Law Summary

A. Definition

The Special Hiring Program for Taiwan facilitates the direct recruitment and deployment of workers by the Philippine Overseas Employment Administration (POEA), excluding the involvement of Taiwan manpower agencies and Philippine licensed recruitment agencies.

• Key Definitions:
  • Special Hiring Program for Taiwan: A POEA initiative allowing direct recruitment for Taiwan employment.
  • Memorandum of Understanding (MOU): Agreement between the Philippines and Taiwan facilitating this program.

B. Requirements for Employers Availing of the Program

Employers must submit specific documents to utilize the program, verified by the Manila Economic and Cultural Office (MECO).

• Required Documents: • Brief Company Profile (business nature, employee count, years in operation)
  • Demand Letter for manpower requirements (qualifications, skills, age, etc.)
  • Employment Contract copy (salary and benefits)
  • Council of Labor Affairs (CLA) Approval Letter
  • Target deployment date
• Process:
  • Submit documents to POEA for recruitment proceedings.
  • Execute a Recruitment Agreement with POEA post-verification.

C. Employment Contract

Contracts must comply with the terms agreed upon by MECO/POEA and CLA/EVAT, allowing for negotiation of better terms.

• Key Points: • The employment contract must align with bilateral agreements.
  • Both parties can negotiate employment terms, guided by MLC/POEA.

D. Recruitment and Documentation of Workers

This section outlines the processes for worker selection, briefing, medical examination, visa processing, and employment contract issuance.

1. Selection of Workers:

   • Employers finalize worker selection via mail, interviews, or teleconferencing.
   • Recruitment conducted in Metro Manila or employer-preferred regions under POEA supervision.

2. Briefing of Workers:

   • Selected workers must attend a Pre-Departure Orientation Seminar (PDOS) covering employment terms, host country information, and legal obligations.
   • Workers warned against abandoning employment to avoid criminal charges.

3. Medical Examination:

   • Workers must undergo medical exams as per employer and host country requirements, facilitated by accredited facilities.

4. Visa Processing:

   • Workers passing medical exams must provide documentation to POEA for visa issuance: • Valid passport
     • NBI Clearance
     • Medical Certificate
     • Employment Contract
     • Copy of CLA Approval Letter
     • Pictures
     • Visa Fee

5. Processing of Employment Contracts and Issuance of Overseas Employment Certificate (OEC):

   • POEA assists in processing contracts and issuing the OEC upon visa release.

E. Schedule of Fees

This section delineates the financial responsibilities of employers and workers.

• Employer Responsibilities: • Interview-related travel expenses (airfare, accommodation, etc.)
  • Advertising costs for hard-to-fill positions

• Worker Responsibilities: • Documentation costs (passport, NBI Clearance, medical exams, etc.)
  • Processing costs (airfare, POEA fees, OWWA membership fees), subject to negotiation.

Key Takeaways

• The Special Hiring Program allows direct recruitment for Taiwan, streamlining processes for both employers and workers.
• Employers must adhere to strict documentation and procedural requirements to participate.
• Workers must undergo necessary orientations and medical evaluations before deployment.
• Financial responsibilities are clearly divided between employers and workers, with specified costs and potential negotiation options.