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| Memorandum Circular No. 24
Series of 2003 SUBJECT : Guidelines on the Transfer of Registration/Accreditation of Land-Based Principals
Pursuant to Section 10 Rule I, Part III of the POEA Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Workers and in order to further streamline the procedures and requirements on the revocation and transfer of registration/accreditation of landbased principals/employers, the following guidelines are hereby issued: I. Coverage These guidelines shall apply to foreign placement agencies (FPAs) and direct employers that have valid registration or accreditation with a Philippine recruitment agency (PRA). II. Requirements for Transfer of Registration/Accreditation a.
Verified or notarized revocation of the Special Power of Attorney (SPA)
granted by the principal to the former agent;
b. Copy of revocation notice of principal to former agent; c. Copy of acknowledgement of notice of revocation by the former agent; d. Application letter of the new agent for the transfer of registration/accreditation, together with the requirements for registration/accreditation; e. Affidavit of assumption of responsibility for all contractual obligations of the principal to its workers originally recruited and processed by the former agency, by the transferee agent, if the principal is a foreign placement agency (FPA). III. Procedures on the Transfer of Registration/Accreditation a.
Upon receipt of the requirements for transfer of registration/
accreditation, the Administration shall favorably act on the transfer.
b. In case the Administration receives a notice of objection on the revocation/transfer from the former agent prior to the action on the transfer, the Administration shall notify the principal accordingly: c. Once the Administration is informed by the principal and the former agent that the problem has been settled, the Administration shall proceed with the transfer of accreditation/registration; d. In case the principal contests the former agency's allegation, the matter is referred to the POEA Legal Counsel for conciliation. IV. Conciliation of Claims Claims for money or enforcement of obligations arising out of business relations between principals and their existing Philippine agencies may be conciliated by the Administration. However, the pendency of the conciliation shall not prevent the Administration from acting on the request for registration or accreditation if the public interest so requires and the applicant meets all the requirements for registration or accreditation. If no compromise or amicable settlement is reached during the conciliation proceedings, the parties are free to ventilate their claims before the proper forum. All previous issuances inconsistent herewith are deemed repealed. This Circular shall take effect 15 days after its publication in a newspaper of general circulation.
ROSALINDA DIMAPILIS-BALDOZ
Administrator
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 Harvard
Computer Systems, Inc. |
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