Legal basis and implementing framework
- The Circular is issued pursuant to Governing Board Resolution No. 07 and Department Order No. 12.
- It requires deployment and documentation controls for Filipino worker-trainees leaving for South Korea.
- It also directs that all other matters be governed by existing POEA rules and regulations consistent with the Circular.
Purpose and welfare objectives
- The Circular aims to facilitate deployment while promoting the welfare of Filipino trainees bound for South Korea.
- It requires proper documentation and processing to support welfare and compliance in worker-trainee deployment.
Key definitions and coverage
- A “Host Company” is defined as a foreign-based company that hosts and provides both theoretical and on-the-job training to the trainee.
- A “Worker-Trainee” is defined as a worker sent abroad on trainee visa.
- The Circular governs the documentation and processing of Filipino worker-trainees leaving for South Korea.
Mandatory course of processing
- Filipino worker-trainees leaving for South Korea must undergo documentation and processing through POEA-licensed private recruitment agencies and entities.
- Recruitment and processing of worker-trainee documents must be coursed through POEA-licensed agencies.
- The Circular requires proper documentation and processing at POEA through licensed channels.
Host company accreditation requirements
- Licensed recruitment agencies must submit requirements to obtain accreditation of Host Companies.
- Accreditation requires the submission of:
- a Special Power of Attorney/Service Agreement authenticated by the Philippine Embassy and verified by the Labor Attache;
- a Model Worker-Trainee contract verified by the Labor Attache; and
- a Certificate for Confirmation of visa issuance for Alien’s Industrial Technology Training from the Korean Ministry of Justice, verified by the Labor Attache.
- A host company’s accreditation is valid only for one year.
Training contract processing and exit clearance
- Private placement agencies/entities must submit specified documents for issuance of exit clearance.
- For issuance of exit clearance, submission requires:
- a Request for processing;
- an Info Sheet;
- an Individual visa or equivalent document;
- an Individual worker-trainee contract; and
- a Repatriation bond.
Worker-trainee contracts and governing law
- Contracts for Filipino worker-trainees must adhere to Philippine and host country laws.
- A model trainee contract is attached for reference.
Pre-departure orientation obligations
- Pre-departure orientation of worker-trainees must be administered by the deploying agencies if they have accredited in-house facilities.
- For agencies without accredited in-house facilities, Pre-departure Orientation Seminar must be conducted by accredited PDOS facilities.
Joint and solidary liability undertaking
- For worker-trainees, the recruitment agency/entity must execute an undertaking to assume joint and solidary liability with the host company.
- The undertaking covers all claims and liabilities that may arise in connection with the implementation of the contract, including:
- payment of worker trainee allowance;
- death and disability compensation; and
- repatriation.
Grievance, conciliation, and POEA jurisdiction
- Under the worker-trainee deployment scheme, grievances by any party affecting any provision of the training contract must be made in writing and served to the concerned party.
- If no amicable settlement is reached, the dispute must be elevated to the office of the Philippine Labor Attache in the host country for conciliation.
- If the dispute is not settled at the conciliation stage, the POEA has original and exclusive jurisdiction over any and all disputes or controversies arising out of or by virtue of the contract.
Advertisement control
- Advertisement for worker-trainee requirements is allowed by the Administration upon presentation of accreditation certificates.
Applicable rules and consistency requirement
- All matters not expressly covered by the Circular are governed by existing POEA rules and regulations that are not inconsistent with the Circular.
Repeal, modification, and transitional effect
- All policies, issuances, rules, and regulations inconsistent with these guidelines are repealed or modified accordingly.