Title
Guidelines on Direct Hiring of Filipino Workers Overseas
Law
Poea Memorandum Circular No. 04, Series Of 2007
Decision Date
Dec 19, 2007
The Guidelines on the Direct Hiring of Filipino Workers provide employers with the necessary steps and requirements to directly hire Filipino workers for overseas employment, including pre-qualification by the Philippine Overseas Labor Office and the Philippine Overseas Employment Administration, submission of required documents, and undergoing a pre-employment medical examination.
A

Pre-Qualification of Employers for Direct Hiring

  • Employers must be pre-qualified by the Philippine Overseas Labor Office (POLO) and POEA
  • Criteria include:
    • Clean employment record in the Philippines and abroad
    • No intermediaries involved in recruitment
    • Required documents:
      • Business/commercial registration
      • Sample employment contract
      • Proof of hiring capability
      • Employer undertakings covering no placement fee, performance bond (three months' salary), repatriation bond (US$5,000 or equivalent), and medical insurance for worker

Procedures for Direct Hiring

  • Employers submit direct hiring requests to POLO for pre-qualification
  • POLO evaluates, then forwards to POEA; absence of POLO transfers authentication role to Philippine Embassy
  • POEA reviews and recommends to Secretary of Labor and Employment for approval
  • Upon approval, POLO verifies employment contracts; workers submit verified contracts to POEA
  • Processing time limited to one month barring delays
  • Approval permits processing directly hired workers but prohibits personal recruitment or via agents

Verification of Individual Employment Contracts

  • POLO verifies contracts after DOLE approval
  • Documents required:
    • Individual employment contract
    • Employer undertaking to comply with terms and humane treatment
    • Certificates for performance bond, medical insurance (no cost to worker)

Documentary Requirements for Processing Direct Hires

  • Approval from Secretary of Labor must accompany documents
  • For skilled workers (non-Household Service Workers):
    • Passport, POLO-verified employment contract, valid visa/work permit, medical fitness certificate
    • PDOS attendance certificate, OFW Information Sheet
    • Employer undertaking, performance bond, repatriation bond, medical insurance certificates
    • Additional insurance for Middle East drivers
  • For Household Service Workers (HSWs):
    • Similar documentation as skilled categories plus negative pregnancy test for females, TESDA National Certificate II, and OWWA Language and Culture Orientation Certificate

Medical Examination Requirements and Exemptions

  • Mandatory pre-employment medical exam by DOH-accredited clinic with medical fitness certificate
  • Exemptions if:
    • Medical exam for visa issuance done within the last 3 months
    • Host country requires medical exam upon arrival and employer guarantees repatriation costs if medical issues arise

Pre-Departure Orientation Seminar Exemptions

  • Direct hires exempt from PDOS unless they have no prior experience at the same jobsite
  • Professional workers may receive special briefing instead

Prohibition on Direct Hiring by Employers Registered with Licensed Recruitment Agencies

  • Employers already accredited or registered with licensed Philippine recruitment agencies cannot directly hire workers

Transitional Provisions

  • Direct hires with contracts or visas issued before the Memorandum Circular continue processing under previous rules

Processing at Regional POEA Centers

  • Direct hire processing also available at POEA regional centers and extension units

Repealing Clause

  • Previous inconsistent issuances are modified, amended, or repealed

Compliance

  • Guidelines mandated for strict adherence as signed by POEA Administrator Rosalinda Dimapilis-Baldoz

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