[ MEMORANDUM CIRCULAR NO. 05, S. 2018, April 16, 2018 ]

GUIDELINES ON THE REGISTRATION OF DIRECT INDIVIDUAL EMPLOYERS OF HOUSEHOLD SERVICE WORKERS



Adopted: 22 March 2018
Date Filed: 16 April 2018


Pursuant to Republic Act No. 8042 that provides for the deployment of Filipino overseas workers whether landbased or seabased by local service contractors and manning agencies employing them shall be encouraged in relation to the provisions of Section 96, Rule I, Part Ill, of the Revised POEA Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino Workers of 2016, and in order to facilitate the processing of the employment documents of household service workers for direct individual employers whose employers do not belong to the automatic exempted category enumerated under Section 124, a, b, and c, the following guidelines are hereby issued:

A.   VERIFICATION/AUTHENTICATION

The  following documents shall  be  submitted to  the  Philippine Overseas Labor Office (POLO) by the said employer for verification or authentication by the Philippine Embassy/Consulate in countries where there are no POLOs:
1.    A copy of the formal arrangement between the individual direct employer and the designated Philippine recruitment agency (PRA) on the hiring of a household service worker;

2.    Employer Profile with the complete address and contact information, proof of capacity to employ and pay wages, number of persons in the household;

3.    Certification from their local police that the employer or any of the immediate family members has no criminal record and has not been implicated in any case of abuse;

4.    Employment Contract emphasizing the  superior terms  and  conditions of employment;

5.    Visa or work permit or similar document such as Canada: Labor Market Impact Assessment (LMIA) from Service Canada or approval of application from  the  Provincial  Nominee  Program/Certificate  of  Nomination  if appropriate; United States of America: Labor Condition Application and Notice of Action; in addition,

6.    Middle East and African Countries Contingency Plan by the Employer
B.   REGISTRATION

The POEA shall evaluate, process and register the individual employer after the abovementioned verified documents are submitted by the PRA to the POEA.

CERTIFICATE

The PRA shall submit to the POEA its Request for Processing subject to the following requirements:
A.  Request for processing (RFP) using POEA prescribed form indicating the following:
1.   name of OFW;
2.   position;
3.   salary;
4.   contract duration;
5.   job site;
6.   Copy of the Compulsory Insurance Coverage for OFWs and particulars of certificate of cover of mandatory insurance;
B.   Passport valid at least six (6) months from the intended date of departure; C.   Valid and appropriate visa;

D.   Individual verified employment contract;

E.  Pre-Employment Orientation Seminar (PEOS), Pre-Departure Orientation Seminar (PDOS), and Comprehensive Pre-Departure Education Program (CPDEP) Certificates;

F.   Certificate of medical fitness issued by DOH-accredited medical clinics for
OFWs; and

G.  TESDA Skill Certification
D.   FEES AND CHARGES

In no case shall the household service worker be charged fees for mobilization and it is understood that the employer shall pay the service fees to cover the expenses for deployment formalities as may be agreed upon by both the direct individual employer and the PRA.

This Circular takes effect immediately.

(SGD) BERNARD P. OLALIA
Administrator