Law Summary

Introduction

This memorandum circular outlines the requirement for Filipino contract workers to undergo an AIDS test before entering the Kingdom of Saudi Arabia. The document specifies the guidelines for conducting these tests and the necessary certification process.

Requirement for AIDS Test

• Legal Principle: All Filipino contract workers must present a medical certificate confirming they are free from AIDS.
• Key Definitions:
  • AIDS-Free Certificate: A separate certificate issued to confirm a worker's status regarding AIDS.
• Important Requirements:
  • The AIDS test is separate from standard pre-employment medical examinations.
  • Conducted only upon request by agencies for Saudi-bound workers.
• Consequences: Failure to comply may result in issues obtaining entry visas for workers.

Testing Procedures

• Legal Principle: Specific methods for conducting AIDS tests are mandated.
• Important Procedures:
  • Tests must utilize WHO-recommended methods, including:
    • ELISA (Enzyme Linked Immuno Sorbent Assay)
    • IF (Immune Fluorescence)
    • WB (Western Blot Method)
• Requirements for Clinics/Hospitals:
  • Only accredited clinics and licensed hospitals may conduct tests.
  • Clinics must apply for certification and undergo inspection.

Certification of Clinics and Hospitals

• Legal Principle: Clinics and hospitals must be certified to conduct AIDS tests.
• Key Requirements:
  • Clinics must submit an application detailing their examination methods, equipment, and personnel.
  • Only certified facilities will be authorized to issue AIDS-Free Certificates.
• Affiliation Clause: Non-certified clinics can affiliate with certified entities to conduct tests and issue certificates.

Integrity of the AIDS-Free Certificate

• Legal Principle: Clinics must guarantee the integrity of their medical examinations.
• Important Procedures:
  • Clinics must file an affidavit with the POEA to cover the cost of repatriating workers rejected for AIDS by Saudi authorities.
  • A cash bond of P15,000 is required for certification of hospitals and clinics.

Cost of AIDS Test

• Legal Principle: A maximum fee is established for the AIDS test.
• Key Details:
  • The cost shall not exceed P400, excluding fees for standard pre-employment medical examinations.

Authentication of Certificates

• Legal Principle: Only certificates from accredited clinics or hospitals will be recognized.
• Important Procedures:
  • The Committee will authenticate certificates through the Office of the Chairman in the Ministry of Health.

Compliance and Communication

• Legal Principle: Employment agencies must adhere to the established guidelines.
• Key Details:
  • Communication has been sent to the Royal Embassy of Saudi Arabia regarding the procedures.
  • An updated list of certified clinics and hospitals will be available from designated POEA offices.

Key Takeaways

• All Saudi-bound Filipino workers must present an AIDS-Free Certificate.
• The AIDS test is separate from standard medical examinations and must be conducted by accredited facilities.
• The maximum cost for the AIDS test is P400, and clinics must ensure the integrity of their certifications.
• Non-compliance may hinder workers' entry into Saudi Arabia.