RULE IV

LICENSING OF POCB - REGISTERED

COMPANIES

Section 1. Issuance of License. POCB-registered companies with overseas projects duly accredited by the POCB may apply for a license subject to the following requirements:

1. Articles of incorporation

2. A certified true copy of its POCB certificate of registration; and

3. Proof of payment of non-refundable filing fee of P10,000.00.

However, application for a license by POCB-registered companies without POCB-accredited

overseas projects shall be subject to the usual requirements for issuance/renewal of license as

prescribed in Rule II, Part 2 of these Rules.

Section 2. Payment of Fees. Upon approval of the application, the contractor company shall:

1. Pay a license fee of P50,000.00; and

2. Post a surety bond in the amount of P50,000.00 and escrow deposit of P200,000.00.

Section 3. Validity of License. The license shall be valid for four (4) years from date of issuance and co-terminus with the validity of the POCB registration, unless sooner cancelled, revoked by the Secretary of Labor and Employment, or suspended by the Administration for violation of the Labor Code and its rules relevant decrees, orders and issuances and rules and regulations of the

Department of Labor and Employment. Such license shall be valid only at the place stated therein and when used by the licensee or authorized POCB registered company.

Section 4. Requisites for Renewal. Upon expiration of the license, the POCB registered company

shall submit a written application together with the following requirements:

1. Certified copy of POCB Certificate of Renewal of Registration;

2. Proof of renewed surety bond of P50,000.00; and

3. Certificate from the bank that the escrow deposit of P200,000.00 is still intact.

RULE V

FEES, COSTS AND CONTRIBUTIONS

Section 1. Service Fee. Agencies shall charge from their principals a service fee to cover services rendered in the recruitment, documentation and placement of workers. The Administration shall provide incentives to agencies and employers who are able to comply with this rule.

Section 2. Fees and Costs Chargeable to Principals. Unless otherwise provided, the principal shall be responsible for the payment of the following:

1. visa fee;

2. airfare

3. POEA processing fee; and

4. OWWA membership fee

Section 3. Fees/Costs Chargeable to the Workers. Except where the prevailing system in the country where the worker is to be deployed, either by law, policy or practice, do not allow the charging or collection of placement and recruitment fee, a landbased agency may charge and collect from its hired workers a placement fee in an amount equivalent to one month salary, exclusive of documentation costs.

Documentation costs to be paid by the worker shall include, but not limited to, expenses for the following:

1. Passport

2. NBI/Police/Barangay Clearance

3. Authentication

4. Birth Certificate

5. Medicare

6. Trade Test, if necessary

7. Inoculation, when required by host country

8. Medical Examination fees

In the event that the recruitment agency agrees to perform documentation services, the worker shall pay only the actual cost of the document which shall be covered by official receipts.

The above-mentioned placement and documentation costs are the only authorized payments that may be collected from a hired worker. No other charges in whatever form, manner or purpose, shall be imposed on and be paid by the worker without prior approval of the POEA.

Such fees shall be collected from a hired worker only after he has obtained employment through the facilities of the recruitment agency.

RULE VI

RECRUITMENT OUTSIDE REGISTERED OFFICE

Section 1. Conduct of Recruitment Outside Registered Office. Except for recruitments conducted under the Public Employment Service Office Act of 1999 (RA 8759), no licensed agency shall conduct recruitment activities of any form outside of the address stated in the license or acknowledged additional office(s) without securing prior approval from the Administration. A special recruitment authority shall be issued upon compliance with the documentary requirements prescribed by the Administration.

Section 2. Venue. Recruitment activities outside the registered office of the agency shall be conducted only at venues authorized by the Administration, and shall be supervised by the Administration, the DOLE, or the appropriate local government unit.

Section 3. Validity of Special Recruitment Authority. The special authority granted to an agency to conduct recruitment activities outside of its registered office based on its manpower requirements shall be valid for a specified period unless otherwise extended, modified or revoked by this Administration or any of its regional offices concerned.

Section 4. Cancellation of Authority. The Administration reserves the right to cancel a special recruitment authority issued to an agency for violation of the conditions set in the authority such as venue, representative, duration and compliance with these rules.

Section 5. Submission of Report. The agency shall submit a terminal report to the Administration within thirty (30) days from termination of the recruitment activity conducted outside its registered office. No subsequent authority shall be issued until the agency has submitted its report.

RULE VII

ADVERTISEMENT FOR OVERSEAS JOBS

Section 1. Advertisement for Actual Job Vacancies. Licensed agencies may advertise for actual job vacancies without prior approval from the Administration if covered by manpower requests of registered/accredited foreign principals and projects. The advertisements shall indicate the following information:

1. Name, address and POEA license number of the agency;

2. Work site of prospective principal/project;

3. Skill categories and qualification standards; and

4. Number of available positions

Section 2. Advertisement for Manpower Pooling. Licensed agencies may advertise for manpower pooling without prior approval from the Administration subject to the following conditions:

1. The advertisement should indicate in bold letters that it is for manpower pooling only and that no fees will be collected from the applicants; and

2. The advertisement indicates the name, address and POEA license number of the agency, name and worksite of the prospective registered/accredited principal and the skill categories and qualification standards.

Section 3. Foreign Advertisers for Overseas Job Vacancies. Foreign principals/employers who wish to advertise overseas job vacancies may do so only through a POEA-licensed agency or through the Administration.

RULE VIII

SKILLS TEST AND MEDICAL EXAMINATION

FOR OVERSEAS EMPLOYMENT

Section 1. When to Refer for Skills Test. An applicant for overseas employment shall be referred for skills test to a TESDA-accredited skills-testing center only after the agency and/or its foreign principal or employer has interviewed and pre-qualified him to an existing overseas position duly covered by an approved job order by the Administration.

Section 2. Scope of Skills Test. The agency shall ensure that the test shall only be for the skill category that the worker has applied for.

Section 3. When to Refer for Medical Examination. The agency shall refer an applicant for overseas employment medical test to a DOH-accredited medical clinic only after the agency and/or its foreign principal or employer has interviewed him and pre-qualified him for an existing overseas position duly covered by an approved job order by the Administration.

Section 4. Scope of Medical Examination. The agency shall ensure that the medical examination shall be conducted in accordance with the requirements of the employer.

RULE IX

DEPARTURE AND ARRIVAL OF OVERSEAS FILIPINO WORKERS

Section 1. Departure of Workers. All departing OFWs shall be monitored through the POEA assistance centers established by the Administration at international airports and other exit points in the country to ensure that they are properly documented before proceeding to their overseas job sites. Workers without proper documents shall not be cleared by the center.

Section 2. Overseas Employment Certificate (OEC) Issuance at the Center. Departing overseas

Filipino workers may secure overseas employment certificate at the labor assistance centers under such circumstances as may be determined by the Administration. POEA shall cease issuing OECs as soon as the computerized ID system is implemented.

Section 3. Arrival of Workers. The LAC shall support OWWA and other government agencies in providing assistance to arriving workers particularly those who are in distress.

Section 4. POEA Clearance for Special Cases. The POEA shall issue special clearances for travel abroad in accordance with guidelines which may be issued by the Administration.

RULE X

LEGAL ASSISTANCE AND ENFORCEMENT MEASURES

Section 1. Acts Constituting Illegal Recruitment. Illegal Recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referrals, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority. Provided, that any such non-licensee or non-holder who, in any manner, offer or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following acts committed by any person whether or not a holder of a license or authority:

1. To charge or accept directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary or to make a worker pay the recruiter or its agents any amount greater than that actually loaned or advanced to him;

2. To furnish or publish any false notice or information or document in relation to recruitment or employment;

3. To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code;

4. To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment;

5. To influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency;

6. To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines as may be prohibited by law or duly constituted authority;

7. To obstruct or attempt to obstruct inspection by the Secretary or by his/her duly authorized representative;

8. To fail to submit reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters or information as may be required by the Secretary under penalty of law;

9. To substitute or alter to the prejudice of the worker, employment contract approved and verified by the DOLE from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the DOLE;

10. For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a travel agency;

11. To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under the Labor Code and its implementing rules and regulations;

12. To fail to actually deploy without valid reason as determined by the DOLE; and

13. To fail to reimburse expenses incurred by the worker in connection with his/her documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker's fault.

Section 2. Anti-Illegal Recruitment Programs. The Administration shall adopt policies and procedures, prepare and implement programs toward the eradication of illegal recruitment activities such as, but not limited to the following:

1. Providing legal assistance to victims of illegal recruitment and related cases;

2. Assistance in the prosecution of suspected illegal recruiters;

3. Special operations such as surveillance of persons and entities suspected to be engaged in illegal recruitment; and

4. Information and education campaign.

Whenever necessary, the Administration shall coordinate with other appropriate entities in the implementation of said programs.

Section 3. Legal Assistance. The Administration shall provide free legal assistance to victims of illegal recruitment and related cases including but not limited to, legal advice, assistance in the preparation of complaints and supporting documents, institution of criminal actions and whenever necessary, provide counseling during preliminary investigation and hearings.

Section 4. Receiving Complaints for Illegal Recruitment. Victims of illegal recruitment and related cases may file with the Administration a report or complaint in writing and under oath for assistance purposes. In regions outside the National Capital Region, complaints and reports involving illegal recruitment may be filed with the appropriate regional office of the Administration or DOLE.

Section 5. Action on the Complaint/Report. Where the complaint/report alleges that illegal recruitment activities are on-going, surveillance shall be conducted and if such activities are confirmed in the preliminary examination, issuance of closure order may be recommended to the POEA Administrator through the Director of the Licensing and Regulation Office (Director-LRO).

If sufficient basis for criminal action is found, the case shall be immediately forwarded to the appropriate office for such action.

Section 6. Surveillance. The Administrator and/or designated official in the DOLE regional offices may, on his own initiative, conduct surveillance on the alleged illegal recruitment activities.

Within two (2) days from the termination of surveillance, a report supported by an affidavit, shall be submitted to the Director-LRO or the Regional Director concerned, as the case may be.

Section 7. Issuance of Closure Order. The Secretary or the Administrator or the DOLE Regional

Director of the appropriate regional office outside the National Capital Region, or their duly authorized representatives, may conduct an ex-parte preliminary examination to determine whether the activities of a non-licensee constitute a danger to national security and public order or will lead to further exploitation of job seekers. For this purpose, the Secretary, the Administrator or the Regional Director concerned or their duly authorized representatives, may examine personally the complainants and/or their witnesses in the form of searching questions and answers and shall take their testimony under oath. The testimony of the complainants and/or witnesses shall be reduced in writing and signed by them. If upon the preliminary examination or surveillance, the Secretary, the Administrator or DOLE Regional Director is satisfied that such danger or exploitation exists, a written order may be issued for the closure of the establishment being used for illegal recruitment activity. In case of a business establishment whose license or permit to operate a business was issued by the local government, the Secretary, the Administrator or the Regional Director concerned shall likewise recommend to the granting authority the immediate cancellation/ revocation of the license or permit to operate its business.

Section 8. Implementation of Closure Order. Closure order shall be served upon the offender or the person in charge of the establishment subject thereof. The closure shall be effected by sealing the establishment and posting a notice of such closure in bold letters in a conspicuous place in the premises of the establishment. Whenever necessary, the assistance and support of the appropriate law enforcement agencies may be requested for this purpose.

Section 9. Report on Implementation. A report on the implementation of the closure order executed under oath, stating the details of the proceedings undertaken shall be submitted to the Director-LRO or the Regional Director concerned, as the case may be, within two (2) days from the date of implementation.

Section 10. Institution of Criminal Action. The Secretary, the Administrator or the Regional Director concerned, or their duly authorized representatives or any aggrieved person, may initiate the corresponding criminal action with the appropriate office. Where a complaint is filed with the Administration and the same is proper for preliminary investigation, it shall file the corresponding complaint with the appropriate officer, with the supporting documents.

Section 11. Motion to Lift A Closure Order. A motion to lift a closure order which has already been implemented may be entertained only when filed with the Licensing and Regulation Office (LRO) within ten (10) calendar days from the date of implementation thereof. The motion shall clearly state the grounds upon which it is based, attaching thereto the documents in support thereof. A motion to lift which does not conform with the requirements herein set forth shall be denied.

Section 12. Who May File. The motion to lift a closure order may be filed only by the following:

1. The owner of the building or his/her duly authorized representative;

2. The building administrator or his/her duly authorized representative;

3. The person or entity against whom the closure order was issued and implemented or the duly authorized representative; or

4. Any other person or entity legitimately operating within the premises closed/padlocked and whose operations/activities are distinct from the recruitment activities of the person/entity subject of the closure order.

Section 13. Grounds for Lifting/Re-Opening. Lifting of the closure order and/or re-opening of the office closed or padlocked may be granted on any of the following grounds:

1. That the office is not the subject of the closure order;

2. That the contract of lease with the owner of the building or the building administrator has already been cancelled or terminated. The request to re-open shall be duly supported by an affidavit of undertaking either of the owner of the building or the building administrator that the same will not be leased/rented to any other person/entity for recruitment purposes without the necessary license from the Administration;

3. That the office is shared by a person/entity not involved in illegal recruitment activities, whether directly or indirectly; or

4. Any other ground that the Administration may consider as valid and meritorious. Lifting of a closure order is without prejudice to the filing of a criminal complaint with the appropriate office against the person alleged to have conducted illegal recruitment activities.

Section 14. Appeal. The order of the POEA Administrator denying the motion to lift may be appealed to the Secretary within ten (10) days from the service or receipt thereof.

Section 15. Re-Padlocking of Office. Where a re-opened office was subsequently confirmed to be used for illegal recruitment activities, a new closure order shall be issued which shall no longer be subject to a motion to lift.

[ back to POEA Rules and Regulations ]