Accreditation and Registration of Principals/Employers

SECTION 95.Accreditation of Principals/Employers. — The Administration shall accredit principals/employers. This authority may be delegated to the POLO in countries/territories where it has jurisdiction. In this regard, the following rules shall govern:

1. All documents for accreditation shall be verified by the POLO.
2. In the absence of the POLO, the documents shall be duly authenticated by the Philippine Embassy/consulate which has jurisdiction over the jobsite.
3. In cases where there is no Philippine Embassy or Consulate in the jobsite, the principal/employer may submit the documents to the Administration for attestation.

For this purpose, verification shall refer to the procedure being conducted or applied by the Labor Attaché to ensure that all the employment rights, benefits and welfare of Filipino migrant workers at the worksite are duly protected. The Labor Attaché shall also ensure that the employment contracts of Overseas Filipino Workers are consistent with the prevailing employment laws, standards and practices in both the Philippines and the host country, and that the documentary requirements for overseas employment as required by the Administration are complied with.

SECTION 96.Requirements for Accreditation of the Principal/Employer. — The following are the requirements for accreditation of the principal/employer:

1. General Requirements
   
   1. Recruitment Agreement;
      
   2. Job order indicating the positions, the number of positions required and salary per position;
      
   3. Copy of valid commercial registration and business license of the principal issued and authenticated by the chamber of commerce or a relevant government office, including information on business activities, number of years in operation and volume/size of current labor force;
      
   4. Master employment contract signed on all pages by the principal or his/her authorized representative; and
      
   5. Contingency plan as may be applicable.
2. Additional Requirements
   

• B.1. For Foreign Placement Agencies
  
  1. Business license or valid commercial registration of the actual employer hiring skilled Overseas Filipino Workers;
     
  2. Master employment contract from the employer, signed jointly in all pages by the FPA and the actual employer or his/her authorized representative;
     
  3. Manpower request from the employer;
     
  4. Service agreement between the FPA and the client/employer;
     
  5. FPAs hiring domestic workers shall be required to put up an escrow account with a bank authorized by the BangkoSentral ng Pilipinas to handle trust accounts, with deposit in the amount of Fifty Thousand United States Dollars (USD50,000.00). The escrow deposit shall answer for all valid and legal claims arising from violations of contracts of employment; and
  6. Undertaking by the FPA/employer to monitor the employment of Overseas Filipino Workers and to submit a report of significant incidents relative thereto.
• B.2. For Staffing/Sourcing Company:
  
  1. The list of names and addresses of its clients;
     
  2. Manpower request from the client; and
     
  3. Service agreement between the company and its clients.
     

SECTION 97.Issuance of Accreditation Certificate. — The Administration/POLO shall issue, upon full compliance with the requirements, a certificate of accreditation duly signed by an authorized officer, which shall contain the following information:

1. Name of the employer/company;
   
2. Complete business address, email address, contact number;
   
3. Name of authorized representative;
   
4. Validity period; and
5. Date of issuance.
   

SECTION 98.Registration of Principal/Employer.— The POEA shall register a principal/employer duly accredited by the POLO upon submission of the certificate of accreditation by the POLO, including the supporting documents.

Section 99.Registration of POCB-registered Projects.— The Administration shall register POCB- registered projects upon submission of the following requirements:

1. Project authorization from POCB including manpower requirement of the project, compensation, and mobilization schedule; and
   
2. Master employment contract.
   

SECTION 100.Validity of Accreditation. — The accreditation shall be valid for four (4) years.

SECTION 101.Suspension of Accreditation by the POLO. — The POLO may suspend accreditation based on any of the following grounds:

1. Unjustified refusal to assist/repatriate distressed Overseas Filipino Worker/s;
   
2. Deliberate violation/non-compliance of the principal/employer with its contractual obligations to its hired Overseas Filipino Worker/s;
   
3. Continued processing and deployment of the Overseas Filipino Workers for the principal/employer will lead to the further exploitation of any or all of its applicants and Overseas Filipino Workers or pose imminent danger to the lives and safety of its Overseas Filipino Worker/s; or
   
4. When found to have hired and employed an Overseas Filipino Worker who is either a minor or below the prescribed minimum age requirement.
   

SECTION 102.Procedures for Suspension of Accreditation.— Upon receipt of the advice or complaint or report of an alleged violation, the POLO shall require the principal/employer to comment in writing within two (2) days from receipt of the POLO advice, complaint or report.

After evaluating the comment submitted by the principal/employer, and the POLO has determined that there exists a valid ground for suspension of accreditation, the POLO shall issue a notice of suspension. The suspension of accreditation may be imposed for a maximum period of sixty (60) days, which may be lifted upon satisfactory settlement of Overseas Filipino Worker’s claim/s or upon compliance with the
conditions for lifting the suspension.

The principal/employer may file an appeal from the denial of the lifting of the suspension before the DOLE. The appeal shall be filed through the POLO within fifteen (15) days from receipt of the denial.

The POLO shall notify the Administration of the suspension of the accreditation imposed against the principal/employer. The POLO may also recommend the filing of a disciplinary action case against the principal/employer before the Administration.

If the case against the principal/employer is filed before the POEA, the procedure shall be governed by the rules on disciplinary action cases against a principal/employer.

SECTION 103.Effect of Suspension of Accreditation by the POLO.— The suspension of accreditation by the POLO shall have the effect of suspending the documentary processing of the principal/employer at the POLO and the Administration.

SECTION 104.Revocation of Accreditation and Registration.— The POLO or the Administration shall automatically revoke the accreditation of a principal/employer on any of the following grounds:

1. Expiration of the principal’s/employer’s business license or cessation of business or recruitment activity, after a period of one (1) year from expiration or cessation;
   
2. Upon written mutual agreement by the principal/employer and the licensed recruitment agency to terminate the agreement;
   
3. When the principal/employer is meted the penalty of disqualification from participation in the overseas employment program; and
   
4. Failure to comply with the undertaking submitted as requirement for accreditation.
   

SECTION 105.Procedure for Revocation/Cancellation of Accreditation by the POLO.— The following procedures shall apply in the revocation/cancellation of accreditation:

1. Upon the existence of any of the foregoing grounds for revocation/cancellation of accreditation, the POLO shall verify/communicate with the principal/employer and licensed recruitment agency, and require them to submit their comments within a period of five (5) days from receipt of the POLO notice;
   
2. Upon receipt of the comments, the POLO shall evaluate the merits of the response of the principal/employer and licensed recruitment agency. Failure of the concerned parties to comment within the prescribed period shall be construed as a waiver, and the POLO shall immediately proceed with the investigation based on the available records; and
   
3. After evaluation of the comments and the available documents, the POLO shall render a decision. In case of revocation/cancellation of accreditation, the POLO shall immediately notify in writing the concerned parties and the Administration.
   

SECTION 106.Validity of Manpower Request/Job Order.— Job orders approved by the Administration shall be valid for a period of two (2) years, subject to revalidation for another two years upon confirmation of the principal/employer.

SECTION 107. Renewal of Accreditation. — The accreditation may be renewed at the request of the principal/employer or licensed recruitment agency and upon submission of the following:

1. Reconfirmed recruitment agreement; and
2. Revalidated or new job order.

SECTION 108.Dual/Multiple Accreditation of Principal/Employer. — A principal which is a foreign placement agency may be accredited to only two (2) licensed recruitment agencies, while an employer may be accredited up to a maximum of five (5) licensed recruitment agencies, provided that:

1. A uniform or upgraded compensation package shall be adopted by the principal/employer and the agencies for the same project in the same job site;
   
2. The principal/employer has a new job order of at least one hundred (100) workers for the same project in the same job site as verified by the POLO, or the principal/employer must have hired and employed at least one hundred (100) workers for the same project in the same job site within a period of one year immediately preceding the request for dual/multiple registration/accreditation; and
   
3. The principal/employer shall submit an undertaking that it will comply with all its obligations to other licensed recruitment agencies to which it is currently accredited.
   

SECTION 109.Transfer of Accreditation. — The accreditation of a principal/employer may be transferred to another licensed recruitment agency, provided, that:

1. There is no downgrading of the compensation package adopted by the principal with the licensed recruitment agency to which it is currently/previously accredited;
   
2. The transferee agency shall assume full and complete responsibility for all contractual obligations of the principal/employer to the Overseas Filipino Workers originally recruited and deployed by the former licensed recruitment agency, by submitting to the POLO or to the Administration, as the case may be, an undertaking to that effect; and
   
3. The principal/employer must have no pending disciplinary action case.
   

For this purpose, any accreditation within six (6) months immediately following its cancellation by the principal/employer shall be deemed a transfer of accreditation.

SECTION 110. Action on Applications for Transfer of Accreditation of a Principal/Employer with Outstanding Obligations. — Money claims or obligations arising out of their recruitment agreement shall not prevent the POLO or the Administration from acting on the request for registration or accreditation, if public interest so requires.

SECTION 111. Accreditation of Principal/Employer in Countries Covered by a Special Agreement. — The accreditation of a principal/employer in countries covered by any special agreement entered into by the Philippine government shall be in accordance with guidelines prescribed by the Administration.

SECTION 112.Suspension of the Authority of the POLO to Accredit Principal/Employer.— The authority granted to POLO by the POEA to accredit principal/employer may be suspended by the Administrator when there is evidence of persistent/habitual negligence resulting in erroneous accreditation on any of the following grounds:

1. Accreditation which is not in compliance with the POEA Rules and Regulations on principal/employer accreditation;
   
2. Non-compliance with established POLO verification procedures; or
3. Accreditation of a watchlisted principal/employer.
   

The International Labor Affairs Bureau (ILAB)/DOLE shall be duly notified of such suspension for its appropriate action.

SECTION 113.Lifting of Suspension. — The Administrator may, upon recommendation by the ILAB- DOLE, reinstate the authority to accredit a principal/employer.