Guidelines for Recruitment to Malaysia

Agencies seeking accreditation of their principals in Malaysia must comply with Section 1(A) requirements.
Section 1(A) requires the following for agency accreditation of principals:
- Authenticated Special Power of Attorney
- Authenticated Manpower Request
- Model Employment Contract
- Copy of Business License
A principal may use the services of a second agent only under conditions stated in Section 1(B).
Section 1(B)(1) allows a second agent when the project calls for the urgent deployment of 200 or more workers, provided the project size and extent are duly verified by the office of the Labor Attached or any appropriate official of the Philippine Embassy/Consulate in the jobsite.
Section 1(B)(2) allows a second agent when the Administration deems it necessary, including cases where highly specialized manpower categories are required, where the direct employer must advise the Administration of the particular skills/positions required and identify the duration of the direct employer’s appointment for the services of the second agent.

Section 2 requires that specified documents be submitted to POEA for processing.
Section 2 lists the documents that must be submitted:
- Request for processing
- Employment Contract duly verified/authenticated by the Philippine Embassy in Malaysia
- Work permit
- Pre-paid ticket advise (PTA)
- OCW info sheet
- OCW ID Sheet
- PDOS Certificate
- Repatriation Bond
The Circular ties compliance to contract processing through required document completion, including PDOS proof under Section 3.

Hired domestic helpers bound for Malaysia must attend a centralized Pre-Departure Orientation Seminar (PDOS) conducted by POEA under Section 3.
The PDOS certificate must be part of the document requirements for contract processing.
PDOS attendance is pre-scheduled with POEA.
Agencies must arrange for PDOS scheduling with POEA, and workers must bring:
- a copy of their employment contract, and
- a letter referral from the agency.

Section 4 prohibits name hiring of domestic helpers (dh) for Malaysia except under strictly enumerated situations.
Name hiring is allowed only upon recommendation by the Philippine Embassy after background check on the employer.
Section 4 allows name hiring for the following categories:
- Hirings by immediate members of the family of Heads of State and Government
- Hirings by current and former Minister, Deputy Minister and the other senior government officials
- Hirings by senior officials of the diplomatic corps and duly accredited international organizations
- Hirings by reputable employers, as recommended by the Philippine Embassy

Section 5 prohibits the employer/agency from making any deductions from the salary of the worker.

Section 6 limits the placement fee chargeable to recruited workers to a maximum placement fee of P5,000.00.

Section 7 authorizes the Philippine Embassy in Malaysia to recommend to POEA the watchlisting/blacklisting of agencies/employers in Malaysia in specified instances.
The Embassy may recommend watchlisting/blacklisting when:
- The agency has been found to have committed misrepresentation
- The employer has been found to have violated the employment contract, supported by a sworn statement by aggrieved worker
- There are violations analogous to the foregoing and in other cases prejudicial to the interest of the worker
After conducting a preliminary hearing, the Embassy must:
- immediately notify POEA of its recommendation, and
- submit the case documents to POEA within reasonable time
While POEA considers the recommendation, the Embassy may preventively suspend its verification and authentication of employment documents until POEA renders its decision and officially relays it to the Embassy.