Memorandum Circular No. 1
Series of 2004
to the decentralization program of the Department of Labor and
Employment (DOLE) and the deregulation thrust of the Philippine
Overseas Employment Administration (POEA), all POEA Satellite Offices
are hereby directed to perform Registration of Name Hires and conduct
of Pre-departure Orientation Seminar for registered name hires as
additional regular functions.
The exercise of the above functions shall be strictly in
accordance with the following guidelines pursuant to Section 6, Rule
III, Part III, Registration of Name Hires, and Section 2, Rule I, Part
V, Minimum Provisions of employment Contract, of the POEA Rules and
Regulations Governing the Recruitment and Employment of Land-based
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. Definition of Registration
Registration shall refer to the act of entering in the
official records of the Administration the names of name hires who will
depart for overseas employment.
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.
D. Minimum Provisions of the Employment Contract
The following are the required minimum provisions of the employment contract:
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
2. Free transportation to and from the worksite or offsetting benefits;chanroblesvirtualawlibrary
3. Free food and accommodation or offsetting benefits;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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 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.
E. 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
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.
F. 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
G. 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 the POEA Satellite Office before
they shall be registered by the Administration. Workers belonging to
the professional category may be administered a special briefing on
relevant information requirements.
H. Payment of Fees
The following fees shall be paid upon completion of all documentary requirements for registration:
1. At employer's cost:
- US$100 or its peso equivalent
- US$ 25 or its peso equivalent
2. At worker's cost:
Medicare coverage premium - PhP 900
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.
I. 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.
J. Monitoring of Registered Name Hires
The POEA Satellite Offices shall transmit to POEA Central
Office, on a regular basis, the list of registered name hires for
transmittal to various Philippine Embassies / Consulates or POLOs in
the host countries for regular monitoring.
For compliance effective immediately.