Law Summary
Definitions
- Au pair: A young individual living with a host family, providing childcare and light housekeeping, in a reciprocal cultural exchange.
- Employer: The family hosting and employing the au pair during the contract period.
- Principal: Foreign person or entity hiring Filipino au pairs through a licensed Philippine recruitment agency.
Pre-Qualification and Verification of Swiss Principals
- Swiss principals must be pre-qualified by the Philippine Overseas Labor Office (POLO).
- Required documents: Swiss recruitment license, written undertakings by the principal covering various welfare and procedural obligations.
- The POLO verifies recruitment documents including powers of attorney, au pair requests, and master contracts.
Registration of Swiss Principals at POEA
- Initial registration requires submission of verified recruitment documents.
- Registration validity: up to four years, revocable for license expiration, false documents, disciplinary actions, or cancellation.
- Transfer of registration allowed under specific conditions such as agency license issues.
- Renewal requires valid and current documentation.
- Additional au pair requests must be POLO-verified and valid for one year.
- Dual registration allowed with conditions including hiring history and uniform compensation packages.
Qualification of Filipino Au Pairs
- Must be single, aged 18-25, at least a high school graduate.
- Required to complete OWWA Pre-Departure Orientation Seminar (PDOS).
Issuance of POEA Exit Clearance for Agency Hires
- Documentary requirements include a processing form, au pair info sheet, visa, individual contract verified by POLO, and PDOS certificate.
- Contracts must be electronically submitted and verified before clearance issuance.
Name Hires Prohibited
- Direct hiring or name hiring is prohibited.
- Au pairs can only be recruited through entities authorized by the Swiss Federal Office of Migration.
Standard Au Pair Contract Provisions
- Must include details such as parties’ names, monthly allowance, contract duration, working hours, schooling, days off.
- Includes free airfare, passport custody, responsibilities of au pair and employer, food and accommodation.
- Insurance coverage, leaves, contract termination, and dispute settlement mechanisms are stipulated.
Dispute Settlement
- POEA may facilitate conciliation between Philippine agencies and Swiss principals as requested by either party.
Recruitment Costs
- Swiss employers must shoulder visa fees, airfare, POEA fees, OWWA contributions, and training costs.
- Au pairs pay for passports, clearances, medical exams, and similar documentation costs.
Placement Fees
- Prohibited to charge Filipino au pairs any recruitment or placement fees.
- Agencies charge Swiss principals for their services.
Regulatory Clarifications
- Au pair requests do not count as new markets for POEA license applications.
- Inconsistent prior issuances are repealed.
- Guidelines effective 15 days after publication.