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.