Amendment of Section 8, Rule I and Section 5, Rule II of Part III of the POEA Rules and Regulations Governing the Recruitment and Employment of Land-Based Overseas Workers
The POEA Memorandum Circular No. 11-09, issued on July 3, 2009, amends specific sections of the regulations governing the recruitment and employment of land-based overseas workers. It allows foreign employers to register with up to five Philippine recruitment agencies, provided they adhere to a uniform compensation package and fulfill obligations under their recruitment agreements. Employers may also register with a sixth agency if they have a job order for over 2,000 workers or have previously hired at least 2,000 workers in the past year. Additionally, existing agencies will be notified of any new registration requests and given three working days to respond. This circular will take effect 15 days after its publication in a widely circulated newspaper.
July 3, 2009
POEA MEMORANDUM CIRCULAR NO. 11-09
| TO | : | All Concerned |
| SUBJECT | : | Amendment of Section 8, Rule I and Section 5, Rule II of Part III of the POEA Rules and Regulations Governing the Recruitment and Employment of Land-Based Overseas Workers |
Pursuant to POEA Governing Board Resolution No. 04 and 4A series of 2009, the following guidelines are hereby issued:
1. Open Registration/Accreditation. A foreign principal/employer that acts as a direct employer (not a foreign placement agency) may be registered/accredited to a maximum of five (5) Philippine recruitment agencies, provided that:
a. a uniform compensation package shall be adopted by the principal and the agency for projects in the same jobsite;
b. The foreign principal/employer shall submit an undertaking to the effect that it will comply with all its obligations to the other agency/agencies, as agreed upon between them and evidenced in their respective recruitment/service agreements.
2. Notice to Existing Agency(ies). The POEA shall notify the existing agency(ies) of the request for additional registration/accreditation by a principal/employer. The agency(ies) shall be given 3 working days from notice within which to submit comments on the request for additional registration/accreditation of its principal/employer. acCETD
3. Registration/Accreditation to more than 5 Philippine Recruitment Agencies. A foreign principal/employer may be allowed registration/accreditation with a 6th Philippine recruitment agency if it has a new job order of over 2,000 workers duly verified by the Philippine Overseas Labor Office or has hired at least 2,000 workers in the immediately preceding year.
All other existing requirements for registration/accreditation of principals/employers shall apply. POEA policies inconsistent herewith, particularly Section 8, Rule I and Section 5, Rule II of Part III of the POEA Rules and Regulations Governing the Recruitment and Employment of Land-Based Overseas Workers, are deemed repealed and superseded.
This Memorandum Circular shall become effective 15 days from publication in a newspaper of general circulation.
(SGD.) JENNIFER JARDIN-MANALILIAdministrator