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This webpage features the full text of
Memorandum Circular No. 17, Series of 2002


  

 

Memorandum Circular No. 17
Series of 2002

 

 
TO       :        All Concerned Agencies

SUBJECT   :        Special Recruitment Authority
 
Pursuant to Rule VI, Part II, 2002 POEA Rules and Regulations Governing the Recruitment and Employment of Land-based Overseas Workers, the following guidelines on the requirements and conditions for issuance of Special Recruitment Authority are hereby issued for the information and guidance of all concerned:cralaw:red

1.    Coverage - These guidelines shall apply to all recruitment activities conducted 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 the Public Employment Service Office (PESO) Act of 1999 (RA 8759).
2. Special Recruitment Authority (SRA) - Refers to the authority granted to an agency to conduct recruitment outside its registered business address approved by the Administration.
 
3.    Requirement for Issuance of SRA-  A Special  Recruitment Authority may be issued upon submission of the following documentary requirements.  chanroblesvirtualawlibrary

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. An agency may be allowed a maximum of FOUR (4) local representatives who have the full authority to decide on the selection of workers during the special recruitment activity. If designated representative(s) is not included in the agency list of officers and staff submitted to the Administration, NBI and AIRB/POEA clearance shall be required from the unlisted representative(s);

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 authorized representative(s); and


d. For Foreign Principals/Employers participating in the special recruitment activity. Special Work Permit (SWP) from the Bureau of Immigration.

 
 4.  Where to File Application - An application for issuance of SRA may be filed with any of the following POEA offices:

a. Employment Regulation Branch /Licensing and Regulation Office;

b. POEA Regional Center or Regional Extension Unit (REU) under
whose area of jurisdiction the agency is located; or

c.  POEA Regional Center or Regional Extension Unit (REU) under
whose area of jurisdiction the special recruitment activity will be conducted.


5. When to File Application - Applications for issuance of SRA must be filed at least THREE (3) DAYS before the scheduled date of the special recruitment activity.

6.   Changes /Amendment in the Special Recruitment Authority - Any change / amendment the agency may wish to effect in a Special Recruitment Authority previously issued to it, such as change of date /venue of the activity, change / additional representative(s), additional employer, shall be communicated to the Administration at least TWO (2) DAYS before the scheduled date of the special recruitment activity. Otherwise, the same shall not be approved.

7. Authority to Issue, Extend, Modify, and Revoke SRA's - Subject to existing guidelines., a Special Recruitment Authority may be issued by the POEA Office/Unit where the application has been filed. The issuing office/unit may likewise extend, modify or revoke a Special Recruitment Authority issued by it as it may deem fit and appropriate.

8. Validity of Special Recruitment Authority - A Special Recruitment Authority shall be valid only on the date(s) and within the venue specified therein unless otherwise extended, modified or revoked by the Administration.

9. Venue and Supervision of Special Recruitment Activity - Special recruitment activities shall only be conducted at the venue stated in the SRA and under the supervision of duly authorized representatives of the Administration, DOLE Regional Office or appropriate local government unit, as the case may be. Accordingly, application for SRA covering Saturdays, Sundays and Holidays shall not be approved unless DOLE/POEA Regional Offices will issue a No Objection Certificate (NOC) and it is shown that a duly authorized representative of the above mentioned offices will be available to supervise the activity.

10. Duration of Special Recruitment Activity - An agency may be allowed to conduct special recruitment activities outside its registered office for a maximum period of TWO (2) WEEKS, cumulatively, in a month. However, longer durations may be allowed for agencies who are able to attain a minimum annual deployment of TEN (10) PERCENT of the applicants they recruited during special recruitment activities. For this purpose, a close monitoring system between and among SRA issuing office(s)/unit(s) shall be established.

11.     Submission of Reports - An agency which has been issued a Special Recruitment Authority shall submit to the issuing POEA office / unit a terminal report and a progress deployment report using the prescribed Report Forms, within FIVE (5) DAYS and ONE HUNDRED TWENTY (120) DAYS respectively from the termination of the special recruitment activity. No subsequent authority shall be issued until the agency has submitted the said reports.

12.     Cancellation of Special Recruitment Authority - Special Recruitment Authority may be cancelled;chanroblesvirtualawlibrary

a. by the Administration for violation of the conditions set in the authority such as venue, representative(s), duration and failure to comply with these guidelines and other applicable rules and regulations

b. by the Agency for personal reasons. The agency shall formally notify the host office and the Administration of any cancellation of its special recruitment activity at least TWO (2) DAYS from the date of the scheduled activity. Cancellation of Special Recruitment Authority by the agency without valid reason shall mean the exhaustion of the period of duration granted in the Special Recruitment Authority being cancelled and which is deductible from the total period of duration agencies are allowed for the conduct of special recruitment activities.

13. Special Recruitment Activities under the Public Employment Service Office (PESO) Act of 1999 (RA 8759). Agencies invited to participate in jobs fairs and other recruitment activities initiated and organized by the Public Employment Service Office(s) (PESO's) or who will conduct provincial recruitment in Public Employment Service Offices are not required to secure Special Recruitment Authority from the Administration. Such recruitment activities are, however, subject to the rules and regulations governing overseas employment.

14. Conduct of Interviews in Hotels within Metro Manila. The conduct of interviews in Hotels within Metro Manila shall no longer require Special Recruitment Authority and the presence of inspectors to monitor the said activities. A prior letter of advice informing the Administration of the special recruitment activity being undertaken will suffice. Where the recruitment activity is for manpower pooling, the agency shall post in visible places within the recruitment area the prescribed phrase “FOR MANPOWER POOLING ONLY" in BOLD and LEGIBLE letters.

Manpower pooling during special recruitment activities outside Metro Manila shall not be allowed.

15. All previous issuances on the subject inconsistent herewith are hereby repealed and/or modified accordingly.

For strict compliance.

ROSALINDA  DIMAPILlS-BALDOZ
Administrator


November 11, 2002

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