QuestionsQuestions (POEA MEMORANDUM CIRCULAR NO. 04, S. OF 2010)
It applies to Swiss principals/employers hiring Filipino au pairs and to Philippine recruitment agencies that recruit and deploy Filipino au pairs to Switzerland.
“Au pair” is a young person (typically a young woman, sometimes a young man) living on an equal basis in a reciprocal caring relationship with a host family and looking after children and doing light housekeeping. “Employer” is the family the au pair lives with. “Principal” is a foreign person/partnership/corporation hiring Filipino au pairs through a licensed Philippine recruitment agency.
Swiss principals must undergo POLO pre-qualification and submit (1) proof of license/authority from appropriate Swiss authorities and (2) an undertaking that includes visitation, follow-up reports, employer orientation on Philippine culture, recruitment only from the Philippines (not third countries), a 24-hour hotline, meeting the au pair on arrival, dispute assistance, help with Swiss work permit/permit to stay, free airfare, no recruitment/placement fees to au pairs, compliance with contract terms under Swiss regulations, language school placement, maintenance of a database, ensuring employer psychological/moral fitness, providing basic personal information of prospective employers for documentation, not accepting any fee from its Philippine agency, and providing counseling as necessary.
(a) Registration: Special Power of Attorney (SPA) of the principal to the Philippine recruitment agency; Au Pair Request stating salary and number of au pairs; Master Au Pair Contract in English. (b) Processing/exit clearance: Individual au pair contract signed by the employer with au pair name indicated; Swiss employer document authorizing the Swiss principal to recruit.
They must submit through the Philippine recruitment agency for evaluation/registration: (1) SPA of the principal to the Philippine licensed recruitment agency; (2) Au pair request indicating salary and number of au pairs addressed to the agency; (3) copy of business license/commercial registration of the Swiss principal; and (4) Master au pair contract.
Valid for a maximum of four (4) years unless sooner revoked/cancelled on grounds such as expiration of business license, mutual agreement to pre-terminate, false documentation/misrepresentation, final judgment in a disciplinary action against the foreign principal, or cancellation of license of the local (Philippine) agency.
When the local Philippine agency’s license is cancelled, suspended, delisted/expired, or when the recruitment agreement/SPA with the local agency is terminated. POEA may transfer upon proof of 15-day notice of pre-termination and settlement of accounts with the local agency, with notice served and accounts settled.
Renewal is granted upon request of the local agency partner, provided documents for initial registration remain valid; otherwise, renewal confirmation and valid documents must be provided by the principal.
Additional au pair requests addressed to the Philippine recruitment agency require POLO verification and must indicate the salary and number of au pairs to be hired.
One (1) year.
A Swiss principal may register with not more than two (2) Philippine licensed recruitment agencies if a uniform compensation package is used and either the principal has an au pair request of at least 50 workers duly verified by POLO in Geneva, or the principal has hired at least 50 au pairs within the one-year period immediately preceding registration.
They must be single; aged 18 to 25; at least high school graduate; and certified to have attended the OWWA Pre-Departure Orientation Seminar (PDOS) for au pairs.
The agency must submit: (1) duly accomplished Request for Processing form; (2) au pair information sheet; (3) valid visa stamped in passport; (4) individual au pair contract in English duly verified by POLO; and (5) OWWA PDOS certificate.
The agency must present: (1) individual au pair contract in English duly verified by POLO; (2) valid visa stamped in passport; and (3) OWWA PDOS certificate (after encoding and electronic submission of au pair and principal info).
Because au pairs can only be recruited through entities authorized by the Swiss Federal Office of Migration (FOM); therefore direct hiring/name hiring is strictly prohibited.
Examples include: names of au pair, Philippine agency, Swiss employer, and Swiss principal; monthly allowance; duration of contract; regular working hours; regular schooling hours with allowance for public transport; regular days off; free airfare to and from the Philippines; worker custody of her passport; responsibilities of au pair and Swiss employer; food and accommodation; insurance coverage; vacation/sick leave; termination of contract; and dispute settlement between au pair and employer.
POEA may conciliate any dispute between the Philippine agency and the principal upon request of either party, in accordance with POEA Rules and Regulations.
The Swiss employer shouldered or shouldered the recruitment cost related to hiring, including au pair’s visa fee, airfare, POEA processing fee, OWWA membership contribution, and training cost if required. The au pair is responsible for passport cost, NBI clearance, birth certificate, medical exam, PhilHealth insurance, and similar documentation costs.
Philippine recruitment agencies and/or principals are prohibited from charging any recruitment or placement fee from the au pair for deployment to Switzerland; Philippine agencies may charge Swiss principals for their services.
No. Au pair requests shall not be considered as a new market for the purpose of application for a POEA license to operate a recruitment agency.