Definition of Key Terms
- Temporary Disqualification: Suspension from participation in the overseas employment program due to failure to file an answer after proper summons.
- Lifting of Temporary Disqualification: Removal of suspension upon filing an answer or voluntary submission to POEA jurisdiction.
Procedure for Temporary Disqualification
- Upon receipt of a disciplinary complaint, the Overseas Employment Adjudicator (OEA) serves summons to respondents at indicated or official addresses.
- If respondent fails to file an answer within the prescribed period despite proper summons, the OEA notifies the Docket and Enforcement Division using a Notice of Inclusion.
- Proper service of summons must be proven before issuance of Notice of Inclusion.
- The Docket and Enforcement Division records and includes the respondent in the temporary disqualification list.
Procedure for Lifting Temporary Disqualification
- Upon respondent or authorized representative filing an answer or submitting to POEA jurisdiction, the OEA notifies the Docket and Enforcement Division with a Notice for Delisting.
- The Docket and Enforcement Division removes the respondent from the temporary disqualification list.
- The POEA Administrator may, at her discretion, allow participation in special circumstances despite temporary disqualification.
Legal and Administrative Effects
- Temporary disqualification and its lifting do not prejudice the final outcome of the disciplinary investigation.
- Proper penalties may still be imposed consistent with POEA Rules and Regulations.
- This memorandum modifies or repeals prior inconsistent issuances.
- Strict compliance is mandated by the POEA Administrator Rosalinda Dimapilis-Baldoz.