(Accreditation of Foreign Placement Agency and Direct Employers)
REQUIREMENTS FOR ACCREDITATION/VERIFICATION OF FOREIGN PLACEMENT AGENCY (FPA) AND DIRECT EMPLOYERS WITH PHILIPPINE RECRUITMENT AGENCY
In light of efforts to standardize the implementation of the provisions under Sections 11 to 17 of DOLE Administrative Order no. 168, series of 2013 otherwise known as Manual of Operations, Policies and Guidelines for the Philippine Overseas Labor Office (POLO) pursuant to the provisions of R.A No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995), as amended by R.A No. 10022, below are the respective accreditation requirements for Foreign Placement Agencies and Direct Employers in Australia, Nauru, Vanuatu, Tuvalu and New Caledonia with a Licensed Philippine Recruitment Agency listed in this link http://poea.gov.ph/cgi-bin/agList.asp?mode=act effective February 1, 2020:
A. Foreign Placement Agency – Philippine Recruitment Agency – Foreign Employer (FPA-PRA-FE)
Recruitment Agreement/Service Agreement/Special Power of Attorney issued by the Foreign Placement Agency specifically authorizing the licensed Philippine Recruitment Agency to recruit workers from overseas in behalf of the foreign employer;
Job order/Manpower request of Foreign Placement Agency to the Philippine Recruitment Agency indicating the positions, the number of positions required and salary per position with other basic terms and conditions of employment;
Job order/Manpower request of Foreign Employer to the Foreign Placement Agency indicating the positions, the number of positions required and salary per position with other basic terms and conditions of employment;
Master employment contract from the Direct Employer, signed on all pages by the employer or his authorized representative which incorporates the minimum provisions of employment as follows:
a. Guaranteed wages for regular work hours and overtime pay, which shall not be lower that the prescribed minimum wage in the host country or not lower than the appropriate minimum wage standards set forth in a bilateral agreement or international convention, if applicable or not lower than the minimum wage in the Philippines, whichever is the highest. The contract should specify the basic salary which must be exclusive of allowances and fixed overtime pay.
b. Duration of contract which shall be for a definite period not exceeding three (3) years, subject to renewal.
c. Place of work/Jobsite (Transfer of worker to another country shall not be allowed, except for justifiable circumstances and upon the concurrence of the deploying agency and the POLO, and provided further that the project / jobsite of reassignment is accredited/registered with the POLO/POEA and its location/country is certified compliant as required under R.A. 10022. Any such transfer of worker shall be reported to the POEA.
d. Commencement/Effectivity of the contract (should be upon departure from the point of hire)
e. Free transportation from and back to the point of hire, or offsetting benefit.
f. Free food and accommodation, or monetary equivalent, the amount of which should be commensurate with the cost of living in the host country, or offsetting benefit;
g. Just/valid/authorized causes for termination of the contract by the employer and by the worker and taking into consideration the customs, traditions, mores, practices, company policies and the labor laws and social legislations of the host country.
h. In case of death of severe illness, repatriation of worker’s remains and shipment of his belongings at the expense of the employer;
i. Compulsory insurance with minimum coverage as required under R.A. 10022 at no cost to the worker.
Note: Either the POEA Standard Employment Contract which can be downloaded from this link: http://poea.gov.ph/files/sec_various_new.pdfor a company prepared employment contract with addendum (Annex A) may be submitted.
5. Business license/registration to engage in placement/recruitment activity of the Foreign Placement Agency and the business license/registration of the Foreign Employer
a. Shall assume joint and solidary liability with the Philippine Recruitment Agency for all claims and liabilities which may arise in connection with the employment of workers, including but not limited to payment of wages, death and disability compensation and repatriation;
b. Shall guarantee compliance with its contractual obligations as approved by POLO and processed by the POEA;
c. Shall provide for the best terms and conditions of employment;
d. Shall repatriate its hired and deployed workers and personal belongings when the need arises; and
e. Shall assist and cooperate with the POLO, POEA and their Philippine Recruitment Agency on all matters affecting their hired and deployed workers.
Standard Business Sponsorship/ Work Permit/visa
Contingency Plan
Verification fees:
Hiring one (1) worker in Job Order - AU$54.00
Hiring two (2) or more workers in Job Order - AU$162.00
Payable to POLO-Philippine Embassy through Australian Money Order or Bank Draft
B. Direct Employer - Philippine Recruitment Agency (DE-PRA)
Recruitment Agreement/Service Agreement/Special Power of Attorney issued by the Direct employer specifically authorizing the licensed Philippine Recruitment Agency to recruit workers from overseas in behalf of it;
Job order/Manpower request of Direct Employer to the Philippine Recruitment Agency indicating the positions, the number of positions required and salary per position with other basic terms and conditions of employment;
Master employment contract from the Direct Employer, the same as required under requirement #4 in Foreign Placement Agency
Business license/registration of the Direct Employer
Letter/Affidavit of Undertaking from the Direct Employer with the same responsibilities as enumerated under requirement #6 in Foreign Placement Agency
Standard Business Sponsorship/ Work Permit/visa
Contingency Plan
Verification fees:
Hiring one (1) worker in Job Order - AU$54.00
Hiring two (2) or more workers in Job Order - AU$162.00
Payable to POLO-Philippine Embassy through Australian Money Order or Bank Draft
C. Additional Manpower for both FPA-PRA-FE and DE-PRA
Job Order/Manpower Request from Foreign Placement Agency and/or Direct Employer indicating the positions, the number of positions required and salary per position with other basic terms and conditions of employment
Balance of the previously verified Job Order/Manpower Request
Verification fees:
Hiring one (1) worker in Job Order - AU$18.00
Hiring two (2) or more workers in Job Order - AU$54.00
Payable to POLO-Philippine Embassy through Australian Money Order or Bank Draft
Please send the original requirements, Money Order and a pre-paid self-addressed return envelope through mail/courier to this address:
Philippine Embassy-POLO, 1 Moonah Place Yarralumla, ACT 2600, Australia
For Foreign Placement Agencies and Direct Employers who are in New Zealand, Marshal Islands, Samoa, Tonga, Fiji, Cook Island, French Polynesia, and Niue Island kindly transact with POLO - Wellington through their e-mail address: polo.newzealand@philembassy.org.nz