Title
Reminder to Licensed Recruitment Agencies on POEA Rules
Law
Advisory No. 14, S. 2018
Decision Date
Mar 7, 2018
Licensed recruitment agencies are reminded to strictly adhere to the 2016 Revised POEA Rules and Regulations to prevent illegal recruitment practices, following the tragic case of Overseas Filipino Worker Joanna Daniela Demafelis.
A

Licensing Requirements for Recruitment Activities

  • Licensed recruitment agencies (LRAs) must only acquire services from persons or entities duly licensed to engage in Overseas Filipino Worker (OFW) recruitment.
  • Use of unlicensed persons, sole proprietors, partnerships, or corporations to perform recruitment tasks is strictly prohibited.

Special Recruitment Authority for Off-Address Activities

  • LRAs intending to conduct recruitment outside their registered address must request a Special Recruitment Authority from the Philippine Overseas Employment Administration (POEA).
  • Such request must comply with requirements specified in Section 58 and 59, Rule VII, Part II of the 2016 Revised POEA Rules.
  • Recruitment activities conducted under this authority are limited to the venues specified and are subject to supervision by POEA, Department of Labor and Employment (DOLE), or Public Employment Service Office (PESO).

Participation in Job Fairs and Recruitment Activities

  • LRAs may participate in job fairs and conduct recruitment based on POEA-approved job orders.
  • The event organizer must have a valid DOLE permit.
  • Prior written notification must be submitted to POEA, listing authorized representatives, venue, date, and principals/employers involved.
  • This is for proper monitoring and supervision by the POEA.

Enforcement and Reporting

  • Non-compliance with these rules will result in appropriate sanctions by the POEA.
  • The public is urged to report illegal recruitment activities to POEA for action.

Legal Basis

  • The prohibitions and procedures are grounded in the 2016 Revised POEA Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino Workers.
  • Reference is made to Article 13(1) of Presidential Decree No. 442, as amended (Labor Code of the Philippines).

Administrative Authority

  • The POEA Administrator, Bernard P. Olalia, issued this advisory as a stern warning in response to improper recruitment practices that led to the death of an Overseas Filipino Worker, underscoring the agency's commitment to protect OFWs.

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