QuestionsQuestions (POEA MEMORANDUM CIRCULAR NO. 1, S. 2004)
A “name hire” is a worker who is able to secure an overseas employment opportunity without the assistance or participation of a recruitment agency. In contrast, agency-hired workers involve the participation of a recruitment agency (and agency-endorsed name hires are not allowed under the circular).
“Registration” refers to the act of entering in the official records of the POEA the names of name hires who will depart for overseas employment.
The guidelines apply to landbased name hires, except household workers. Only Filipino workers hired by direct employers may be processed as name hires, and agency-endorsed name hires are no longer allowed.
Only foreign employers who are direct employers of the Filipino worker may be processed as name hires. Agency endorsement is not allowed.
At minimum: (1) guaranteed wages for regular hours and overtime pay not lower than the host country minimum wage or the minimum wage in a bilateral agreement/international convention ratified by the host country and the Philippines (whichever is highest); (2) free transportation or offsetting benefits; (3) free food and accommodation or offsetting benefits; (4) just/authorized causes for termination considering host-country customs/practices and labor/social laws; and (5) repatriation of the worker’s remains (arranged with next-of-kin or nearest Philippine embassy/consulate) or an equivalent offsetting arrangement at the employer’s expense.
The Administration reserves the right to disapprove employment contracts that contain provisions contrary to law, morals, and public policy.
Required documents include: (1) valid passport (original and photocopy); (2) employment contract/offer of employment (duly signed by employer and worker) (original and photocopy); (3) visa/employment or work permit or equivalent entry document (original and photocopy); (4) certificate of medical fitness with photograph; (5) certificate of attendance to required employment orientation/briefing; and (6) duly accomplished OFW Info Sheet. Country/skill-specific additional guidelines may apply.
Verification of employment contracts of workers in the professional category or going to countries with highly developed labor and social security systems shall not be required unless otherwise specified by the POLO or defined under separate country-specific guidelines.
A name hire must undergo pre-employment medical examination at a medical hospital or clinic accredited by the DOH or foreign embassy/consulate in Manila, or other government authorities of the host country to conduct medical examination of overseas Filipino workers.
A name hire with an “unfit to work” or expired medical certificate shall not be registered unless the employer assumes full responsibility in writing for the worker’s medical condition should a medical problem arise during the employment term.
A name hire may be exempted if the host country requires medical examination upon arrival at the jobsite and the employer guarantees repatriation if a medical problem arises.
Yes. All name hires, except those returning to the same jobsite, must attend a pre-departure orientation seminar or special briefing conducted by the POEA Satellite Office before they are registered.
At employer’s cost: POEA processing fee (US$100 or peso equivalent) and OWWA contribution (US$25 or peso equivalent). At worker’s cost: Medicare coverage premium (PhP900).
A name hire whose foreign employer has a valid accreditation/registration with a licensed Philippine agency shall not be registered as a name hire without notifying the Philippine agency. However, even without clearance, POEA may proceed upon submission by the worker of an affidavit declaring that if the employer reneges on contractual obligations, the worker has no recourse against the Philippine agent.
To enable regular monitoring by Philippine embassies/consulates or POLOs in host countries. Satellite offices must transmit to POEA Central Office, on a regular basis, the list of registered name hires for transmittal to those offices.