Question & AnswerQ&A (POEA MEMORANDUM CIRCULAR NO. 04, SERIES OF 2007)
The guidelines are issued pursuant to Article 18 of the Labor Code of the Philippines, as amended, and Governing Board Resolution No. 04, Series of 2007.
The Guidelines cover both individual employers, such as members of the diplomatic corps, immediate royal family members, senior government officials, expatriates, and others approved by the Secretary of Labor and Employment; and institutional employers hiring on a one-time basis or needing workers immediately and submitting undertakings to tie-up with licensed Philippine agencies for future recruitment.
Employers must have no derogatory track record locally or abroad, must not involve intermediaries in recruitment, and must submit documentary requirements such as business registration, sample employment contract, proof of capability, and an undertaking regarding no placement fee, performance bond, repatriation bond, and medical insurance.
Employers must provide a performance bond equivalent to three months salary to guarantee contract compliance and a repatriation bond worth US $5,000 or its peso equivalent to cover repatriation costs such as death or contract violations not attributable to the worker.
No, approval to direct hire authorizes processing of directly hired workers but does not allow the employer to recruit workers personally or through agents.
An individual employment contract, employer's undertaking to comply and treat the worker humanely, certificate of performance bond coverage, and certificate of medical insurance coverage secured at no cost to the worker.
Valid passport, verified employment contract, visa or work permit, medical fitness certificate from a DOH clinic, PDOS attendance certificate, OFW Information Sheet, employer undertaking, certificates of performance bond, repatriation bond, and medical insurance.
Besides the typical requirements, female HSWs must submit a negative pregnancy test, TESDA National Certificate II, and OWWA Certificate on Language and Culture Orientation.
If they have undergone a medical exam as part of visa issuance within 3 months prior or if the host country mandates medical exams upon arrival and the employer guarantees repatriation at their expense if medical problems arise.
No, there is a ban on direct hiring by employers accredited or registered with licensed Philippine recruitment agencies.
The process cycle time shall not exceed one month unless delayed by either the employer or the worker.
Workers can also be processed as direct hires at any of the POEA Regional Centers and Regional Extension Units in the provinces.