Title
Minimum Age for Female Overseas Household Workers
Law
Poea Memorandum Circular No. 008-94
Decision Date
Feb 11, 1994
Female household workers deployed overseas must be at least 25 years old, with exemptions for countries with higher age requirements or superior employment conditions, while recruitment agencies are held accountable for compliance and face penalties for violations.

Law Summary

Exemptions to the Minimum Age Requirement

  • The minimum age rule does not apply to countries where the local minimum age requirement is higher than 25 years.
  • Exemption is also granted where host countries meet all of the following conditions:
    • Terms and conditions of employment are superior to Philippine minimum standards.
    • Legal protection for household workers is assured by existing legislation.
    • Concrete and adequate protective mechanisms for household workers are in place.

Worker Documentation and Agency Obligations

  • Deploying agencies are responsible for ensuring compliance with the age requirement.
  • Agencies must execute and submit an Affidavit of Undertaking confirming the worker meets the minimum age criterion.

Processing of Employment Contracts in Pipeline

  • The POEA will continue processing contracts in the pipeline or those authenticated by Philippine diplomatic labor offices as of February 28, 1994.

Agency Responsibility and Penalties

  • Recruitment agencies must perform thorough verification of the actual age of female household workers hired.
  • The Administration shall suspend documentary processing for agencies with prima facie evidence of non-compliance.
  • Violations can result in suspension of agency license, fines, or both.
  • Specific sanctions include a two-month suspension or fines for each violation.
  • The duration of suspension and amount of fines shall be consistent with existing overseas employment regulations.

Periodic Policy Review

  • The Department of Labor and Employment (DOLE) and the POEA are tasked to periodically review the policy.
  • They may recommend or implement modifications, additions, or amendments as necessary.

Effectivity

  • The guidelines are effective immediately upon issuance and must be strictly observed.

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