QuestionsQuestions (POEA GOVERNING BOARD Resolution NO. 04, S. OF 2007)
It generally prohibits an employer from hiring Filipino workers for overseas employment except through POEA (or entities authorized by the Secretary of Labor and Employment).
Direct hiring is allowed for employers who are members of the diplomatic corps, international organizations, and such other employers as may be allowed by the Secretary of Labor and Employment.
It repealed Section 6, Rule III, Part III of the 2002 Rules and Regulations Governing the Registration of Name Hired Workers.
Because the resolution sought to ensure consistency with Article 18’s restrictions on direct hiring and to align registration/processing practices with the statutory ban and its exceptions.
It refers to workers who obtained overseas employment on their own without participation of recruitment agencies, previously treated as an exemption from the direct hiring ban through registration rules.
The POEA is directed to process the employment contracts for workers directly hired by: (1) members of the diplomatic corps, and (2) international organizations.
They must secure the approval of the Secretary of Labor and Employment before POEA processes the employment contracts.
No. The resolution states that foreign employers registered/accredited with private recruitment agencies are not allowed to directly hire workers.
It removes the prior rule basis that allowed registration of name hired workers as an exemption from the ban on direct hiring, thereby tightening processing strictly under Article 18 and the resolution’s framework.
It instructs POEA to promulgate the necessary guidelines to implement the resolution.
The resolution indicates that the Secretary of Labor and Employment (Arturo D. Brion) is the Chairman of the POEA Governing Board.
It was adopted on 09 August 2007.
By repealing the earlier rule that exempted name hiring from the direct hiring ban and by limiting POEA processing of direct hiring to the Article 18 exceptions (diplomatic corps and international organizations) or requiring Secretary approval for other employers.
No. Under the resolution, such an employer must obtain approval from the Secretary of Labor and Employment before POEA can process the contract.