Title
Guidelines on Filipino Au Pair Recruitment to Switzerland
Law
Poea Memorandum Circular No. 04, S. Of 2010
Decision Date
Jan 28, 2010
The Philippine Overseas Employment Administration (POEA) issues guidelines for the recruitment and deployment of Filipino au pairs to Switzerland, outlining qualifications, registration requirements, and responsibilities of both Swiss principals and Philippine recruitment agencies.
recruitment
deployment
guidelines

Coverage and parties covered

  • The Circular applies to Swiss principals and employers hiring Filipino au pairs to Switzerland.
  • The Circular applies to Philippine recruitment agencies that recruit and deploy Filipino au pairs to Switzerland.
  • The recruitment process requires that Swiss principals engage Filipino au pairs through a licensed Philippine recruitment agency.
  • The Circular covers both: (a) registration of Swiss principals at POEA and (b) processing of contracts for POEA exit clearance.

Key definitions and roles

  • An “Au pair” is a person in a reciprocal, caring relationship living with a host family, typically a young woman and sometimes a young man who helps look after children and provides light housekeeping.
  • An “Employer” refers to the family with whom the au pair will live for the duration of the contract.
  • A “Principal” refers to a foreign person, partnership, or corporation that hires Filipino au pairs through a licensed Philippine recruitment agency.

POLO pre-qualification and verification

  • All Swiss principals wishing to hire Filipino au pairs must undergo pre-qualification at the Philippine Overseas Labor Office (POLO).
  • The required pre-qualification documents for Swiss principals are:
    • the license or authority of the Swiss principal to engage in recruitment of foreign/Filipino au pairs issued by the appropriate Swiss authorities; and
    • an undertaking covering multiple obligations.
  • The undertaking requires the Swiss principal to:
    • conduct actual visitation to the home of the Swiss employer prior to hiring an au pair;
    • conduct follow-up visits to host families and provide the POLO with a report on the condition of the au pair upon request;
    • provide orientation to the employer on Philippine culture prior to arrival of the au pair;
    • recruit Filipino au pairs only in the Philippines and not from third countries;
    • maintain a 24-hour help hotline for au pairs;
    • meet the au pair upon arrival in Switzerland, conduct appropriate orientation, and bring the au pair to her employer;
    • assist in resolving employer–au pair disputes;
    • assist the employer in securing the appropriate work permit or permit to stay in Switzerland;
    • ensure free airfare to and from the Philippines;
    • not charge any recruitment or placement fee from the au pair in the Philippines or at the worksite;
    • ensure the terms and conditions of the au pair contract are followed in accordance with Swiss regulations;
    • ensure the au pair is sent to a language school per Swiss regulations;
    • maintain a database on au pairs and their employers;
    • ensure the psychological and moral fitness of would-be employers;
    • provide Philippine agencies with basic personal information (with recent picture) of would-be employers solely for documentation purposes;
    • not accept any fee from its Philippine agency; and
    • provide free counseling to the au pair as necessary.
  • The POLO must verify specified recruitment documents, including those for:
    • registration of principals at POEA; and
    • processing of employment contracts and issuance of POEA exit clearance.

POEA registration of Swiss principals

  • All recruitment documents must be submitted to POEA through the Philippine licensed recruitment agency for evaluation/registration of the principal.
  • Initial registration documentary requirements, verified by POLO in Geneva, include:
    • a Special Power of Attorney (SPA) of the principal to the Philippine licensed recruitment agency;
    • an Au Pair Request indicating the salary and number of au pairs requested, addressed to the Philippine recruitment agency;
    • a copy of the Swiss principal’s business license or commercial registration; and
    • a master au pair contract.
  • Registration of the principal has a maximum validity of four (4) years, unless sooner revoked or cancelled by POEA for any of the following grounds:
    • expiration of the principal’s business license;
    • written mutual agreement by the parties to pre-terminate the agreement;
    • false documentation or misrepresentation in connection with the application for registration;
    • final judgment in a disciplinary action against the foreign principal; or
    • cancellation of license of the local agency.
  • A principal may transfer its registration to another local agency upon grounds including:
    • cancellation, suspension, delisting, or expiration of the license of its local Philippine agency; or
    • termination of recruitment agreement or SPA with its local Philippine agency.
  • The POEA may transfer registration upon submission of proof of:
    • 15-day notice of pre-termination to the existing recruitment agency; and
    • settlement of account with the local agency.
  • Registration may be renewed at the request of the local agency partner if required documents for initial registration are still valid; otherwise, a confirmation of renewal and valid documents must be required from the principal.
  • Additional au pair requests addressed to the Philippine recruitment agency require approval only if:
    • duly verified by the POLO; and
    • they indicate the salary and number of au pairs to be hired.
  • The au pair request has validity for one (1) year.

Limits on registration and qualification

  • A Swiss principal may have open/dual registration to not more than two (2) Philippine licensed recruitment agencies if:
    • it adopts a uniform compensation package for the principal and the agency; and
    • it has an au pair request of at least 50 workers duly verified by POLO in Geneva; or
    • it has hired at least 50 au pairs within a period of one (1) year immediately preceding registration.
  • Filipino au pairs bound for Switzerland must meet all qualification requirements:
    • must be single;
    • must be 18 to 25 years old;
    • must be at least a high school graduate; and
    • must be certified to have attended the OWWA Pre-Departure Orientation Seminar (PDOS) for au pairs.

Contract processing and POEA exit clearance

  • Documentation for agency-hired au pairs must be submitted by the Philippine recruitment agency, including:
    • a duly accomplished Request for Processing form;
    • an au pair information sheet;
    • a valid visa of the au pair stamped in the passport;
    • an individual au pair contract (in English) duly verified by POLO; and
    • an OWWA PDOS certificate.
  • Under electronic submission:
    • the Philippine recruitment agency encodes and electronically submits au pair and principal information;
    • before POEA assessment, payment of processing fees, and issuance of the POEA exit clearance, POEA must be presented with:
      • the individual au pair contract (in English) duly verified by POLO;
      • the valid visa stamped in the passport; and
      • the OWWA PDOS certificate.
  • Dispute conciliation between the Philippine agency and the principal is conducted by POEA, as requested by either party, in accordance with POEA Rules and Regulations.

Hiring method, standard contract, and costs

  • Au pairs must be recruited only through entities authorized by the Swiss Federal Office of Migration (FOM).
  • Direct hiring or name hiring of au pairs is strictly prohibited because au pairs may be recruited only through entities authorized by the Swiss FOM.
  • A standard au pair contract for Filipino au pairs bound for Switzerland must contain, among other provisions:
    • the names of the au pair, Philippine agency, Swiss employer, and Swiss principal (placement agency);
    • monthly allowance;
    • duration of contract;
    • regular working hours;
    • regular schooling hours with allowance for public transport;
    • regular day(s) off;
    • free airfare to and from the Philippines;
    • worker custody of her passport;
    • responsibilities of the au pair;
    • responsibilities of the Swiss employer;
    • food and accommodation;
    • insurance coverage for health and accident;
    • vacation/sick leave;
    • termination of contract; and
    • dispute settlement between the au pair and the employer.
  • The Swiss employer should bear recruitment-related costs, consisting of:
    • the au pair’s visa fee;
    • airfare;
    • POEA processing fee;
    • OWWA membership contribution; and
    • cost of training, if required by the employer.
  • The au pair bears the costs of:
    • her passport;
    • NBI clearance;
    • birth certificate;
    • medical examination;
    • PhilHealth insurance; and
    • similar documentation costs.

Prohibited fees and final rules

  • Philippine recruitment agencies and/or principals are prohibited from charging any recruitment and placement fee from Filipino au pairs to be deployed to Switzerland.
  • Philippine recruitment agencies must charge Swiss principals for the cost of their services.
  • Au pair requests are not considered a new market for purposes of applying for a POEA license to operate a recruitment agency.
  • The Circular states that all other issuances inconsistent herewith are hereby deemed repealed.

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