Law Summary
Key Definitions
- "Land-Based Overseas Workers" refers to Filipino workers employed in jobs outside the Philippines excluding those in the offshore or maritime sectors.
- "Recruitment Agency" denotes entities licensed by the POEA to recruit workers for overseas employment.
- "Employer" indicates the foreign entity or individual hiring the overseas worker.
Licensing and Accreditation Requirements
- Recruitment agencies must secure POEA licenses before engaging in overseas recruitment.
- Agencies must submit documentation proving capability, integrity, and compliance with legal standards.
- POEA conducts regular monitoring to ensure adherence to rules and can suspend or revoke licenses for violations.
Recruitment Procedures
- Agencies are required to provide clear, truthful information to applicants regarding job terms, working conditions, wages, and other benefits.
- A written contract, consistent with POEA standard terms, must be signed before deployment.
- Screening and orientation processes by agencies are mandated to prepare workers adequately.
Contract and Documentation
- Employment contracts must comply with POEA-mandated provisions, ensuring fair treatment and protection.
- Contracts must be written in English or Filipino and translated into the worker’s native language if necessary.
- Recruitment agencies are responsible for safekeeping and providing copies of contracts to both parties.
Prohibited Acts and Penalties
- Charging of placement fees or other recruitment charges to the worker is strictly prohibited.
- Misrepresentation of job conditions or employer information is penalized.
- Unauthorized deployment or employment without proper documentation is punishable.
- Penalties include fines, imprisonment, and revocation/suspension of licenses.
Workers’ Protection Mechanisms
- POEA establishes grievance mechanisms for workers to report recruitment violations.
- Provides access to legal assistance and repatriation support if needed.
- Encourages cooperation with foreign governments to enforce labor standards and resolve disputes.
Monitoring and Enforcement
- Continuous monitoring of recruitment and employment practices by POEA.
- Coordination with other Philippine agencies and foreign counterparts.
- Imposition of sanctions to uphold compliance and deter illegal recruitment activities.