Guidelines on Deployment of Land-based OFWs to Countries Certified as Compliant with Guarantees on Protection of OFWs
The POEA Memorandum Circular No. 006-12 outlines the guidelines for deploying land-based Overseas Filipino Workers (OFWs) to countries that comply with the protection guarantees mandated by RA 10022. Deployment is permitted only to countries without an existing ban and where neither the employer nor worker is on a watchlist. Notably, deployment to Iraq remains banned due to security concerns, while Libya's processing is allowed pending certification. For non-compliant countries, deployment and accreditation are immediately halted, ensuring workers are only sent to places adhering to the established protections. The circular emphasizes compliance with international standards in employment contracts for companies with international operations.
July 23, 2012
POEA MEMORANDUM CIRCULAR NO. 006-12
| TO | : | All Concerned |
| SUBJECT | : | Guidelines on the Deployment of Land-Based OFWs to Countries Certified as Compliant with the Guarantees on the Protection of the Rights of OFWs under Section 2 of RA 10022 |
I. Coverage. These implementing guidelines shall govern the accreditation, registration of principals and foreign employers and the processing and deployment of Land-based workers, pursuant to POEA Governing Board Resolutions (GBR) No. 07 and 08, series of 2012 and Governing Board Resolutions (GBR) No. 02 and 06, series of 2011, Governing Board Resolution (GBR) No. 06, (list attached).
II. Deployment to Compliant Countries. The processing and deployment of workers to countries certified as compliant with the guarantees on the protection of the rights of foreign workers stipulated under Section 2 of RA 10022 shall be allowed, provided that:
a. There is no existing deployment ban on the country of destination, i.e., deployment ban due to peace and security conditions; and
b. Employer or worker is not on the watchlist.
III. Deployment to Iraq and Libya. Pending the review of the certification on Iraq and Libya by the DFA, the following shall be implemented:
a. Registration and accreditation of principals for and processing and deployment of workers to Libya shall be allowed.
b. Deployment to Iraq shall be covered by the existing deployment ban due to peace and security conditions.
c. Deployment to Kurdistan shall be deferred until the completion of the review of certification of Iraq by the DFA. aSCDcH
Hence, accreditation and or registration of principals/employers, processing of employment contracts of hired OFWs and deployment of workers to Iraq, including Kurdistan, shall not be allowed until further advice.
IV. Deployment to the Vatican and Monaco. Pending issuance of certification by the DFA on the compliance/non-compliance of these states with the guarantees on the protection of the rights of foreign workers stipulated under RA 10022, processing and deployment of workers for these destinations shall be on status quo, subject to regulation as may be necessary.
V. Deployment to Non-Compliant Countries. The processing and deployment of all workers to countries which are not in the list of compliant countries contained in POEA GBR No. 02, series of 2011, GBR No. 6, series of 2011, GBR No. 07, series of 2012, and GBR No. 08, series of 2012 shall be stopped immediately.
Accordingly, the accreditation/registration of principals and or foreign employers whose job sites are located in countries which are not in the list of compliant countries herein attached shall be cancelled. No accreditation or registration of principals or employers for these countries shall be allowed. Verification of recruitment and employment documents of principals/employers which will recruit workers for non-compliant countries shall likewise be discontinued.
VI. Deployment of workers to companies and contractors with international operations. The deployment of workers to companies and contractors with international operations shall be allowed provided that they are compliant with standards, conditions and requirements, as embodied in the employment contracts prescribed by the POEA and in accordance with internationally-accepted standards.
VII. Validity of Overseas Employment Certificates/e-Receipts Issued Prior to Date of Effectivity of GBR 08, Series of 2012. Overseas Employment Certificates (OEC)/e-Receipts, which serve as the travel exit document for departing OFWs, issued prior to 25 July 2012 shall be valid for exit clearance.
All previous issuances on the subject which are inconsistent hereto, except those issued in accordance with explicit prohibitions and restrictions, are hereby modified, amended or repealed accordingly.
Effective immediately. CHATcE
(SGD.) HANS LEO J. CACDACAdministrator
ATTACHMENT
List of Compliant Countries (184)
GBR No. 2, Series of 2011
1. Albania
2. Angola
3. Argentina
4. Australia
5. Austria
6. Azerbaijan
7. Belgium
8. Belize
9. Bolivia
10. Bosnia Herzegovina
11. Brazil
12. Brunei
13. Canada
14. Chile
15. Colombia
16. Costa Rica
17. Cyprus
18. Czech Republic
19. Ecuador
20. Estonia
21. Finland
22. France
23. Germany
24. Greece
25. Guam AHDTIE
26. Guatemala
27. Guyana
28. Hong Kong
29. Hungary
30. Indonesia
31. Ireland
32. Israel
33. Italy
34. Jamaica
35. Japan
36. Kenya
37. Korea (South)
38. Lao PDR/Laos
39. Latvia
40. Liechtenstein
41. Lithuania
42. Luxembourg
43. Macau
44. Malaysia
45. Marshall Islands
46. Mexico
47. Myanmar
48. Namibia
49. New Zealand
50. Northern Marianas
51. Oman
52. Palau
53. Paraguay
54. Peru
55. Poland
56. Portugal
57. Romania
58. Russian Federation
59. San Marino
60. Slovak Republic
61. Slovenia
62. South Africa
63. Spain
64. Suriname
65. Sweden
66. Switzerland HDCTAc
67. Taiwan
68. The Netherlands
69. Turkey
70. United Kingdom
71. United States of America
72. Uruguay
73. Venezuela
74. Vietnam
GBR No. 06, Series of 2011
75. Armenia
76. Bahamas
77. Belarus
78. Benin
79. Bermuda
80. Burkina Faso
81. Burundi
82. Cameroon
83. Cape Verde
84. Central African Republic
85. Comoros
86. Congo Republic
87. Cook Islands
88. Democratic Republic of Congo
89. Denmark
90. Equatorial Guinea
91. Fiji
92. Gabon
93. Gambia
94. Ghana
95. Grenada
96. Guinea
97. Guinea Bissau
98. Iceland
99. Ivory Coast/Cote d'Ivoire
100. Jordan
101. Kazakhstan
102. Liberia
103. Madagascar
104. Malawi
105. Malta HIaSDc
106. Mauritius
107. Morocco
108. Nigeria
109. Norway
110. Puerto Rico
111. Rwanda
112. Sao Tome and Principe
113. Senegal
114. Seychelles
115. Sierra Leone
116. Tanzania
117. Togo
118. Trinidad and Tobago
119. Tunisia
120. Uganda
121. Ukraine
GBR No. 07, Series of 2012, Additional "compliant countries"
122. Andorra
123. Antigua and Barbuda
124. Barbados
125. Bulgaria
126. Cambodia
127. Cayman Islands
128. Croatia
129. Djibouti
130. Dominica
131. Egypt
132. El Salvador
133. Ethiopia
134. Georgia
135. Honduras
136. India
137. Moldova
138. Nauru
139. Nicaragua
140. Pakistan
141. St. Kitts and Nevis HTCaAD
142. St. Lucia
143. St. Vincent and the Grenadines
144. Samoa
145. Singapore
146. Sudan
147. Thailand
148. Tonga
149. Turks and Caicos
150. Tuvalu
151. US Virgin Islands
152. Vanuatu
GBR No. 08, Series of 2012 Additional "compliant countries without
153. Algeria
154. Bahrain
155. Bangladesh
156. Bhutan
157. Botswana
158. China
159. Dominican Republic
160. East Timor/Timor Leste
161. Iran
162. Kingdom of Saudi Arabia
163. Kiribati
164. Kuwait
165. Kyrgyz Republic/Kyrgyzstan
166. Lesotho
167. Maldives
168. Micronesia
169. Mongolia
170. Montenegro
171. Mozambique
172. Panama
173. Papua New Guinea
174. Qatar
175. Serbia
176. Solomon Islands
177. Sri Lanka
178. Syria
179. Swaziland
180. Tajikistan
181. Turkmenistan
182. United Arab Emirates
183. Yemen CaSAcH
184. Zambia