Question & AnswerQ&A (POEA MEMORANDUM CIRCULAR NO. 14)
The circular covers Foreign Placement Agencies that have valid registration or accreditation with a Philippine Recruitment Agency (PRA) and wish to transfer their registration or accreditation to another PRA. It does not apply to FPAs whose registration or accreditation has expired.
The FPA must revoke the Special Power of Attorney (SPA) granted to the former agent. The revocation must be notarized or certified/authenticated by the Chamber of Commerce, Notary Public, or similar offices at the jobsite.
The FPA must notify the previous agent of the revocation of the Special Power of Attorney.
The key documents are: the revoked SPA from the former agent, notice of revocation to the previous agent, application from the new PRA, a verified SPA issued to the new agent, manpower request, Master Employment Contract, and an affidavit of assumption of responsibility by the transferee agent.
The verification is done by the Philippine Overseas Labor Office (POLO) nearest the worksite prior to registration.
The administration shall act on the request within twenty-four (24) hours upon submission of all requirements by the new transferee agency, provided there are no legal impediments or prohibitory orders.
Yes. Claims for money or enforcement of obligations may be conciliated by the administration, but the pendency of conciliation does not prevent action on the transfer if public interest requires and the applicant meets all requirements.
If no settlement is reached, the parties may pursue their claims before the proper judicial or quasi-judicial forum.
No, all actions on transfer applications are without prejudice to any administrative or other actions that may be instituted by the former agent against the FPA.
Yes, the same requirements and procedures apply to the transfer of registration or accreditation of direct principals and/or employers.