[ POEA MEMORANDUM CIRCULAR NO. 16 S. 1988, May 24, 1988 ]

AMENDMENT TO MEMORANDUM CIRCULAR NO. 7, SERIES OF 1984



Further to Memorandum Circular No. 7, Series of 1984, advertisements for actual job vacancies by licensed agencies and entities for their accredited foreign principals/projects shall be allowed only upon approval by the Administration.  Approval shall be granted upon submission of a certified true copy of the approved job order.

Provided further, advertisements for manpower pooling purposes shall be allowed only for highly skilled categories.

Necessary guidelines to implement this Memorandum Circular shall be issued by the Licensing and Regulation Office.

This Circular takes effect immediately.

For strict compliance.

Adopted: 24 May 1988

(SGD.) TOMAS D. ACHACOSO
Administrator


Re-issued: 23 Jan. 1992

(SGD.)  JOSE N. SARMIENTO
Administrator


GUIDELINES ON ADVERTISEMENT FOR JOB VACANCIES

Pursuant to Memorandum Circular No. 16, Series of 1988 and in order to further boost the Administration's campaign against illegal recruitment effected through advertisements, the following guidelines are hereby issued for compliance of all licensed recruitment agencies/entities:

A

Advertisement for Accredited
Principal/Project


Advertisements for actual job vacancies by agencies and entities for their accredited foreign principal/project shall be allowed provided that job vacancies reflected in the advertisement are covered by job orders duly approved by the Administration, and provided further that the following basic information is indicated in said announcement:

1. Name and address of the agency/entity;

2. Accreditation number of the project and/or principal and worksite;

3. Actual number of skill categories and qualification standards;

4. Documentary requirements for the applicants.

B

Advertisement for Manpower Pooling


Agencies and entities desiring to generate qualified applicants for a prospective principal/project may advertise only for highly skilled categories and seafarers.  The advertisement shall indicate that the announcement is for manpower pooling only and that no fee shall be collected from the applicants.  Further, the following information should be reflected in the advertisement:

1. Name and address of agency/entity;

2. Worksite of prospective employer/project or type and flag of vessel indicated;

3. Skill categories and qualification standards;

4. Documentary requirements for the workers.

Furthermore, proposed advertisements containing all the above information should be submitted to the Employment Regulation Branch (ERB) for approval before publication of the same.

C

Press Releases on Recruitment


Press and media releases whether TV or broadcast, on negotiations with principals or of projects involving overseas openings as well as job openings, shall be considered as advertisements and therefore, shall also be subject to POEA monitoring and regulation.

D

Sanctions


All agencies and entities are enjoined to strictly comply with these guidelines.  False and deceptive advertisements published by agencies/entities including those published not in accordance with these guidelines shall be considered as violation of the rules and regulations and shall, therefore, be a valid ground for the cancellation of accreditation of the principal/project and/or for the suspension and/or cancellation of license or authority.

These guidelines shall take effect immediately.

For strict compliance.

(SGD.) TOMAS D. ACHACOSO
Administrator