability with the host company for all claims and liabilities arising from the implementation of the contract, including allowance payment, death/disability compensation, and repatriation.
A grievance affecting contract provisions must be made in writing and served to the concerned party. If amicable settlement fails, it is elevated to the Philippine Labor Attaché in the host country for conciliation, or to POEA which has original and exclusive jurisdiction over disputes or controversies arising from or by virtue of the contract.
POEA is stated to have original and exclusive jurisdiction over any and all disputes or controversies arising out of or by virtue of the contract.
Advertisement is allowed by the Administration only upon presentation of accreditation certificates.
All matters not expressly taken up by the Circular are governed by existing POEA rules and regulations not inconsistent with the Circular.
All policies, issuances, rules, and regulations inconsistent with these guidelines are repealed or modified accordingly.
It states: “This Circular shall take effect immediately,” adopted on 27 May 1993.
Agencies must ensure the host company accreditation is renewed or valid because it is only for one year, otherwise the accreditation may lapse and processing under the scheme could be non-compliant.