[ ADVISORY NO. 14, S. 2018, March 07, 2018 ]

REMINDER TO LICENSED RECRUITMENT AGENCIES (LRA ™S) TO ADHERE TO THE PROVISIONS OF THE 2016 REVISED POEA RULES AND REGULATIONS GOVERNING THE RECRUITMENT AND EMPLOYMENT OF LANDBASED OVERSEAS FILIPINO WORKERS



Adopted: 02 March 2018
Date Filed: 07 March 2018


Concerning  the  manner  of  recruitment  leading  to  the  deployment  of  the demised OFW, Joanna Daniela Demafelis, a stern warning is hereby issued to all licensed recruitment agencies (LRAs) against acquiring the services of persons, sole proprietors, partnerships  or corporations  without a license to engage in the recruitment and placement of Overseas Filipino Workers on their behalf.

Section 76, Rule X, Part II of the 2016 Revised POEA Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino Workers   defines   Illegal   Recruitment   as  œAny   act  of  canvassing,   enlisting, contracting,   transporting,   utilizing,  hiring  or  procuring  workers  and  includes referrals,  contract  services,  promising  or  advertising  for  employment  abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority contemplated under Article 13(1)of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines: Provided, that

any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. 

Any LRA that seeks to conduct recruitment activities outside its registered address  may request  for the issuance  of a Special Recruitment  Authority  from this Administration prior to the conduct of the recruitment pursuant to Section 58, Rule  VII,  Part  II  of  the  POEA  Rules.  It  should  likewise  comply  with  the requirements of Special Recruitment Activity pursuant to Section 59 of the same Rule. Said recruitment activity shall be conducted only at venues indicated in the authority, and shall be supervised by this Administration  in coordination with the DOLE or PESO.

Section 65, Rule VII, Part II of the said Rules likewise states that a licensed recruitment  agency  may  also  participate  in  jobs  fair  and  conduct  recruitment activities  based on POEA-approved  job orders, provided  that, a corresponding DOLE  permit  has  been  issued  to  the  organizer  of  jobs  fair.  Prior  written notification which includes a list of authorized representatives who will be participating in the jobs fair, including the venue, date, and list of principals/ employers,  shall be submitted  to this Administration  for monitoring  and supervision.

Non-compliance to the said Rules shall be dealt with accordingly.

The public is encouraged to report any similar cases of illegal recruitment to this Administration.

For strict compliance.

(SGD) BERNARD P. OLALIA
Administrator