Memorandum Circular No. 14
Series of 2003
TO
: All Land-Based Licensed Agencies
SUBJECT
: Guidelines on
Transfer of Accreditation/Registration of Foreign Placement
Agencies (FPAs)
Pursuant
to Section 10, Rule I, Part III of the 2002 POEA Rules and
Regulations Governing the Recruitment and Employment of Landbased
Overseas Workers, the following guidelines shall govern the transfer of
registration/accreditation of foreign placement agencies:
I. Coverage
Foreign
Placement Agencies (FPAs) that have valid registration or accreditation
with a Philippine Recruitment Agency (PRA) may transfer their
registration or accreditation to another PRA upon submission of the
necessary requirements. These guidelines shall not apply to FPAs whose
registration or accreditation has already expired.
II. Requirements for transfer of registration/accreditation
1.
Revocation by the FPA of the Special Power of Attorney (SPA) granted to
the former agent. The revocation shall be notarized or certified or
authenticated by the Chamber of Commerce or Notary Public or other
similar offices in the jobsite;
2. Notice of the FPA to the previous agent of such revocation;
3. Application of the new agent for the transfer of registration or accre¬ditation;
4.
Verified SPA issued to the new agent, Manpower request and Master
Employment Contract. Verification shall be done by the Philippine
Overseas Labor Office
(POLO) nearest the
worksite prior to registration.
5. Affidavit of assumption of responsibility by the transferee agent.
III. Action on the application for transfer of registration/accreditation
1.
Upon receipt of the application for the transfer of
registration or accre¬ditation, the Administration shall notify the
previous agency of such application.
2.
The Administration shall act on the request for transfer of
registration or accreditation within twenty-four (24) hours upon
submission of all requirements by the new transferee agency, provided
there are no legal impediments or orders prohibiting such action.
3.
Moreover, in accordance with Section 11 of the same Rule, claims for
money or enforcement of obligations arising out of business relations
between the FPA and the former agent may be conciliated by the
Ad¬ministration. However, the pendency of the conciliation shall
not prevent the Administration from acting on the request for
registration or accreditation if 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.
4.
All actions on the applications for transfer shall be without prejudice
to any action, administrative or otherwise, that may be instituted by
the former agent against the principal (FPA).
The
above requirements and procedures shall likewise apply to transfer of
registration or accreditation of direct principals and/or employers.
All issuances inconsistent herewith, including those issued for special markets, are hereby repealed or modified accordingly.
This Circular shall take effect fifteen (15) days after publication.
For strict compliance.
ROSALINDA DIMAPILIS-BALDOZ
Administrator
14 April 2003
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