[ POEA MEMORANDUM CIRCULAR NO. 30, s. 1994, April 20, 1994 ]
GUIDELINES ON THE NAME HIRE PROCESSING UNIT
Pursuant to Governing Board Resolution No. 03 Series of 1994 creating a single Name Hire Processing Unit (NHPU) and adopting a uniform documentary processing fee for all name hired workers, the following guidelines are hereby promulgated:
A. Name Hire Processing Unit (NHPU) - the facility in the POEA that shall evaluate and process the employment documents of all name hires. It shall comprise of two sections, one for individual name hires and the other, for agency-endorsed hires.
B. Individual Name Hires
1) Workers referred or "named" by relatives, friends or companies known to both employer and the worker;
2) Workers who sourced their employment without the intercession of a 3rd party in the process; and
3) Workers of foreign diplomatic corps.
C. Agency-Endorsed Name Hires
1) Workers hired by employers with ready visas and other employment documents who engaged the assistance of private employment agencies, provided that they do not exceed five (5);
2) Initially hired workers by employers prospectively applying for accreditation; and
3) Workers of officials of companies accredited with licensed contractors and manning agencies outside their manpower or service contracts.
A. Special Power of Attorney (SPA), in the case of agency-endorsed name hires, to sign and deliver all documents necessary to complete all transactions related to the processing of name hired workers. Only authorized officers of the licensed agency shall acknowledge the SPA.
B. Employment contract duly signed by the employer and worker which conforms to the minimum provisions required by POEA and, whenever applicable, authenticated/verified by the Philippine Embassy/Consulate, of Labor Attache at the worksite;
C. Working visa, entry permit, No Objection Certificate (NOC), visa certification, or any equivalent entry documents depending on host country visa regulations, verified by the Philippine Labor Attache, whenever applicable;
D. Airline ticket, Ticket Exchange Voucher (TEV) or Prepaid Ticket Advise (PTA), verified by the Philippine Labor Attache, whenever applicable;
E. Valid contract worker passport; and
F. Assumption of responsibility (for agency-endorsed name hires)
The NHPU shall refer individual and agency-endorsed name hires to Department of Health accredited clinics for medical examination in accordance with medical requirements of the host country. Results of the examination shall be forwarded directly by the clinic to the NHPU to serve, among others, as the basis for approving the worker's departure. All name hires with an "unfit to work" medical certificate shall not be eligible for deployment unless the employer insists on hiring the worker and assumes responsibility over his well-being through a written confirmation or undertaking.
All name hires shall be required to attend a predeparture orientation seminar (PDOS) to be conducted by the POEA or duly accredited non-government organizations (NGO's) and industry associations. The NHPU shall provide the necessary referrals for scheduling.
The Name Hire Processing Unit shall charge all individual and agency-endorsed name hires a uniform flat fee of $100 to cover costs for documentation and processing. The POEA prescribed amount is exclusive of the fee charged by the Overseas Workers' Welfare Administration (OWWA).
Employment contracts submitted for processing shall be regarded as pipeline accounts under the following circumstances:
A. Employment contracts authenticated/verified by the Philippine Embassy/Consulate of Labor Attache at the worksite prior to the effectivity of this Memorandum Circular; and
B. Agency-endorsed employment contracts received prior to the effectivity of this Memorandum Circular.
This Memorandum Circular shall take effect on 09 May 1994. All provisions of preceding Orders, Circulars, and other issuances inconsistent with this Circular are hereby repealed.
For Guidance and compliance.
Adopted: 20 Apr. 1994
I
Definition of Term and Coverage
Definition of Term and Coverage
A. Name Hire Processing Unit (NHPU) - the facility in the POEA that shall evaluate and process the employment documents of all name hires. It shall comprise of two sections, one for individual name hires and the other, for agency-endorsed hires.
B. Individual Name Hires
1) Workers referred or "named" by relatives, friends or companies known to both employer and the worker;
2) Workers who sourced their employment without the intercession of a 3rd party in the process; and
3) Workers of foreign diplomatic corps.
C. Agency-Endorsed Name Hires
1) Workers hired by employers with ready visas and other employment documents who engaged the assistance of private employment agencies, provided that they do not exceed five (5);
2) Initially hired workers by employers prospectively applying for accreditation; and
3) Workers of officials of companies accredited with licensed contractors and manning agencies outside their manpower or service contracts.
II
Requirements
Requirements
A. Special Power of Attorney (SPA), in the case of agency-endorsed name hires, to sign and deliver all documents necessary to complete all transactions related to the processing of name hired workers. Only authorized officers of the licensed agency shall acknowledge the SPA.
B. Employment contract duly signed by the employer and worker which conforms to the minimum provisions required by POEA and, whenever applicable, authenticated/verified by the Philippine Embassy/Consulate, of Labor Attache at the worksite;
C. Working visa, entry permit, No Objection Certificate (NOC), visa certification, or any equivalent entry documents depending on host country visa regulations, verified by the Philippine Labor Attache, whenever applicable;
D. Airline ticket, Ticket Exchange Voucher (TEV) or Prepaid Ticket Advise (PTA), verified by the Philippine Labor Attache, whenever applicable;
E. Valid contract worker passport; and
F. Assumption of responsibility (for agency-endorsed name hires)
III
Medical Examination
Medical Examination
The NHPU shall refer individual and agency-endorsed name hires to Department of Health accredited clinics for medical examination in accordance with medical requirements of the host country. Results of the examination shall be forwarded directly by the clinic to the NHPU to serve, among others, as the basis for approving the worker's departure. All name hires with an "unfit to work" medical certificate shall not be eligible for deployment unless the employer insists on hiring the worker and assumes responsibility over his well-being through a written confirmation or undertaking.
IV
Pre-Departure Orientation Seminars
Pre-Departure Orientation Seminars
All name hires shall be required to attend a predeparture orientation seminar (PDOS) to be conducted by the POEA or duly accredited non-government organizations (NGO's) and industry associations. The NHPU shall provide the necessary referrals for scheduling.
V
Documentary processing Fee
Documentary processing Fee
The Name Hire Processing Unit shall charge all individual and agency-endorsed name hires a uniform flat fee of $100 to cover costs for documentation and processing. The POEA prescribed amount is exclusive of the fee charged by the Overseas Workers' Welfare Administration (OWWA).
VI
Pipeline Accounts
Pipeline Accounts
Employment contracts submitted for processing shall be regarded as pipeline accounts under the following circumstances:
A. Employment contracts authenticated/verified by the Philippine Embassy/Consulate of Labor Attache at the worksite prior to the effectivity of this Memorandum Circular; and
B. Agency-endorsed employment contracts received prior to the effectivity of this Memorandum Circular.
VII
Effectivity Clause
Effectivity Clause
This Memorandum Circular shall take effect on 09 May 1994. All provisions of preceding Orders, Circulars, and other issuances inconsistent with this Circular are hereby repealed.
For Guidance and compliance.
Adopted: 20 Apr. 1994
(SGD.) FELICISIMO O. JOSON, JR.
Administrator
Administrator