Rules on Registration of Name Hired Workers

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POEA GOVERNING BOARD NO. 04, S. OF 2007: Rules on Registration of Name Hired Workers

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Title Supreme Court: Rules on Registration of Name Hired Workers

Law: Poea Governing Board No. 04, S. Of 2007

Decision Date: Aug 9, 2007

The POEA Governing Board Resolution No. 04, S. of 2007 establishes regulations for the registration of name-hired workers, allowing direct hiring by diplomatic corps and international organizations while requiring other foreign employers to obtain approval from the Secretary of Labor and Employment.

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Registration of Name-Hired Workers and Previous Regulatory Framework

Section 6, Rule III, Part III of the 2002 Rules and Regulations allowed registration of "name hires" as an exemption from the ban on direct hiring.
"Name hires" refer to workers who secured employment on their own without the involvement of recruitment agencies.
There was a need to harmonize the regulatory framework to ensure consistency with Article 18 of the Labor Code.

Repeal of Previous Provisions on Registration of Name-Hired Workers

The POEA Governing Board repealed Section 6, Rule III, Part III of the 2002 Rules concerning registration of name-hired workers.
This repeal aligns with the directive of Article 18 of the Labor Code regarding direct hiring.

Conditions for Processing Employment Contracts Under Direct Hiring

POEA will process employment contracts of workers directly hired only by:
1. Members of the diplomatic corps.
2. International organizations.
All other foreign employers must obtain approval from the Secretary of Labor and Employment before POEA processes employment contracts for directly hired workers.

Prohibition on Direct Hiring for Accredited Foreign Employers

Foreign employers who are registered or accredited with private recruitment agencies are prohibited from directly hiring workers.

Implementation and Enforcement

The POEA is tasked with promulgating the necessary guidelines to implement the provisions of this resolution.

Legal Authority and Adoption

The resolution was adopted on August 9, 2007, by the POEA Governing Board through the authority vested by the Labor Code and the Secretary of Labor and Employment.
The resolution is signed by key members of the Governing Board, including the Secretary of Labor and Employment as the chairman.

END