Prohibition on Charging Placement and Recruitment Fees
- Recruitment agencies are strictly prohibited from charging or collecting any placement or recruitment fees from Filipino workers bound for the U.S.A. and Guam under the H2B visa program.
- The prohibition includes fees charged directly to the worker or collected by employers, agents, facilitators, recruiters, or similar service providers.
Basis of the Policy
- Rooted in Section 2-C, Rule I, Part VI of the 2002 POEA Rules and Regulations Governing the Recruitment and Employment of Landbased Workers.
- Further supported by POEA Memorandum Circular No. 10, series of 2009.
- Aligns with the United States Department of Homeland Security regulations effective January 18, 2009, which require employers to shoulder recruitment costs for H2B visa workers.
Legal Consequences for Violations
- Any violation of the no placement fee policy constitutes a serious administrative offense.
- Penalty includes the cancellation of the recruitment agency’s license as provided under Section 1-A(5) of Rule IV, Part VI of the 2002 POEA Rules and Regulations.
Regulatory Authority and Guidance
- Enforced by the Philippine Overseas Employment Administration (POEA).
- This advisory serves as official guidance and information dissemination to all concerned parties, particularly licensed recruitment agencies and affected workers.
Important Legal Concepts
- Placement and recruitment fees refer to any charges incurred by workers as part of securing employment overseas.
- The H2B visa classification refers to temporary skilled labor roles in the U.S.A. and Guam.
- The recruitment cost must be borne entirely by employers, consistent with new foreign labor importation policies.
This policy ensures the protection of Filipino migrant workers under the H2B program from exploitation and unlawful recruitment fees.