GUIDELINES ON THE DIRECT HIRING OF FILIPINO PROFESSIONALS AND SKILLED WORKERS
Direct hiring of overseas Filipino workers (OFWs) is governed by Article 18 of the Labor Code of the Philippines, Republic Act No. 10022, Department of Labor and Employment (DOLE) Administrative Order No. 196, Series of 2018, and the Revised Philippine Overseas Employment Administration (POEA) Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino Workers of 2016.
BAN ON DIRECT HIRING OF FILIPINO WORKERS
The above-mentioned laws and regulations prohibit the direct-hiring of an overseas Filipino worker (OFW). Any employer intending to hire an OFW is, therefore, required to recruit through POEA-accredited/licensed employment/recruitment agencies.
POEA Memorandum Circular No. 8, Series of 2018 (click here for copy) enumerates certain categories of employers who are exempted from the ban on direct hiring; and provides guidelines on the registration of direct hires with POEA.
EMPLOYERS EXEMPTED FROM THE BAN ON DIRECT HIRING OF PROFESSIONALS AND SKILLED WORKERS
The following employers are exempted from the ban on direct hiring of professionals and skilled workers:
- Members of the diplomatic corps;
- International organizations;
- Heads of state and government officials with the rank of at least deputy minister; or
- Other employers as may be allowed by the POEA, such as:
a. Those provided in 1, 2 and 3 above who bear a lesser rank, if endorsed by the Philippine Overseas Labor Office (POLO);
b. Employers of professionals and skilled workers with duly executed verified/authenticated contracts containing terms and conditions over and above the standards set by the POEA. The number of professionals and skilled 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
c. Those permanent residents of the host country who are hiring relatives/family members.
STEPS AND REQUIREMENTS ON THE REGISTRATION OF DIRECT-HIRES
1. To set an appointment (click here).
2. Come to the Philippine Overseas Labor Office (POLO) of the Philippine Embassy (Singapore) and submit the following documents for verification:
A. Employment contract signed on each page by the employer or the authorized representative containing terms and conditions, which are over and above the POEA employment minimum standards (one original). Note: Please see Section II b & c of POEA Memorandum Circular No. 8, Series of 2018 for POEA minimum standards and additional standards for professionals and skilled workers (click here for copy);
B. Most recent photocopy of Company profile & ACRA of the current year;
C. Most recent photocopy of business license/commercial registration of the employer;
D. Photocopy of work pass of the worker such as E-Pass, S-Pass, Work Permit for Non-Domestic Worker or IPA;
E. Photocopy of data page of passport of worker valid for at least six (6) months before the date of intended departure from the Philippines; and
F. POEA Compliance Letter (click here);
G. Confirmation (click here);
H. Payment of SG$17.00 Verification Fee (cash only)
3. Collect the verified documents together with POLO endorsement letter on the indicated date of collection.
4. Send verified documents to the worker being directly hired in the Philippines.
1. Proceed to the Direct Hire Assistance Division of the POEA and submit the following documents:
A. Verified original employment contract;
B. Passport valid at least six (6) months before the date of intended departure from the Philippines;
C. Valid work pass or IPA;
D. Certificate of medical fitness to work from a DOH-accredited medical clinic for OFWs;
E. Proof of certificate of insurance coverage covering at least the benefits provided under Section 37-A of Republic Act 8042 as amended;
F. Notarized statement by the worker on how the employment was secured, attaching the photocopy of the employer’s passport/ID and contact details; and
G. Certificate of attendance to the Pre-Employment Orientation Seminar (PEOS) and Pre-Departure Orientation Seminar (PDOS) conducted by OWWA.