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f Overseas Filipino Workers only in countries where the rights of Overseas

Filipino are protected.

REVISED POEA

RULES AND REGULATIONS GOVERNING RECRUITMENT


is the main agency of the State which regulates employment v In this regard,
POEA is the AND EMPLOYMENT Workers OF LANDBASED
OVERSEAS FIL In this regard, POEA IPINO WORKERS OF 2016

This revised rules and regulations provides, among others, the basic
documentary requirements needed in order that a worker seeking
employment abroad may be deployed. Specifically provided under Section
118 to wit:

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:

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. particulars of certificate of cover of mandatory insurance; and

7. name of the foreign placement agency and the employer.

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.

These are the basic requirement that a person seeking employment


abroad must satisfy in order to be allowed to work abroad. Upon satisfaction
of these requirements, the person will acquire the legal status as an overseas
Filipino worker which entitles him to the protection, assistance, and services
that the Philippine government provides to migrant workers.

While it is true that these requirements are imposed as a way for


regulation and mainly for the protection of overseas workers which is
necessarily beneficial to them at the same time, it may lead to the prejudice
of the interest of workers. For one, these documentary requirements may be
time-consuming considering the different levels of bureaucracies involved
which makes it impossible to complete the said requirements on a single
day. It will even take weeks if not months to satisfy these requirements.
More so, one major reason which defeats the interest of workers is that
procuring these requirements entails financial expense on their part since
these are not free. Other problems will be discussed further.

KEY PROBLEM ENCOUNTERS (INTERVIEW)

Edmarc Bay-an; 24 yrs old; agricultural trainee; Japan

There are numerous requirements needed to accomplish and this are


necessary for the employment. However, some of these requirements
requires internet connection to make appointments to the proper office of the
government and even to secure certificate of employment or certificate of
exemptions. I just feel like some of the documents which they required
before were not actually used.

Bryan Maliones; 26 yrs old; General Farm Laborer; Canada

There are too much requirements but some of this requirements, in my


own opinion were note useful in my employment. It is a long process and
annoying to accomplish because it is time-consuming and lots of
requirements.

I can just say that working abroad is advantageous as it comes to the


difference in salary compared when working in the Philippines. Surely I will
be able to earn a little from this work.

Josendre Ganado; 27 yrs old; Domestic Helper; Hong Kong

Applying is easy if the agencies and POEA is nearby. And the training
is expensive for those applying for employment.

Roden Simeon; 27 yrs old; Customer Service Representative; United


Arab Emirates

While applying for the job, it required so much effort as you would
need to approach different government agencies in order to acquire all
needed documents. The requirements are needed since this are company
requirements, the school records, medical records and other documents
necessary.

Marielo Eba; 35 yrs old; Domestic Helper; Hong Kong

There are lots of requirements and some of the requirements are not
useful for us Domestic Helpers. It is time consuming, spending of money
and effort. We are the one who have to pay our trainings and be able to
secure or certificates since these are the requirements.

Mae Ann Danigos; 25 yrs old; Food Factory; South Korea

What I can say is that when I was applying for work abroad, all the
requirements at the POEA are manageable. While it is easy to process, this
takes time.

Emily Dayao; 34 yrs old; Hong Kong

The requirements of the agency for me is fair enough. These


requirements with the NC2 certificate for applying as a Domestic helper
includes valid passport, medical certificate. Only the placement fee is too
expensive for us in our part as applicant.

Jhun 30 yrs old; Vietnam

The requirements are too many. Somehow, it helps you learn how to
increase your patience but the processing is really tiring, frustrating and
expensive.

Leonard Bela-o; Ship Electrician

I think the requirements are redundant because we are asked to submit


requirements online, we upload the said requirements however, we are asked
to submit the printed copy for the application. Some of the required
documents have expiration dates such as the training certificates. If you will
not be deployed immediately and the certificate expires, you have to
undergo again the same training. The processing is time consuming and even
wasted. There are different schedules for a particular training, this results to
delay in deployment. In addition, the seminar fees are too expensive..

Name: Jayzelle DupingayAge: 23 Work abroad: Dairy FarmerCountry:


Japan

Question: What can u say about the requirements of poea or ur agency when
u are still applying for work abroad?

A: Chaos, difficult, a lot of requirements and it takes a lot of time to wait.

What can u share as Positive effect?

A: It can help you to become patient, helps u a lot how to manage ur time.

Negative effect?

A: Due to a lot of requirements it will encourage you to borrow money just


to accomplish all the said requirements

Marycel Elizer Compas 40yrs.old Hongkong

Positive effect :

1.For their references.

2.To guide us,knowing the do's and don'ts when u go to other country for
work.

Negative effect :

1.Lot of requirements that is not relevant

Jemaclyn Polongias; 47yrs old; Domestic helper;Hongkong

The cost of the requirements is fair enough but the cost of travel in going to
different government agencies is expensive because it is away from our
place so i need to pay for my travel expenses. It took me 6 months for the
processing including the waiting time to be deployed. For me this is a long
wait.

COMMON PROBLEMS ENCOUNTERED BY THE RESPONDENTS:

1. The requirements are easy to process however it takes time;


2. The requirements are sometimes redundant;
3. Unnecessary payment of fees especially training fee;
4. High placement fee;
5. The requirements are too many;
6. The processing is really tiring, frustrating and expensive;
7. The seminar fees are too expensive;

Aside from those common problems, Filipinos intending to work


abroad can no longer apply directly to foreign companies in view of the
2018 Implementing Guidelines on the Registration of Direct-Hire Overseas
Filipino Workers which provides:

Pursuant to DOLE Administrative Order No. 196, Series of 2018, in


relation to Article 18 of the Labor code of the Philippines (BAN on Direct
Hiring), Republic Act 10022, and the Revised Rules and Regulations
Governing the Recruitment and Employment of Land based overseas
Filipino workers of 2016, while observing the fundamental principle of
deployment of workers only to countries with certification as complint
destination for our workers, the following guidelines shall govern the
registration of Direct-Hire OFW’s by this administration.1

Because of these common problems being encountered and the recent


ban on direct hiring, aspiring OFW’s are forced to coordinate with different
kinds of agencies and that recruitment agencies are aksing them with various
documents and charging them with exorbitant fees even before deployment
which to our mind defeats the purpose of promoting the welfare of the
workers as provided for by law.

1
Memorandum circular no. 08 series of 2018
RECOMMENDATIONS AND SUGGESTIONS:

a. The government should encourage foreign companies to directly


hire Filipino workers.

The government should encourage direct hiring because even if


Filipino workers went through an agency, it will not a guarantee that
he/she will land in a better job. The government should give them
freedom to choose and to directly negotiate with overseas companies
to save money and in this way more Filipinos will be encouraged to
work abroad and that the Philippines will deploy more workers.

b. Pre-employment seminars should not be mandatory

One of the reasons for the delay in the deployment of Filipino


workers is the delay in the schedule of seminars. The cost of travel in
attending such seminar is also a burden. The government should have
an alternative way in disseminating needed information to the workers
like web seminars or just giving pamphlets so that it will save time.

c. Different offices of the government should be available all


throughout the Philippines.

Applicants will save money and time when offices are scattered
around the Philippines because of the travel time and expenses in
going to different offices of the government. it will be convenient to
applicants if the offices are near their place.

d. The requested documents should be released immediately.


The government should employ more workers as applicants are
increasing. One should not wait a considerable amount of time where
the documents can be issued immediately. The time spent waiting
should have been used for a more productive work.

e. The government should not limit workers to be employed by


overseas companies

One of the limitations of the Memorandum circular no. 08 of


2018 is to limit 5 employees to be employed in one company. The
reason behind this is allegedly to reduce incudents of human
trafficking and exploitation of Filipinos. The limitations will not only
affect Filipino workers but the Philippine economy as well. the
government should not impose those limitations because again every
applicant has the right to be employed in a company of his choice.

f. Processing fees should not be expensive


Lastly, processing fees should not be expensive. The goal of the
government is to deploy as many workers as possible since job
opportunities in the country are limited. It should provide a less
expensive way in the deployment of the workers because at the end of
the day, it is the Philippines which will benefit for through OFW’s
remittances.

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