Purpose and policy intent
- The Circular directs attention to a practice where employment contracts presented by departing OFWs are not appropriately filled up.
- The Circular emphasizes that employment contracts must clearly stipulate the basic terms and conditions of employment.
- The Circular requires that the contract’s filled details reflect the actual job category and salary of the worker.
- The Circular warns that deficient contract completion reduces contract signing to mere paper compliance with legal consequences.
Coverage and persons/entities affected
- The Circular addresses employment contracts presented by departing OFWs during pre-departure airport formalities.
- The Circular covers employment contracts signed by workers hired by agencies concerned with OFW deployment and documentation.
- The Circular focuses on the handling of departing OFWs by clearing authorities at international airports and other exit points.
Required contract contents: position and salary
- Employment contracts must include the worker’s position.
- Employment contracts must include the worker’s salary.
- Contract spaces for required information must be filled with the worker’s actual position and salary, not generic references.
- Employment contracts are intended to clearly stipulate basic terms and conditions of employment, including the position and salary.
Defects and consequence for departure clearance
- Failure to indicate the basic information—specifically position and salary—renders employment contracts grossly defective.
- Grossly defective employment contracts may serve as a ground for offloading departing OFWs from their intended flights.
- Clearing authorities may offload workers when required basic details in the employment contract are not properly stated.
- The Circular ties legal repercussions to contract signing that is reduced to mere paper compliance.
Rule on monitoring at exit points
- Section 1, Rule IX, Part II of the 2002 Rules and Regulations Governing the Recruitment and Employment of Land-based Overseas Workers requires monitoring departing OFWs at international airports and other exit points.
- The monitoring is conducted to ensure departing OFWs are properly documented before proceeding to overseas jobsites.
- Workers without proper documents shall not be cleared for departure under the 2002 Rules and Regulations framework.
Compliance direction to concerned agencies
- Concerned agencies must ensure that employment contracts signed by their hired workers are properly accomplished.
- Proper accomplishment requires alignment with job orders approved by the POEA.
- Concerned agencies are reminded that inaccurate or improper contract completion undermines contract purpose and exposes legal repercussions.
- The Circular directs that contract signing must not be treated as mere paper compliance.
Transitory and implementation notes
- The Circular applies immediately upon issuance.
- The Circular operates by reminder and enforcement linkage through contract compliance, monitoring, and departure clearance mechanisms.