Memorandum Circular No. 10
Series of 2003
TO : All Concerned
RE : Recruitment and Placement Activities of Immigration Consultancy Agencies
and Other Similar Entities.
Pursuant to Sec.23 (b.1) of R.A. 8042, otherwise known as the Migrant Workers and Overseas Filipino Act of 1995,
providing that the POEA shall regulate private sector participation in
the recruitment and placement of workers through a licensing and
registration system, and consistent with the provisions of Section 6 of
the same Act defining illegal recruitment as recruitment and placement
activities undertaken by a non-license or non-holder of authority and
Article 18 of the Labor Code, as amended, prohibiting direct hiring
except in those cases allowed by the Secretary of Labor and Employment,
the following guidelines are hereby issued for the guidance of all
concerned:
I. COVERAGE
This
Circular shall cover all immigration consultancy agencies, whether
foreign or local based, and other similar entities which do not limit
themselves to document facilitation and visa assistance for immigrants,
but engage in recruitment and placement activities as defined under
Part I, Rule II of the 2002 POEA Rules and Regulations Governing the
Recruitment and Employment of Land-based Overseas Workers.
II. LICENSING
Immigration
consultancy agencies and similar entities as above referred to, which
are based locally, are required to obtain a license in accordance with
the guidelines governing the requirements and procedure for issuance of
a landbased license as provided in Part II, Rule I, Sections I and 2
and Rule II, Sections 1 to 5 of the 2002 POEA Rules and Regulations,
before they may engage in recruitment and placement activities,
regardless of the visa under which deployment shall be made eventually.
III.
VERIFICATION OF DOCUMENTS REGISTRATION / ACCREDITATION OF EMPLOYERS /
PRINCIPALS / PROJECTS, AND PROCESSING OF DOCUMENTS FOR DEPLOYMENT.
Foreign
employers / principals / projects of immigration consultancy agencies
and other similar entities covered under this circular shall be
registered or accredited in accordance with the guidelines governing
the requirements and procedures prescribed under Part III, Rules I to
III of the 2002 POEA Rules and Regulation.
A special registration facility shall be set up to facilitate the documentation and deployment of EB3 visa holders.
IV. FOREIGN-BASED IMMIGRATION CONSULTANCY AGENCIES AND OTHER SIMILAR ENTITIES.
Foreign-based
immigration consultancy agencies and other similar entities are not
allowed to engage in recruitment and placement activities, except
through licensed agencies to which they may seek accreditation or
registration.
V. FEES CHARGEABLE TO WORKERS
A. Worker's Deployed on Worker's Visa/Permit
Entities
subject of this circular may charge and collect fees and documentation
costs from a hired worker in accordance with Section 3, Rule V, Part II
of the 2002 POEA Rules and Regulations.
B. Workers Deployed on Employment Based Immigrant Visa
Entities
subject of this circular, in addition to the fees mentioned in the
preceding paragraph, may likewise charge fees for other services
rendered and other incidental costs/expenses incurred which are allowed
and/or imposed under immigration laws of the host country.
Such
fees shall be duly covered with official receipts and may be collected
only after a worker has been issued the necessary EB3 Visa.
VI. APPLICABLE RULES AND REGULATIONS
The
operation/participation of immigration consultancy agencies and other
similar entities covered under the circular shall be governed by the
2002 POEA Rules and Regulations, unless otherwise expressly provided
under this circular or any other issuance.
VII. SANCTIONS
Immigration
consultancy agencies and other similar entities who engage in the
recruitment and placement of workers, whether on worker's visa or
employment-based immigrant visa, without a license or authority issued
by this Administration, shall be subjected to prosecution for illegal
recruitment and such other appropriate action as may be necessary
pursuant to the pertinent provisions of RA 8042 and its Implementing
Rules and Regulation.
All issuances and policies inconsistent herewith are deemed modified or repealed accordingly.
This Circular shall take effect immediately.
For strict compliance.
ROSALINDA DIMAPILIS-BALDOZ
Administrator
March 25, 2003
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