POEA issues clarification on deployment of direct hire workers

POEA issues clarification on deployment of direct hire workers The Philippine Overseas Employment Administration has issued an advisory clarifying the government’s policy on the deployment of overseas Filipino workers hired directly by foreign employers.

 POEA officer-in-charge Aristodes R. Ruaro said that effective November 3, 2016, the POEA is strictly observing the full implementation of the policy on direct hires as mandated by the 2016 Revised Rules and Regulations on the Recruitment and Employment of OFWs as follows: SECTION 123. Ban on Direct Hires. — No employer shall directly hire an Overseas Filipino Worker for overseas employment. SECTION 124.Exemption from the Ban on Direct Hiring. — The following are exempted from the ban on direct hiring: a. Members of the diplomatic corps; b. International organizations; c. Heads of state and government officials with the rank of at least deputy minister; or d. Other employers as may be allowed by the Secretary of Labor and Employment, such as:

1.      Those provided in (a), (b) and (c) who bear a lesser rank, if endorsed by the POLO, or Head of Mission in the absence of the POLO; 2.

2.      Professionals and skilled workers with duly executed/ authenticated contracts containing terms and conditions over and above the standards set by the POEA. The number of professional and skilled Overseas Filipino Workers hired for the first time by the employer shall not exceed five (5). For the purpose of determining the number, workers hired as a group shall be counted as one; or

3.       Workers hired by a relative/family member who is a permanent resident of the host country. Those who were exempted from the ban should register with the POEA and submit the following documents for evaluation:

a. Verified/authenticated original employment contract which is over and above the POEA-prescribed employment contract;

b. Passport valid at least six (6) months from the date of intended departure;

c. Valid and appropriate visa or work permit;

d. Certificate of medical fitness;

e. Proof of certificate of insurance coverage covering at least the benefits provided under Section 37-A of RA 8042, as amended;

f. Certificate of attendance to the required employment orientation/briefing; and

g. Clearance from the Secretary of Labor and Employment for those covered under Section 124 (d) of these Rules.

Ruaro said complete requirements can be downloaded from the POEA website poea.gov.ph. Ruaro advised applicant workers to finalize flight booking or departure schedule only upon issuance of the DOLE clearance and the overseas employment certificate from the POEA.