POEA Governing Board Resolution No. 07-06

October 24, 2006

POEA GOVERNING BOARD RESOLUTION NO. 07-06

WHEREAS, Republic Act No. 8042 also known as the Migrant Workers and Overseas Filipinos Act provides that the State shall afford protection to labor, local or overseas, and shall take positive and concrete measures to safeguard their welfare and interests. ATDHSC

WHEREAS, Sections 1 and 2, Rule I, Part III of the 2002 Rules and Regulation Governing the Recruitment and Employment of Land-based Overseas Workers require the verification of recruitment documents of foreign principals, employers and projects by our Philippine Overseas Labor Office to establish the existence of the employing person, company or project, its capability to hire workers at applicable rates and desirable working conditions that are in conformity with the minimum standards prescribed by the Administration and/or with the labor laws and legislations of the host country;

WHEREAS, migrant workers for deployment as household workers require the highest degree of protection owing to their gender and the vulnerable nature of their employment.

NOW, THEREFORE, the POEA Governing Board, in a meeting duly convened, RESOLVES AS IT HEREBY RESOLVED:

1. In addition to the requirements for verification of foreign principals prescribed in Sections 1 and 2, Rule I, Part III of the 2002 Rules and Regulation Governing the Recruitment and Employment of Land-based Overseas Workers, foreign placement agencies hiring household workers shall be required to undergo Pre-qualification at the Philippine Overseas Labor Office (POLO).

2. The POLO concerned shall issued a Pre-Qualification Certificate in favor of a foreign placement agency subject to compliance with the following requirements:

a. Attendance to and completion of an orientation on Philippine culture, policies, and their responsibilities; CcAHEI

b. Adequate holding and coordinating facility for household workers operated exclusively or in cooperation with other foreign placement agencies or their associations;

c. Verified written undertaking (in English and local language)

1. That the household worker shall be treated humanely while in their Custody;

2. That the household worker shall be allowed to freely communicate with her family and with the Philippine Embassy/Consulate;

3. That, upon request, the principal shall render a report to the Philippine Embassy/Consulate on the whereabouts and condition of the household worker, including her repatriation;

4. That, when required, the principal shall present to the Philippines Embassy/Consulate the household worker in its custody;

5. That the Philippine Embassy/Consulate shall be allowed visitation of its holding and coordinating facility and the Filipino household workers in its custody;

6. That is shall act on problems of and extend necessary assistance to the household workers it deployed and cooperate with the Philippine Embassy/Consulate in addressing the problem;

7. That it shall not make arrangement for extension or transfer of employment of a household worker except upon prior verification and approval of the POLO/Philippine Embassy/Consulate; ACcDEa

8. That is assumes full and complete responsibility for all the acts of its employees and those it authorized to act on its behalf, in dealing with and in handling household workers;

9. That it shall assist the household workers in availing the benefits provided under the laws and regulations of the host country.

The registration/accreditation of foreign placement agencies shall be cancelled for non-compliance with these undertakings, without prejudice to any disqualification proceedings that may be instituted against them at the POEA, as may be warranted by the circumstances.

DONE in the City of Manila, Philippines, this 24th of October 2006.

 

(SGD.) ARTURO D. BRIONSecretary of Labor and Employment and

(SGD.) GREGORIO S. OCAMember

(SGD.) ISIDRO Q. ALIGADAMember

(SGD.) GUILLERMINA T. GABORMember

(SGD.) LEONARDO B. DE OCAMPOMember

(SGD.) ROSALINDA DIMAPILIS-BALDOZMember