LABOR & EMPLOYMENT FACILITATION SERVICES
The Labor Attaché shall also ensure that the employment contracts of the Filipino migrant workers are consistent with the prevailing employment laws, standards, and practices in both the Philippines and the host country and that the documentary requirements for overseas employment as required by the Philippine Overseas Employment Administration (POEA) are complied with.
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Frequently Asked Questions
Refers to the procedure being conducted or applied by the Labor Attaché (head of Philippine Overseas Labor Office/POLO) to ensure that all the employment rights, benefits, and welfare of Filipino migrant workers at the worksite are duly protected. The Labor Attaché shall also ensure that the employment contracts of Overseas Filipino Workers are consistent with the prevailing employment laws, standards, and practices in both the Philippines and the host country and that the documentary requirements for overseas employment as required by the Administration are complied with.
Philippine Overseas Employment Administration (POEA) – This is an attached agency of the Philippines’ Department of Labor and Employment (DOLE). It connects to the world and in partnership with all stakeholders, facilitates the generation and preservation of decent jobs for overseas Filipino workers, promotes their protection, and advocates their smooth reintegration into Philippine society. http://poea.gov.ph/
Refers to the grant of authority by the Philippine Overseas Employment Administration (POEA) to a foreign principal/employer to recruit and hire Filipino workers through a licensed Philippine Recruitment Agency (PRA) for overseas employment. Accreditation is usually valid for four (4) years unless sooner revoked for cause.
Documentary requirements for Accreditation must be VERIFIED by POLO.
YES. Pursuant to Philippine laws, rules, and regulations on Overseas Employment (click here for the complete list of legal bases poea.gov.ph) all Filipino Workers who will be working abroad and all foreign employers who will hire Filipino Workers are required by the Philippine Government to undergo verification/accreditation process by the Philippine Overseas Labor Office (POLO) and Philippine Overseas Employment Administration (POEA).
Employers shall be responsible for the following fees and charges relating to the deployment of the Filipino worker to the job site:
1. Visa, including the stamping fee;
2. Work and Residence permit;
3. Round trip airfare;
4. Transportation from the airport to the jobsite;
5. POEA Processing fees;
6. OWWA Membership fee; and
7. Additional trade test/assessment, if required by employer.
The worker will be responsible to pay for the costs and fees need for his passport and other personal documents, local clearances and licenses, medical exams, and Philippine social contributions. No other charges in whatever amount, form, manner or purpose shall be charged against the Filipino Worker, except those specified. A violation of this will result to the cancellation of the accreditation, without prejudice to the filing of any appropriate action.
The contract must be presented to POLO, and should contain the following provisions:
a. Complete name and address of the employer/company;
b. Position and jobsite of the Overseas Filipino Worker;
c. Basic monthly salary, including benefits and allowances and mode of payment.
The salary shall not be lower than the prescribed minimum wage in the host country or the in the signed collective bargain agreements, as applicable.
d. Food and accommodation or the monetary equivalent which shall be commensurate to the cost of living in the host country, or off-setting benefits;
e. Commencement and duration of contract;
f. Free transportation from and back to the point of hire, or off-setting benefits, and free inland transportation at the jobsite or off-setting benefits;
g. Regular work hours and day off;
h. Overtime pay for services rendered beyond the regular working hours, rest days and holidays;
i. Vacation leave and sick leave for every year of service;
j. Free emergency medical and dental treatment;
k. Just/valid/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;
l. Settlement of disputes;
m. Repatriation of worker in case of imminent danger due to war, calamity, and other analogous circumstances, at the expense of employer; and
n. In case of worker’s death/repatriation of Overseas Filipino Workers human remains and personal belongings, at the expense of the employer.
The Employer may use the prescribed POEA contract if they do not have their own template, provided, that it will include the above-mentioned provisions, and is not contrary to the laws of the Philippines and the host country.
It is prohibited for the Employer to substitute the verified contract, or have the worker sign another employment contract without the authorization of POLO or POEA.
Due to the developments on the policies of overseas employment, the Philippines is currently implementing a ban on direct hiring. This means that a foreign employer cannot deploy a worker to his country without processing through a licensed Philippine recruitment agencies (PRA).
The following employers are exempt from the ban on direct hiring:
a. Members of the diplomatic corps;
b. International organizations; and
c. Heads of state and government officials with the rank of at least deputy minister;
Licensed PRAs are the only authorized bodies to conduct any canvassing, recruiting, hiring, advertising, placement and deployment activity for the foreign employer. The purpose of this ban is to defer any instances of human trafficking, and facilitate the collection of any and all claims arising out of the implementation of the employment contract involving Overseas Filipino Workers, because of the joint and several liability of the Employer and the PRA.
It is prohibited to transact with an individual or a company that is not accredited or licensed by POEA. A number of illegal recruiters will offer their services to potential employers, sometimes in the guise of referrals, or recommending relatives and friends. To avoid being involved in this scheme, make sure to only transact with a licensed PRA, and report any instances of illegal recruitment at once to POLO or POEA.
Illegal recruitment activities also pertain to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring Filipino workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not. For more information about Illegal recruitment, please visit our Illegal Recruitment info portal.
Once an Employer or Foreign Agency is already accredited, they may start hiring Filipino workers through the agency. The number of workers that may be hired is limited to the number as approved in the Job Order.
If the Employer wants to hire more workers and his initial Job Order is exhausted, he may replenish by requesting an additional job order with POEA. The additional Job Order needs to be verified by the Labor Attaché by submitting a deployment report with the status of all deployed workers, and other information, as requested.