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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