Title
Guidelines on deploying domestic helpers to Hongkong
Law
Poea Memorandum Circular No. 46
Decision Date
Sep 10, 1991
Jose N. Sarmiento's memorandum establishes guidelines for the accreditation of agencies deploying domestic helpers to Hong Kong, ensuring protection for overseas workers through regulated contracts, mandatory pre-departure orientation, and compliance with specific employment requirements.
A

Accreditation Requirements for Agencies and Principals

  • Agencies must secure accreditation for their Hong Kong principals.
  • Required documents include:
    • Special Power of Attorney (SPA) favoring the Philippine agency.
    • Manpower request from the principal.
    • Copy of the business license of Hong Kong agency/employer.
    • Affidavit of undertaking by both recruitment agencies (Hong Kong and Philippine) stipulating:
      • Placement fees capped at PHP 5,000.
      • Employer shoulders airfare.
      • Employer provides all documentary requirements free of charge.
      • Reimbursement of any advance payment made by the helper.
      • No salary deductions except compulsory legal contributions.
    • Certification of no derogatory record or pending welfare cases from the Philippine Consulate General in Hong Kong.
    • Undertaking that applicants are sourced only from the POEA pool of workers.
  • Verification of these documents performed by the Philippine Labor Attache in Hong Kong.
  • Employment contracts must be authenticated by the Philippine Consulate General in Hong Kong.
  • Hong Kong principals hiring domestic helpers must undergo new accreditation.
  • Single accreditation system under Memorandum Circular 35 (July 25, 1991) applies.

Centralized Pre-Departure Orientation Seminar (PDOS)

  • Agencies must refer all hired domestic helpers to POEA-conducted PDOS.
  • PDOS attendance is pre-scheduled with POEA.
  • Workers must bring a copy of the employment contract and a referral letter from their agency.
  • PDOS certificate is mandatory for contract processing.

Contracts Processing Requirements

  • Submission of an individual employment contract verified by the Labor Attache.
  • Namehire contracts require the Labor Attache’s namehire stamp.
  • Presentation of a visa issued by the British Embassy.
  • Ticket Exchange Voucher verified by the Labor Attache.
  • PDOS certificate issued by POEA must be presented.

Registration and Training of Applicants

  • POEA coordinates with DOLE, POEA regional offices, and NGOs for registration and training.
  • Priority is given to displaced workers in the Philippines.
  • Mandatory qualifications for applicants:
    • Minimum age of 21 years.
    • Conversational proficiency in English.
    • Knowledge of general housekeeping and childcare.
    • Good moral character.

Enforcement and Effectivity

  • The memorandum circular takes immediate effect from September 10, 1991.
  • Signed by the POEA Administrator, Jose N. Sarmiento.

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