Documentation and Deployment of Overseas Filipino Workers

SECTION 114.Deployment of Overseas Filipino Workers. — The State shall allow the deployment of Overseas Filipino Workers only in countries where the rights of Overseas Filipino Workers are protected. The government recognizes any of the following as a guarantee on the part of the receiving country for the protection of the rights of Overseas Filipino Workers:

1. It has existing labor and social laws protecting the rights of workers, including migrant workers;
   
2. It is a signatory to and/or ratifier of multilateral conventions, declarations or resolutions relating to the protection of workers including migrant workers; or
   
3. It has concluded a bilateral agreement or arrangement with the government on the protection of the rights of OFWs.
   

Provided, that, the receiving country is taking positive, concrete measures to protect the rights of workers in furtherance of any of the guarantees under subparagraphs (a), (b) and (c) hereof.

The DFA, through its foreign posts, shall issue a certification to the Administration, specifying therein the pertinent provisions of the receiving country’s labor/social law, or the convention/declaration/resolution, or the bilateral agreement/arrangement which protect the rights of Overseas Filipino Workers.

The Administration, through a Governing Board Resolution, shall allow the deployment of Overseas Filipino Workers only to countries certified by the DFA as compliant with the guarantees for the protection of the rights of Overseas Filipino Workers.

SECTION 115.Deployment of Overseas Filipino Workers to Companies and Contractors with International Operations in Countries not Certified by the DFA as Compliant.— The Administration shall allow the deployment of Overseas Filipino Workers to companies and contractors with international operations in countries not certified by the DFA as compliant: Provided, such companies and contractors are compliant with standards, conditions and requirements, as embodied in the employment contracts prescribed by the Administration and in accordance with internationally-accepted standards.

SECTION 116.Ban or Termination of Deployment.— Notwithstanding the provisions of the preceding sections, in pursuit of national interest or when public welfare so requires, the POEA Governing Board may, after consultation with the DFA, at any time impose or terminate a ban on the deployment of Overseas Filipino Workers.

The Administration, based on reports, may recommend to the POEA Governing Board a reduction in the deployment of Overseas Filipino Workers.

SECTION 117.Documentary Requirements for the Processing of Agency-Hires.— The following documents shall be submitted for contract processing and documentation of new hires:

1. Request for processing (RFP) using the POEA-prescribed form indicating the following:
   
   1. name of OFW;
      
   2. position;
      
   3. salary;
      
   4. contract duration;
      
   5. job site;
      
   6. particulars of certificate of cover of mandatory insurance; and
      
   7. name of principal based on the POEA-approved master employment contract.
2. Passport valid at least six (6) months from the intended date of departure;
   
3. Valid and appropriate visa;
   
4. Individual verified employment contracts for low/semi-skilled workers;
   
5. One-page summary of the contract for other highly-skilled and professional Overseas Filipino Workers containing the following basic contract provisions:
   
   1. name, birthdate, and sex of the worker;
      
   2. name of employer;
      
   3. job site;
      
   4. position;
      
   5. basic salary, overtime pay, and allowances;
      
   6. food and accommodation;
      
   7. contract duration; and
      
   8. mandatory insurance provider and certificate of cover/policy number.
      
6. Pre-Employment Orientation Seminar (PEOS) and Pre-Departure Orientation Seminar (PDOS) Certificates;
   
7. Certificate of medical fitness issued by DOH-accredited medical clinics for OFWs;
   
8. Educational attainment; and
9. TESDA Skill Certification.
   

SECTION 118.Documentary Requirements for the Processing of Domestic Worker.— The following documents shall be submitted for contract processing and documentation of newly hired domestic workers:

1. 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. particulars of certificate of cover of mandatory insurance; and
   7. name of the foreign placement agency and the employer.
2. Passport valid at least six (6) months from the intended date of departure;
3. Valid and appropriate visa;
4. Individual verified employment contract;
5. Pre-Employment Orientation Seminar (PEOS), Pre-Departure Orientation Seminar (PDOS), and Comprehensive Pre-Departure Education Program (CPDEP) Certificates;
6. Certificate of medical fitness issued by DOH-accredited medical clinics for OFWs; and
7. TESDA Skill Certification.

SECTION 119.Minimum Age for Deployment and Compensation of Domestic Worker.— The minimum deployment age and the minimum salary of a domestic worker shall be determined by the POEA Governing Board.

SECTION 120.Issuance of Overseas Employment Certificate.— An OEC shall be issued only upon compliance with the documentary requirements for contract processing and payment of POEA processing fee and OWWA Membership contribution.

SECTION 121. Validity of Overseas Employment Certificate and Period to Deploy. — An OEC shall be valid for sixty (60) days from date of issuance within which period the licensed recruitment agency shall deploy its documented Overseas Filipino Workers. The licensed recruitment agency shall report to the Administration within fifteen (15) days from the expiry date of the OEC, in case of non-deployment and the reason/s therefor.

In case of issuance of multiple OEC, its validity shall depend on contract duration.

SECTION 122. Registration of Returning Overseas Filipino Workers. —

1. The registration of the returning Overseas Filipino Workers as defined in these Rules shall be through on-line or by submission of the following documents to the Administration or to the POLOs for registration:
   
   1. Passport valid at least six (6) months from the date of intended departure;
      
   2. Valid and appropriate visa or work permit; and
      
   3. Certificate of insurance coverage similar to the benefits provided under the mandatory insurance coverage contained in Section 37-A of RA 8042, as amended, at the option of the Overseas Filipino Worker.
      
2. For returning Overseas Filipino Workers who are not registered with the Administration or who changed employers on-site, the following additional requirements shall be required:
   
   1. Proof of existing employment such as payroll slip or valid company identification card;
      
   2. Existing employment contract;
      
   3. Affidavit stating the circumstances regarding the deployment; and
      
   4. Certificate of insurance coverage similar to the benefits provided under the mandatory insurance coverage contained in Section 37-A of RA 8042, as amended, at the option of the worker.
      
3. In case of issuance of multiple OECs, its validity shall depend on contract duration.
   

SECTION 123. Ban on Direct Hires. — No employer shall directly hire an Overseas Filipino Worker for overseas employment.

SECTION 124.Exemption from the Ban on Direct Hiring. — The following are exempted from the ban on direct hiring:

1. Members of the diplomatic corps;
   
2. International organizations;
   
3. Heads of state and government officials with the rank of at least deputy minister;
   or
   
4. Other employers as may be allowed by the Secretary of Labor and Employment, such as:
   
   1. Those provided in (a), (b) and (c) who bear a lesser rank, if endorsed by the POLO, or Head of Mission in the absence of the POLO;
      
   2. Professionals and skilled workers with duly executed/authenticated contracts containing terms and conditions over and above the standards set by the POEA. The number of professional and skilled Overseas Filipino Workers hired for the first time by the employer shall not exceed five (5). For the purpose of determining the number, workers hired as a group shall be counted as one; or
      
   3. Workers hired by a relative/family member who is a permanent resident of the host country.
      

SECTION 125. Documentary Requirements for Registration of Overseas Filipino Workers Hired by Employers who are Exempted from the Ban on Direct Hiring. — The Overseas Filipino Workers hired by those employers exempted from the ban on direct hiring may be registered by the Administration upon submission of the following documents:

1. Verified/authenticated original employment contract which is over and above the POEA-prescribed employment contract;
   
2. Passport valid at least six (6) months from the date of intended departure;
   
3. Valid and appropriate visa or work permit;
   
4. Certificate of medical fitness;
   
5. Proof of certificate of insurance coverage covering at least the benefits provided under Section 37-A of RA 8042, as amended;
   
6. Certificate of attendance to the required employment orientation/briefing; and
   
7. Clearance from the Secretary of Labor and Employment for those covered under
   

Section 124 (d) of these Rules.

The Administration shall ensure that the worker is made fully aware of the terms and conditions of the employment contract and the advantages and disadvantages of direct-hiring.

SECTION 126. In-House Processing Facility. — The Administration shall develop and create a system for in-house processing through electronic submission at the Land-based Center for all agencies.