Exemption to minimum age for au pair girls

Ask AI

POEA MEMORANDUM CIRCULAR NO. 18: Exemption to minimum age for au pair girls

What do you want to know about the law?
Ask AI quickly gives answers based only on the current context to avoid mistakes. Always verify with the original text.

New Chat Started

Ask AI

Title Source: Supreme Court: Exemption to minimum age for au pair girls

Law: Poea Memorandum Circular No. 18

Decision Date: Feb 23, 1995

Exempting au pair girls bound for Sweden from the minimum age requirement of twenty-five, this memorandum allows those aged eighteen and above to work as household workers, provided that their employment conditions exceed Philippine standards and adequate protections are in place.

Law Summary

Conditions for Granting Exemption

The exemption is granted only if the foreign country (Sweden) satisfies certain protective criteria for household workers:
- Employment terms and conditions must be superior to the Philippine minimum labor standards.
- There must be legal protection for the workers assured by the host country’s legislation.
- Adequate mechanisms to protect the welfare and rights of the workers must be in place.

Minimum Age Still Applicable

The au pair girls benefiting from this exemption must still meet a minimum age threshold of eighteen (18) years old.
Any applicant below eighteen years of age remains ineligible despite the exemption.

Legal Authority and Implementation

This exemption was authorized under POEA Memorandum Circular No. 18 dated February 23, 1995.
It was enacted pursuant to the Governing Board Resolution which generally sets the age limit but allows certain exemptions under strict conditions.
The memorandum circular is intended for immediate compliance by relevant Philippine overseas employment authorities and other stakeholders.

Key Legal Concepts

The law balances the protection of workers with flexibility in international deployment agreements.
It underscores the importance of safeguarding the welfare of Filipino workers abroad by ensuring superior labor standards and legal protections are upheld by the host country.
This exemption is a narrow, specific allowance reflecting the unique arrangement of au pair employment in Sweden.

Penalties and Enforcement

While not explicitly stated in the circular, compliance with minimum age requirements and conditions for exemption is mandatory.
Violation of these requirements potentially subjects deploying agencies or parties to sanctions under Philippine overseas employment regulations.

END