QuestionsQuestions (POEA MEMORANDUM CIRCULAR NO. 14)
It cites the Migrant Workers and Overseas Filipinos Act of 1995, particularly Section 60 of the Rules and Regulations implementing the Act.
It means both are liable for any and all claims under the Rule, and the claimant may hold them responsible together or individually for the full amount, depending on the applicable rules on solidary obligations.
The principal/employer and the recruitment placement agency.
Incorporation of the joint and solidary liability provision in the overseas employment contract is a condition precedent for the contract’s approval.
The employment contracts submitted for accreditation and processing of documents must include a provision on solidary liability of the principal/employer and the recruitment agency.
Because Section 60 expressly requires it as part of the contract content and as a condition precedent for approval, ensuring compliance before POEA accreditation and processing.
Since the clause is a condition precedent for approval, the contract would not be approved until the required provision is incorporated.
On “any and all claims under this Rule,” i.e., claims covered by the relevant provisions of the implementing rules (as referenced by Section 60).
That the contracts submitted in support of those requests include the solidary liability provision.
Accredited principals and agencies must comply right away by ensuring their overseas employment contracts include the required joint and solidary liability clause.
It uses the Migrant Workers and Overseas Filipinos Act’s implementing rules (Section 60) as the express authority, and mandates contract inclusion consistent with that requirement.
It was signed by Felicisimo O. Joson, Jr., Administrator.
To ensure that before POEA approves the employment contract, the parties have agreed to the statutory/regulatory liability framework intended to protect migrant workers.
The recruitment placement agency is included in the joint and solidary liability for any and all claims under the Rule, via the mandatory contract provision.
Because liability is joint and solidary, the worker may be able to hold either the principal/employer and/or the recruitment placement agency liable, including for the full obligation, subject to applicable solidary rules.