Title
POEA Guidelines on Name Hire Registration
Law
Poea Memorandum Circular No. 1, S. 2004
Decision Date
Feb 4, 2004
The POEA mandates that all Satellite Offices register name hires—workers securing overseas employment independently—while ensuring compliance with minimum contract provisions, mandatory medical examinations, and pre-departure orientation seminars.

Legal basis and regulatory anchors

  • The circular directs compliance with guidelines pursuant to Section 6, Rule III, Part III, Registration of Name Hires and Section 2, Rule I, Part V, Minimum Provisions of Employment Contract, under the POEA Rules and Regulations Governing the Recruitment and Employment of Land-based Overseas Workers.
  • The circular is issued in implementation of DOLE decentralization and POEA deregulation thrust affecting POEA functions.

Policy objective and functions assigned

  • POEA Satellite Offices must perform Registration of Name Hires and conduct Pre-departure Orientation Seminar for registered name hires as additional regular functions.
  • The Satellite Offices must strictly perform these functions under the circular’s guidelines.

Key definitions for name hire registration

  • A “Name Hire” is a worker who is able to secure an overseas employment opportunity without the assistance or participation of a recruitment agency.
  • “Registration” is the act of entering in the official records of the Administration the names of name hires who will depart for overseas employment.

Who is covered, and what is excluded

  • The circular applies to landbased name hires, except household workers.
  • Only Filipino workers hired by direct employers may be processed as name hires.
  • Agency-endorsed name hires are no longer allowed.

Minimum contract provisions required

  • Employment contracts must include guaranteed wages for regular work hours and overtime pay, as appropriate, which must not be lower than the prescribed minimum wage in the host country, or the minimum wage set by a bilateral agreement or international convention duly ratified by the host country and the Philippines, whichever is highest.
  • Contracts must provide free transportation to and from the worksite, or offsetting benefits.
  • Contracts must provide free food and accommodation, or offsetting benefits.
  • Contracts must provide just/authorized causes for termination of the contract or services of the worker, taking into account customs, traditions, norms, mores, practices, company policies, and the labor laws and social legislations of the host country.
  • Contracts must provide repatriation of the worker’s remains and proper disposition upon previous arrangement with the worker’s next-of-kin, or, in the absence of next-of-kin, the nearest Philippine embassy or consulate to the worksite, or an offsetting arrangement (including an example of an employer undertaking on repatriation submitted to the host country as a requirement for issuance of work/entry permit, life insurance, etc.).
  • The Administration reserves the right to disapprove employment contracts containing provisions contrary to law, morals, and public policy.

Documentary requirements for registration

  • A name hire must be registered upon submission of all the following documents:
    • Valid passport (original and photocopy).
    • Employment contract or offer of employment or equivalent document, duly signed by the employer and worker (original and photocopy).
    • Visa/employment or work permit, or equivalent entry document (original and photocopy).
    • Certificate of medical fitness (with photograph of the worker).
    • Certificate of attendance to the required employment orientation/briefing.
    • Duly accomplished OFW Info Sheet.
  • The documentary requirements are subject to country/skill-specific deployment guidelines the Administration may adopt.
  • Verification of employment contracts for professional workers and those going to countries with highly developed system of labor and social security is not required unless otherwise specified by the Philippine Overseas Labor Office (POLO) or under separate country-specific guidelines.

Medical examination rules

  • Name hires must undergo pre-employment medical examination at a DOH-accredited medical hospital or clinic, or at a foreign embassy/consulate in Manila, or other government authorities of the host country that conduct medical examination of overseas Filipino workers, in accordance with the host country’s medical requirements.
  • The name hire must choose a clinic from the list of accredited medical hospitals and clinics made available by the POEA.
  • The POEA must issue a medical referral/endorsement form to the worker for this purpose.
  • A name hire with an “unfit to work” medical result or an expired medical certificate must not be registered unless the employer assumes full responsibility in writing for the worker’s medical condition should a medical problem arise during the employment term.
  • A name hire may be exempted from the pre-employment medical certificate requirement when the host country requires medical examination upon arrival at the jobsite and the employer guarantees repatriation of the worker if a medical problem arises.

Pre-departure orientation seminar requirement

  • All name hires must attend a pre-departure orientation seminar or special briefing conducted by the POEA Satellite Office before the Administration registers them.
  • The requirement applies except those returning to the same jobsite.
  • Name hires in the professional category may be administered a special briefing on relevant information requirements.

Fees and payments for registration

  • Upon completion of all documentary requirements for registration, the following fees must be paid:
    • At employer’s cost:
      • POEA processing fee: US$100 or its peso equivalent.
      • OWWA contribution: US$ 25 or its peso equivalent.
    • At worker’s cost:
      • Medicare coverage premium: PhP900.
  • An Order of Payment must be issued to the worker for payment of the worker-paid fees.
  • After payment of the required fees, the Administration must issue an Overseas Employment Certificate (OEC) or an e-Receipt to the worker.

Employer accreditation and clearance handling

  • A name hire whose foreign employer has a valid accreditation/registration with a licensed Philippine agency must not be registered as a name hire without notifying the Philippine agency.
  • Despite absence of clearance from the agency, the Administration may still proceed with the registration of the name hire upon submission of an affidavit of declaration by the worker stating that if the employer reneges on the contractual obligation, the worker shall have no recourse against the Philippine agent.

Monitoring by POEA Satellite Offices

  • POEA Satellite Offices must transmit to the POEA Central Office, on a regular basis, the list of registered name hires for transmittal to Philippine Embassies/Consulates or POLOs in the host countries for regular monitoring.

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