Legal basis and policy intent
- The resolution is anchored on Rule 1, Section 1 of the Rules and Regulations Governing Overseas Employment, as amended, which sets requirements for POEA-issued license/authority for private sector entities, including construction-contractor companies.
- The resolution is also anchored on Part IV, Section 7 of the Implementing Rules and Regulations of Republic Act No. 8042 (Migrants Workers and Overseas Filipinos Act of 1995), which provides for a package of incentives for deserving service contractors and encourages the deployment of workers by such entities.
- The resolution recognizes that all construction contractor-companies registered at the Philippine Overseas Construction Board (POCB) undergo strict and rigid registration requirements.
- The resolution recognizes that workers employed by POCB-registered construction companies are local employees enrolled with the SSS and entitled to local employee benefits.
- The resolution states the need to adopt new guidelines that facilitate the licensing of POCB-registered companies and the mobilization of OFWs hired by them.
Coverage and main operational focus
- The resolution applies to POCB-registered companies that need licensing, project registration, and workers’ documentation at POEA.
- The resolution covers the process of mobilization of Overseas Filipino Workers (OFWs) hired by POCB-registered companies.
- The resolution is designed to take into account and align with the registration process at POCB.
- The resolution is intended to support deployment by such entities through streamlined procedures.
Streamlined licensing, registration, and documentation
- The resolution adopts simplified licensing procedures for POCB-registered companies at POEA.
- The resolution adopts simplified project registration procedures at POEA for POCB-registered companies.
- The resolution adopts simplified workers’ documentation procedures at POEA for POCB-registered companies.
- The simplified procedures are implemented through streamlined procedures that consider the rigid registration process that the companies already undergo with POCB.
- The resolution aims to facilitate licensing and OFW mobilization in light of the companies’ POCB registration.
Implementing link to existing licensing rules
- The resolution is expressly framed to operate within the licensing framework set by Rule 1, Section 1 of the Rules and Regulations Governing Overseas Employment, as amended.
- The resolution aligns with the incentive and encouragement policy reflected in Part IV, Section 7 of the Implementing Rules and Regulations of Republic Act No. 8042.
- The resolution’s streamlined approach is justified by the existence of strict and rigid POCB registration requirements.
Governing board resolution adoption and effect
- The resolution is adopted by the POEA Governing Board in a meeting duly convened.
- The resolution is adopted as an affirmative policy directive to implement simplified licensing, project registration, and workers’ documentation at POEA for POCB-registered companies.
- The resolution is signed and countersigned by the named POEA Governing Board officers in connection with its adoption on December 19, 2000.