Memorandum Circular No. 07
Series of 2003
TO : All Concerned
SUBJECT : Guidelines Concerning Registration of Land-Based Name Hires
Pursuant
to Section 6, Rule III, Part III and Section 2, Rule I, Part V of the
POEA Rules and Regulations Governing the Recruitment and Employment of
Landbased Overseas Workers, the following guidelines on the
registration of name hires, are hereby issued:
A. Definition of Name Hire
Name
hire shall refer to a worker who is able to secure an overseas
employment opportunity without the assistance or participation of a
recruitment agency.
B. Coverage
1. These guidelines shall apply to landbased name hires, except household workers.
2. Only Filipino workers hired by direct employers may be processed as name hires.
3. Agency-endorsed name hires shall no longer be allowed.
C. Minimum Provisions of the Employment Contract
The following are the required minimum provisions of the employment contract:
1.
Guaranteed wages for regular work hours and overtime
pay, as appropriate, which shall not be lower than the prescribed
minimum wage in the host country, or the minimum wage set by a
bilateral agreement or international convention duly ratified by the
host country and the Philippines, or the minimum wage in the
Philippines, whichever is highest
2. Free transportation to and from the worksite or offsetting benefits
3. Free food and accommodation or offsetting benefits;
4.
Just/authorized causes for termination of the
contract or of the services of the workers taking into consideration
the customs, traditions, norms, mores, practices, company policies and
the labor laws and social legislations of the host country;
5.
Repatriation of worker's remains and proper disposition thereof, upon
previous arrangement with the worker's next-of-kin, or in the latter's
absence, the nearest Philippine embassy or consulate to the worksite;
or offsetting benefit/arrangement (for example, an employer's
undertaking on repatriation of the worker's remains, at the expense of
the employer, submitted to the host country as a requirement for the
issuance of work/entry permit, life insurance, etc.).
The
Administration reserves the right to disapprove employment contracts,
which contain provisions that are contrary to law, morals and public
policy.
D. Documentary Requirements
A name hire shall be registered by the POEA upon submission of the following documents:
1. Valid passport (original and photocopy)
2.
Employment contract or offer of employment or equivalent document, duly
signed by the employer and worker, (original and photocopy).
3. Visa/employment or work permit, or equivalent entry document (original and photocopy)
4. Certificate of medical fitness (with photograph of the worker)
5. Certificate of attendance to the required employment orientation/briefing
6. Duly accomplished OFW Info Sheet
The
documentary requirements for name hires shall be subject to
country/skill-specific deployment guidelines that the Administration
may adopt. Verification of employment contracts of workers belonging to
the professional workers category or those going to countries with
highly developed system of labor and social security shall not be
required, unless otherwise specified by the Philippine Overseas Labor
Office (POLO) or defined under separate country-specific guidelines.
C, Medical Examination
Name
hires shall undergo pre-employment medical examination at a medical
hospital or clinic accredited by the Department of Health (DOH) or
foreign embassy/consulate in Manila, or other government authorities of
the host country to conduct medical examination of overseas Filipino
workers, in accordance with the medical requirements of the host
country.
The
name hire shall choose a clinic from the list of accredited medical
hospitals and clinics which will be made available by the POEA. A
medical referral/endorsement form shall be issued by the POEA to the
worker for this purpose.
A
name hire with an "unfit to work" or expired medical certificate shall
not be registered unless the employer assumes full responsibility in
writing for the worker's medical condition should a medical problem
arise during the term of his/her employment.
A
name hire may be exempted from undergoing the pre-employment medical
certificate requirement if the host country requires medical
examination upon arrival at the jobsite and the employer guarantees
repatriation of the worker should a medical problem arise.
E. Pre-Departure Orientation Seminar
All
name hires, except those returning to the same jobsite shall be
required to attend a pre-departure orientation seminar or a special
briefing to be conducted by POEA before they shall be registered by the
Administration. Workers belonging to the professional category may be
administered a special briefing on relevant information requirements.
The workers shall be referred to the Workers Education Division of this
Administration for the appropriate orientation/briefing.
F. Payment of Fees
The following fees shall be paid upon completion of all documentary requirements for registration:
1. At employer's cost:
POEA processing fee - US$100 or its peso
equivalent
OWWA contribution - US$ 25 or its peso
equivalent
2. At worker's cost:
Medicare coverage premium
- P900
An
Order of Payment shall be issued to the worker for payment of the
above-cited fees. After payment of the required fees, the
Administration shall issue the Overseas Employment Certificate (OEC) or
e-Receipt to the worker.
G. Accredited / Registered Employer
A
name hire whose foreign employer has a valid accreditation/registration
with a licensed Philippine agency shall not be registered as name hire
by the Administration without notifying the Philippine agency. However,
despite absence of clearance from the agency, the Administration may
still proceed with the registration of the name hire, upon submission
of an affidavit of declaration by the worker that in the event that his
employer renege on contractual obligation, he/she shall have no
recourse against the Philippine agent.
H. Registration at the POEA Regional Centers / Extension Units
Workers may also register as name hires at any of the POEA Regional Centers and Regional Extension Units in the provinces.
I. Monitoring of Registered Name Hires
The
Administration shall transmit on a regular basis the list of registered
name hires to the various Philippine Embassies/Consulates or POLOs in
the host countries for regular monitoring.
For guidance and strict compliance.
ROSALINDA DIMAPILIS-BALDOZ
Administrator
17 February 2003
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