Memorandum Circular No. 11-A
Series of 2004
TO
: All Concerned Agencies
SUBJECT
: Implementing Guidelines on the Issuance of Special
Recruitment Authority
for Recruitment Activity with the Participation of Authorized
Representative/s
of POEA Accredited/Registered Foreign Principals/Employers
and Acknowledgment of Authorized Representatives
Further
to Memorandum Circular No. 11, Series of 2004, the following guidelines
regarding the implementation of the Presidential Directive exempting
authorized representatives of accredited/registered foreign
principals/employers participating in recruitment activities in
accordance with existing laws, rules and regulations from the
requirement of a Special Work Permit are hereby issued for the
information and guidance of all concerned:
1.
Coverage – These guidelines shall apply to all recruitment activities
of an agency duly licensed by the POEA to be participated in by
authorized representative/s of its foreign principals/employers
registered or accredited with the Administration, as may be allowed
under existing laws, rules and regulations.
2.
Special Recruitment Authority (SRA) – Refers to the authority granted
to a licensed agency to conduct recruitment outside the registered
office or address stated in the license of an agency or its
acknowledged additional office(s), except for recruitment activities
conducted under Public Employment Service Office (PESO) Act of 1999
(R.A. 8759).
3.
Letter of Acknowledgement (LOA) – Refers to a letter acknowledging the
authorized representative(s) of an accredited or registered foreign
principal/employer who may from time to time come to the Philippines to
participate in recruitment activities within the registered business
address or acknowledged additional office(s) of an agency, during the
validity of accreditation/registration of said accredited/registered
foreign principal/employer, which shall be valid for a period of one
year from date of issuance.
4. Authorized Representative – Refers to the following:
a.
Those who are included in the POEA List/Database of
Accredited/Registered Foreign Principals/Employers and their authorized
representative/s;
b.
Those authorized by the accredited/registered foreign
principal/employer to represent it in the conduct of recruitment
activity in the Philippines, as may be allowed under existing laws,
rules, regulations, whose authorization is duly verified by the
concerned Philippine Overseas Labor Offices (POLO).
c.
Those authorized representatives of accredited/registered foreign
principals/ employers whose names have not yet been duly recorded/
encoded in the database but certified by the Pre-Employment Service
Office (PSO).
5. Requirements for Issuance of SRA with Participation of an Authorized Representative
a.
Letter request from the agency stating the exact date and venue of the
Special Recruitment Activity, as well as the name(s) of the designated
representatives;
b.
Copy of registration/ accreditation certificate of the foreign
principal/ employer with valid job order/manpower request;
c.
Undertaking that the agency shall take full responsibility for the acts
of its representatives as well as the authorized representative/s of
the accredited/registered foreign principal/employer; and
d.
Verified authorization under item 4 (b) or Certification from PSO that
foreign representative is an authorized representative of the agency’s
accredited/registered principal/employer in the case of those covered
under item 4 (c).
6. Requirements for Issuance of Letter of Acknowledgement of Authorized Representatives
a.
Letter request from the agency informing the Administration of the
names of the authorized representatives of an accredited or registered
foreign principal/employer. The POEA shall acknowledge a maximum of
three (3) authorized representatives for an accredited/registered
foreign principal/employer, which acknowledgment shall be valid for a
period of one year from date of issuance.
b.
List of officers/staff of the accredited/registered foreign
principal/employer duly verified by the concerned Philippine Overseas
Labor Offices (POLO); or
c.
Letter of Authority issued by the accredited/registered foreign
principal/employer to engage in recruitment activity in the Philippines
for and in its behalf, duly verified by the concerned POLO in case the
authorized representative is not included in letter (b) hereof.
7.
Where to File Application for SRA/ Request for Acknowledgment- An
application for issuance of SRA or Request for Acknowledgment of
authorized representative(s) shall be filed with the Employment
Regulation Branch, Licensing and Regulation office, this Administration.
8. When to File Application for SRA/Request for Acknowledgment of Authorized Representatives
a.
Special Recruitment Authority (SRA) – application for SRA must be filed
at least three (3) days prior to the scheduled date of recruitment
activities.
b.
Request for Acknowledgement (LA) – Request for acknowledgment of an
authorized representative may be filed at anytime after the foreign
principal/employer has been duly accredited or registered.
9.
Monitoring by the Bureau of Immigration - For monitoring purposes, the
Administration shall provide the Bureau of Immigration (BI) with
regularly updated list of accredited/registered foreign
principals/employers and their duly authorized representative/s, copies
of Letters of Acknowledgment of Authorized Representative(s) and SRA’s
issued for the conduct of special recruitment activities with the
participation of authorized representatives of POEA
registered/accredited foreign principals/employers, as well as copy of
the PSO Certification of an authorized representative not yet included
in the list.
10.
Applicability of Memorandum Circular No. 17, Series of 2002 - The
provisions of MC No. 17, Series of 2002 on validity, venue,
supervision, duration, changes/amendments, submission of Reports,
cancellation of SRA and conduct of special recruitment activities under
the PESO Act of 1999 shall likewise apply to Special Recruitment
Authorities issued under this Circular. Further MC No. 17, Series of
2002, shall continue to apply to the conduct of interviews in Hotels
within Metro Manila where there is no participation of any authorized
foreign representative.
11.
Sanctions – Foreign principals, employers or their authorized
representatives and agencies found violating the provisions of this
Circular or performing activities inconsistent therewith, shall be
subject to administrative sanctions in accordance with the Schedule of
Penalties prescribed under existing POEA Rules and Regulations, without
prejudice to any action the BI may take against the foreigner/s under
immigration laws and existing issuances.
All previous issuances inconsistent herewith are hereby repealed or modified accordingly.
For strict compliance.
chanroblesvirtualawlibrary
(sgd.) ROSALINDA DIMAPILIS-BALDOZ
Administrator
21 September 2004
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