What is illegal recruitment? Here is a detailed definition on what is illegal recruitment according to Philippine Overseas Employment Administration (POEA) website.
Any act of canvassing, enlisting, contracting, transporting, utilizing,
hiring or procuring workers and includes referring, contract services,
promising or advertising for employment abroad, whether for profit or
not, when undertaken by a non-license or non-holder of authority
contemplated under Art 13 (F) 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. (sec. 6, RA 8042).
It shall likewise include the following acts, whether committed by
any persons, whether a non-licensee, non-holder, licensee or holder of
authority.
(a) To charge or accept directly or indirectly any amount greater
than the specified in the schedule of allowable fees prescribed by the
Secretary of Labor and Employment, or to make a worker pay any amount
greater than that actually received by him as a loan or advance;
(b) To furnish or publish any false notice or information or document in relation to recruitment or employment;
(c) To give any false notice, testimony, information or document
or commit any act of misrepresentation for the purpose of securing a
license or authority under the Labor Code;
(d) To induce or attempt to induce a worker already employed to
quit his employment in order to offer him another unless the transfer is
designed to liberate a worker from oppressive terms and conditions of
employment;
(e) To influence or attempt to influence any persons or entity not
to employ any worker who has not applied for employment through his
agency;
(f) To engage in the recruitment of placement of workers in jobs
harmful to public health or morality or to dignity of the Republic of
the Philippines;
(g) To obstruct or attempt to obstruct inspection by the Secretary
of Labor and Employment or by his duly authorized representative;
(h) To fail to submit reports on the status of employment,
placement vacancies, remittances of foreign exchange earnings,
separations from jobs, departures and such other matters or information
as may be required by the Secretary of Labor and Employment;
(i) To substitute or alter to the prejudice of the worker,
employment contracts approved and verified by the Department of Labor
and Employment from the time of actual signing thereof by the parties up
to and including the period of the expiration of the same without the
approval of the Department of Labor and Employment;
(j) For an officer or agent of a recruitment or placement agency
to become an officer or member of the Board of any corporation engaged
in travel agency or to be engaged directly on indirectly in the
management of a travel agency;
(k) To withhold or deny travel documents from applicant workers
before departure for monetary or financial considerations other than
those authorized under the Labor Code and its implementing rules and
regulations;
(l) Failure to actually deploy without valid reasons as determined by the Department of Labor and Employment; and
(m) Failure to reimburse expenses incurred by the workers in
connection with his documentation and processing for purposes of
deployment, in cases where the deployment does not actually take place
without the worker's fault. Illegal recruitment when committed by a
syndicate or in large scale shall be considered as offense involving
economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried out
by a group of three (3) or more persons conspiring or confederating
with one another. It is deemed committed in large scale if committed
against three (3) or more persons individually or as a group.
The persons criminally liable for the above offenses are the
principals, accomplices and accessories. In case of juridical persons,
the officers having control, management or direction of their business
shall be liable.
Source: POEA
Now you know what is illegal recruitment, click here on How To Avoid Illegal Recruitment In Working Abroad.
Showing posts with label poea advisories. Show all posts
Showing posts with label poea advisories. Show all posts
Friday, August 5, 2016
Wednesday, July 8, 2015
POEA Cancels License Of LAM Healthcare Staffing Corporation
The Philippine Overseas Employment Administration has ordered the cancellation of the license of LAM Healthcare Staffing Corporation which was found liable in separate recruitment violation cases filed against the recruitment agency.
Administrator Hans Leo J. Cacdac said the recruitment agency violated several provisions of the POEA rules and regulations including illegal charging of placement fee, multiple cases o f misrepresentation and deploying an underage worker.
LAM Healthcare was held answerable for deploying an underage domestic worker to Oman which the Philippine Overseas Labor Office (POLO) in Muscat reported to the POEA as a probable case of trafficking in person.
The HSW was deployed to Al Ain, United Arab Emirates on February 1, 2013 but was later transferred to an Omani sponsor who brought her to the Sultanate. Complaining of overwork, she escaped from her employer’s home on May 23, 2013 and took shelter at the OWWA Center in Muscat.
During the interview with the welfare officer, the HSW admitted that she was only 21 years old when she was deployed having been born on October 16, 1991. She claimed that her recruiter brought her to Cotabato to secure a fake birth certificate prior to her passport application at the Department of Foreign Affairs in Manila.
POEA Governing Board Resolution No. 6, Series of 2006, as amended, prescribes the minimum age of HSW applicants at 23 years old.
In another case, the POEA found LAM Healthcare liable for excessive collection of placement fee when it charged Php30,000.00 from the worker whose monthly salary was only Php12,318.75 as irrigation laborer in Saudi Arabia. Under the Rules, a land - based recruitment agency may charge and collect from its hired workers a placement fee in an amount equivalent to one month salary, exclusive of documentation costs.
The recruitment agency was also held responsible for misrepresentation when it deployed the worker as a laborer but whose actual work was delivery service crew. The worker was eventually repatriated because of the discrepancy in the position stated in his Iqama and his actual job.
LAM Healthcare was previously penalized for submitting fake OWWA - CPDEP Training Certificates for processing of its hired household service workers at the POEA’s Land - based Center. “We have consistently ruled that misrepresentation cannot only be committed to the applicant - worker but also to the POEA itself. In this case, the agency is liable for leading us to believe that the training certificates were authentic,’ Cacdac said. Under the POEA rules on recruitment violation cases, deploying underage workers and excessive collection of fees on the first offense, and misrepresentation on the third and subsequent offenses, carry the penalty of cancellation of license.
source: POEA
Administrator Hans Leo J. Cacdac said the recruitment agency violated several provisions of the POEA rules and regulations including illegal charging of placement fee, multiple cases o f misrepresentation and deploying an underage worker.
LAM Healthcare was held answerable for deploying an underage domestic worker to Oman which the Philippine Overseas Labor Office (POLO) in Muscat reported to the POEA as a probable case of trafficking in person.
The HSW was deployed to Al Ain, United Arab Emirates on February 1, 2013 but was later transferred to an Omani sponsor who brought her to the Sultanate. Complaining of overwork, she escaped from her employer’s home on May 23, 2013 and took shelter at the OWWA Center in Muscat.
During the interview with the welfare officer, the HSW admitted that she was only 21 years old when she was deployed having been born on October 16, 1991. She claimed that her recruiter brought her to Cotabato to secure a fake birth certificate prior to her passport application at the Department of Foreign Affairs in Manila.
POEA Governing Board Resolution No. 6, Series of 2006, as amended, prescribes the minimum age of HSW applicants at 23 years old.
In another case, the POEA found LAM Healthcare liable for excessive collection of placement fee when it charged Php30,000.00 from the worker whose monthly salary was only Php12,318.75 as irrigation laborer in Saudi Arabia. Under the Rules, a land - based recruitment agency may charge and collect from its hired workers a placement fee in an amount equivalent to one month salary, exclusive of documentation costs.
The recruitment agency was also held responsible for misrepresentation when it deployed the worker as a laborer but whose actual work was delivery service crew. The worker was eventually repatriated because of the discrepancy in the position stated in his Iqama and his actual job.
LAM Healthcare was previously penalized for submitting fake OWWA - CPDEP Training Certificates for processing of its hired household service workers at the POEA’s Land - based Center. “We have consistently ruled that misrepresentation cannot only be committed to the applicant - worker but also to the POEA itself. In this case, the agency is liable for leading us to believe that the training certificates were authentic,’ Cacdac said. Under the POEA rules on recruitment violation cases, deploying underage workers and excessive collection of fees on the first offense, and misrepresentation on the third and subsequent offenses, carry the penalty of cancellation of license.
source: POEA
Friday, October 24, 2014
Balik Manggawa Online Processing
The Philippine Overseas Employment Administration advised Balik - Manggagawa or vacationing Overseas Filipino Workers to use its online system to get an Overseas Employment Certificate (OEC) or exit clearance instead of lining up at the POEA office and its processing centers.
Administrator Hans Leo J. Cacdac said BM Online or the Balik - Manggagawa Online Processing, which will be officially launched October 16 , is intended not only to get rid of queues but also to speed up the process at the convenience of vacationing OFWs.
“With the new system, a returning OFW can now apply online for the OEC and have the approved OEC printed by him/her anywhere , anytime. With the existing database sharing with the Bureau of Immigration , the updated information of OFWs who have successfully secured their OEC using the system will be automatically shared with the Bureau . This facilitates the validation by the immigration officers at the airport of the OEC being presented by the bearer,” Cacdac said.
Cacdac said BM Online is available only for workers on vacation, rehired, or returning to the same employer, and with exi sting record in the POEA database. A Balik - Manggagawa or returning worker who does not meet the said criteria will be redirected to the BM Appointment page for regular processing of OEC on a chosen date and time and preferred processing site of the worker.
Workers using the system will have to pay Php100 for processing fee and Php19.50 for e - payment service fee. The system is now available at bmonline.poea.gov.ph. and can likewise be accessed through the POEA website.
source: POEA website
Administrator Hans Leo J. Cacdac said BM Online or the Balik - Manggagawa Online Processing, which will be officially launched October 16 , is intended not only to get rid of queues but also to speed up the process at the convenience of vacationing OFWs.
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| bmonline.poea.gov.ph |
“With the new system, a returning OFW can now apply online for the OEC and have the approved OEC printed by him/her anywhere , anytime. With the existing database sharing with the Bureau of Immigration , the updated information of OFWs who have successfully secured their OEC using the system will be automatically shared with the Bureau . This facilitates the validation by the immigration officers at the airport of the OEC being presented by the bearer,” Cacdac said.
Cacdac said BM Online is available only for workers on vacation, rehired, or returning to the same employer, and with exi sting record in the POEA database. A Balik - Manggagawa or returning worker who does not meet the said criteria will be redirected to the BM Appointment page for regular processing of OEC on a chosen date and time and preferred processing site of the worker.
Workers using the system will have to pay Php100 for processing fee and Php19.50 for e - payment service fee. The system is now available at bmonline.poea.gov.ph. and can likewise be accessed through the POEA website.
source: POEA website
Sunday, July 13, 2014
Total Deployment Ban Imposed On All OFWs Bound For Afghanistan
Secretary of Labor and Employment Rosalinda Dimapilis-Baldoz announced that the Philippine Overseas Employment Administration (POEA) Governing Board (GB) has ordered a total ban on the processing and deployment of all returning/vacationing overseas Filipino workers bound for Afghanistan, following the Department of Foreign Affairs’ (DFA) issuance of Crisis Alert Level 3 (Voluntary Repatriation Phase) for Afghanistan, which has been experiencing tension following the conduct of the Presidential Elections held last 14 June 2014.
Governing Board Resolution No. 15, Series of 2014, was signed by DOLE Secretary and POEA GB Chairman Rosalinda Dimapilis-Baldoz, POEA Administrator and Vice-Chair of the Governing Board Hans Leo J. Cacdac, and members Felix M. Oca, Estrelita S. Hizon, Alexander E. Asuncion, and Milagros Isabel A. Cristobal.
The deployment ban on new hires for Afghanistan provided under Governing Board Resolution No. 8 issued on 17 December 2007 is still in effect.
In a letter to Baldoz, Secretary of Foreign Affairs Albert E. Del Rosario stated that Alert Level 3 is issued when violent disturbances or external aggression occur in a limited area.
"Filipinos are enjoined to return to the country. However, the cost of repatriation must be borne by their respective companies," Secretary Del Rosario stated in his letter.
The Philippine Embassy in Islamabad estimated that there are around 5,250 Filipinos in Afghanistan mostly working for US contractors. POEA records in 2013 reveal that they are mostly composed of production supervisor and general foremen, production workers, machine fitters and assemblers, stock clerks, engineers, transport equipment operators, electrical wiremen and electrical and electronics engineering technicians.
Despite incidents of violence, the Presidential Elections of Afghanistan pushed through on June 14, 2014 with around 7 million people voting. There were reportedly 150 attacks which killed 10 Afghan soldiers, 14 civilians, and 19 insurgents and injured many more.
Baldoz said that OFW-repatriates who expressed preference to go back overseas in countries other than their original deployment destination can avail of the government’s employment facilitation service provided by the POEA’s Manpower Registry Division, located at the ground floor of the POEA Building and headed by officer-in-charge Cora Orticio. They can be reached through telephone numbers (02) 722-1172; 722-1176; and 722-9497.
She further said that the POEA’s manpower registry division will provide the information on POEA-approved job orders, countries of destination, licensed recruitment agencies, job position, and salaries so that the OFWs can compare and choose which countries they would like to work again in a similar position with more or less similar pay and other benefits.
The added that administrator Cacdac is also setting up a desk at the POEA with a staff complement to provide re-employment facilitation services, as well as relevant information, to repatriates.
“I have instructed Administrator Cacdac to disclose all relevant market information to the public every time the POEA issues a ban on deployment so that OFW returnees can make wise and rational decisions about their plans. These labor market information includes occupations, skills, and wages in the country and in alternative destinations for those seeking employment or re-employment, as well as employment prospects or labor market analysis that includes information on deployment process and cost, visa information, and market players, or local and foreign placement agencies,” said Baldoz.
OFW-repatriates with money claims and other legal problems are attended to by the legal assistance division (LAD) under the Anti-Illegal Recruitment Branch headed by Atty. Rose Duquez. The LAD is located at the fourth floor of the POEA Building along Ortigas Avenue in Mandaluyong City and can be reached through telephone numbers (02) 722-1189.
See more at: http://news.pia.gov.ph/index.php?article=1781405069901#sthash.jCEakLIt.dpu
Governing Board Resolution No. 15, Series of 2014, was signed by DOLE Secretary and POEA GB Chairman Rosalinda Dimapilis-Baldoz, POEA Administrator and Vice-Chair of the Governing Board Hans Leo J. Cacdac, and members Felix M. Oca, Estrelita S. Hizon, Alexander E. Asuncion, and Milagros Isabel A. Cristobal.
The deployment ban on new hires for Afghanistan provided under Governing Board Resolution No. 8 issued on 17 December 2007 is still in effect.
In a letter to Baldoz, Secretary of Foreign Affairs Albert E. Del Rosario stated that Alert Level 3 is issued when violent disturbances or external aggression occur in a limited area.
"Filipinos are enjoined to return to the country. However, the cost of repatriation must be borne by their respective companies," Secretary Del Rosario stated in his letter.
The Philippine Embassy in Islamabad estimated that there are around 5,250 Filipinos in Afghanistan mostly working for US contractors. POEA records in 2013 reveal that they are mostly composed of production supervisor and general foremen, production workers, machine fitters and assemblers, stock clerks, engineers, transport equipment operators, electrical wiremen and electrical and electronics engineering technicians.
Despite incidents of violence, the Presidential Elections of Afghanistan pushed through on June 14, 2014 with around 7 million people voting. There were reportedly 150 attacks which killed 10 Afghan soldiers, 14 civilians, and 19 insurgents and injured many more.
Baldoz said that OFW-repatriates who expressed preference to go back overseas in countries other than their original deployment destination can avail of the government’s employment facilitation service provided by the POEA’s Manpower Registry Division, located at the ground floor of the POEA Building and headed by officer-in-charge Cora Orticio. They can be reached through telephone numbers (02) 722-1172; 722-1176; and 722-9497.
She further said that the POEA’s manpower registry division will provide the information on POEA-approved job orders, countries of destination, licensed recruitment agencies, job position, and salaries so that the OFWs can compare and choose which countries they would like to work again in a similar position with more or less similar pay and other benefits.
The added that administrator Cacdac is also setting up a desk at the POEA with a staff complement to provide re-employment facilitation services, as well as relevant information, to repatriates.
“I have instructed Administrator Cacdac to disclose all relevant market information to the public every time the POEA issues a ban on deployment so that OFW returnees can make wise and rational decisions about their plans. These labor market information includes occupations, skills, and wages in the country and in alternative destinations for those seeking employment or re-employment, as well as employment prospects or labor market analysis that includes information on deployment process and cost, visa information, and market players, or local and foreign placement agencies,” said Baldoz.
OFW-repatriates with money claims and other legal problems are attended to by the legal assistance division (LAD) under the Anti-Illegal Recruitment Branch headed by Atty. Rose Duquez. The LAD is located at the fourth floor of the POEA Building along Ortigas Avenue in Mandaluyong City and can be reached through telephone numbers (02) 722-1189.
See more at: http://news.pia.gov.ph/index.php?article=1781405069901#sthash.jCEakLIt.dpu
Wednesday, April 24, 2013
Baldoz warns OFWs against fake receipts
The fake receipts were issued by some employees of manning agencies who reported the case to the Overseas Workers Welfare Administration, OWWA said.
Baldoz also instructed OWWA chief Carmelita Dimzon to publish notices and issue advisory to recruitment and manning agencies to put internal control mechanisms to prevent the illegal practice.
“The public should be well-advised on the matter for the safety of overseas Filipino workers (OFWs). Benefits may be compromised if the OFWs’ names are not registered as OWWA members. OWWA members are assured of the social and protection programs and services offered by the Agency,” Baldoz said.
For her part, Dimzon said OWWA is now coordinating with the National Bureau of Investigation to help investigate all possible sources of fake documents and bring to court those responsible.
source: Philstar
Thursday, March 22, 2012
Deployment Ban On Nigeria, Libya And Sudan Lifted
THE Philippines has lifted the ban on the deployment of overseas Filipino workers to Nigeria, Libya and Sudan.Labor Secretary Rosalinda Dimapilis-Baldoz, also chairman of the Philippine Overseas Employment Administration Governing Board, on Thursday said the Board had issued three separate resolutions lifting the ban on the deployment of Filipino overseas workers to the said countries.
The first resolution, Resolution 4, Series of 2012, fully lifts the ban on Libya following the recommendation of the Department of Foreign Affairs on March 2 for the lifting in view of the improved security situation in that country.
The ban on the deployment of OFWs to Nigeria was imposed on January 22, 2007, in the light of repeated incidents of kidnappings and unrest at that time.
On March 13, 2007, the ban was partially lifted to allow the redeployment of OFWs who were on vacation and were returning to the same employers. It was re-imposed on January 31, 2008, and this time, the ban also covered Filipino seafarers onboard ships entering Nigerian ports. A partial lifting of the re-imposed ban was made on August 12, 2009.
The second resolution, Resolution 5 Series of 2012, fully lifts the ban on the deployment of OFWs to Libya following the approval by the Office of the President of the recommendation of the Department of Foreign Affairs on February 23 lowering the crisis alert level in Libya from Alert Level 2 to Alert Level 1.
The POEA Governing Board suspended the processing and deployment of OFWs bound for Libya on February 22, 2011, because of heightened political unrest in that country.
On December 20, 2011, the Board issued Resolution 10 Series of 2011 which allowed for the gradual processing and redeployment of returning workers in the medical and oil sectors only, subject to proof of existing employment as determined by the POEA.
Read the rest of the news at: BusinessMirror.com.ph
Thursday, December 9, 2010
POEA Warns Filipinos Of Bogus Jobs in Guam
The Philippine Overseas Employment Administration (POEA) has recommended would-be Overseas Filipino Workers (OFW's) of potential entertainment work in Guam that does not exist.
“We received a report from the Philippine embassy advising POEA [Philippine Overseas Employment Administration] that this recruitment scams have been going on in the internet. These are advertisements posted in the internet...purportedly some hospitals in Guam are recruiting medical field workers, and 2 names have actually been mentioned,” said POEA Administrator Jennifer Manalili.
In a statement by the Philippine Consulate-General in Guam, there are sites that soliciting Filipino ofws to work in Guam. The two web site are guamgeneralhospital.com and westernpacifichospital.com.
The consulate said “Guam General Hospital” and “Western Pacific Hospital” are bogus.
“The online job solicitation is an apparent scam to lure unwary applicants into applying for jobs that does not exist,” the Philippine consulate said.
Guam authorities alerted the consulate that the websites are scams to lure OFWs to apply.
“We would suppose that some had already been victimized because the embassy said these are based on reports of some applicants having been lured into applying. We actually did come out with an advisory so we are able to warn the public that these are scams and these are not true offers of employment in Guam,” said Manalili.
The consulate added that the bogus websites are currently under investigation by the Federal Bureau of Investigation.
According to the consulate, there is only one hospital in Guam, which is the Guam Memorial Hospital.
Manalili explained that the POEA is expecting the labor market in Guam to open on the 3rd quarter of 2011.
“What's being done there, the activities there would pertain to the awarding of contracts, and these are contracts not for the hospitals yet but mostly for housing facilities and road projects that have to be built before any other facilities can be constructed in Guam,” she said.
Furthermore, Manalili noted that internet scams have been proliferating on the world-wide-web. The bogus websites regularly operate by luring Overseas Filipino Workers to their site to fill up forms and are subsequently asked to remit money.
“When they ask you to remit money, then the applicant must be wary of the scheme because that would tell them something is amiss,” she said.
“The difficulty with scams is, of course, we don't know the origin, that's why we have been advising our public that when they see advertisements posted in the internet, they have to check the website of POEA because all of these information, they can verify from the website of POEA,” added Manalili.
“We received a report from the Philippine embassy advising POEA [Philippine Overseas Employment Administration] that this recruitment scams have been going on in the internet. These are advertisements posted in the internet...purportedly some hospitals in Guam are recruiting medical field workers, and 2 names have actually been mentioned,” said POEA Administrator Jennifer Manalili.
In a statement by the Philippine Consulate-General in Guam, there are sites that soliciting Filipino ofws to work in Guam. The two web site are guamgeneralhospital.com and westernpacifichospital.com.
The consulate said “Guam General Hospital” and “Western Pacific Hospital” are bogus.
“The online job solicitation is an apparent scam to lure unwary applicants into applying for jobs that does not exist,” the Philippine consulate said.
Guam authorities alerted the consulate that the websites are scams to lure OFWs to apply.
“We would suppose that some had already been victimized because the embassy said these are based on reports of some applicants having been lured into applying. We actually did come out with an advisory so we are able to warn the public that these are scams and these are not true offers of employment in Guam,” said Manalili.
The consulate added that the bogus websites are currently under investigation by the Federal Bureau of Investigation.
According to the consulate, there is only one hospital in Guam, which is the Guam Memorial Hospital.
Manalili explained that the POEA is expecting the labor market in Guam to open on the 3rd quarter of 2011.
“What's being done there, the activities there would pertain to the awarding of contracts, and these are contracts not for the hospitals yet but mostly for housing facilities and road projects that have to be built before any other facilities can be constructed in Guam,” she said.
Furthermore, Manalili noted that internet scams have been proliferating on the world-wide-web. The bogus websites regularly operate by luring Overseas Filipino Workers to their site to fill up forms and are subsequently asked to remit money.
“When they ask you to remit money, then the applicant must be wary of the scheme because that would tell them something is amiss,” she said.
“The difficulty with scams is, of course, we don't know the origin, that's why we have been advising our public that when they see advertisements posted in the internet, they have to check the website of POEA because all of these information, they can verify from the website of POEA,” added Manalili.
Sunday, December 5, 2010
4,744 Filipinos Passed the Korean Language Test
A total of 4,744 aspiring Overseas Filipino Workers (OFWs) in Korea has passed the Test Of Proficiency in Korean (TOPIK) or called the Korean Language Test (KLT). This is according to the news released by the Philippine Overseas Employment Administration (POEA). The passers corresponds to 46 percent of the total 10,262 examinees that was conducted last November 14, 2010.
Melanie M. Maninang and Charito V. Caballero, who took the examination in Bacolor, Pampanga both got a perfect score of 200 points.
The 7th KLT was also conducted in Manila, Baguio City, Cebu City and Davao City.
The result of those who passed the the TOPIK can be viewed at the POEA website www.poea.gov.ph and www.eps.go.kr/ph.
The passers are reminded to immediately submit to the POEA their fit-to work medical certification from any DOH accredited clinic for their names to be included in the List of Jobseekers for EPS-Korea.
PHOTO Credits to: KoreanLikeThis.blogspot.com
Wednesday, November 10, 2010
Hiring of OFWs For Guam Will Start Late Next Year
The design phase will start during the first half of the 2011 because many of the construction projects are of build-and-design type. Any significant construction activity in the island will start in the second half of the year.
Initial bids and requests for proposal had been published and would be completed by the end of November 2010.
The military buildup will need at least 10,000 workers but only 6,000 will come from outside Guam. The remaining 4,000 workers will be Guam residents and other foreign workers already in the US territory.
Tuesday, September 14, 2010
POEA Advisory: How To Avoid Illegal Recruitment
This article will explain how aspiring Overseas Filipino Workers can avoid illegal recruitment.
1. Apply only to recruitment agencies that are licensed or accredited by the Philippine Overseas Employment Administration (POEA). Not all recruitment agencies in the Philippines are allowed to deploy Filipinos abroad, a recruitment agency need to comply with the different requirements by the POEA such as the escrow account, business licenses, etc.
2. Deal only with licensed agencies with job orders.
3. Deal only with persons who is authorized representative of a licensed agency. One of the policy of POEA for the licensed recruitment agency is for them to register their employees with the POEA. Even if an employee is working with a licensed agency, he is needs to be reported with the POEA.
4. Transact business inside the registered address of the agency. If recruitment is conducted in the province, check if the agency has a provincial recruitment authority
5. Pay not more than the allowed placement fee. It should be equivalent to one month salary, exclusive of documentation and processing costs.
6. Do not pay any placement fee unless you have a valid employment contract and an official receipt.
7. Do not be enticed by ads or brochures requiring you to reply to a Post Office (P.O.) Box, and to enclose payment for processing of papers.
8. Do not deal with training centers and travel agencies, which promise overseas employment.
9. Do not accept a tourist visa.
10. Do not deal with fixers.
With the ten tips above your chances of being recruited illegally becomes slim. Just keep the list always in your mind if somebody is trying to recruit you.
Pinoy Workers Cancelling Contracts In Hong Kong
Recruitment Agency in the Philippines have expressed concern over reviews that a number of overseas Filipino workers going to Hong Kong have back-out from their employment contracts following the August 23 hostage tragedy in Manila where the place eight HongKong Tourists have been killed.
In an announcement on Sunday, the Society of Hong Kong-Accredited Recruiters of the Philippines (SHARP) mentioned its member-agencies are alarmed that Filipino candidates have additionally been apprehensive of taking jobs in Hong Kong.
“Some departing workers for Hong Kong have withdrawn their contracts and many applicants are now hesitant to apply for [jobs in] Hong Kong," mentioned SHARP president Alfredo Palmiery without providing numbers.
Palmiery nevertheless stated their counterpart associations in Hong Kong consider the August 23 hostage-taking incident won't affect the standing of Filipino workers there.
He, however, warned that Hong Kong employers may be pressured to get different nationalities for family employees if departing Filipino workers continue canceling their employment contracts, and if there would be fewer job applicants from the country.
“In reality, there are more Indonesian helpers now in Hong Kong than Filipinos," he added.
For his or her part, Hong Kong employers have assured candidates that Hong Kong employers will nonetheless rent Filipino workers.
In the same statement, Thomas Chan, president of the Hong Kong Federation of Employment Businesses, said that no job order or contract has been canceled up to now by employers of his member-agencies.
“Hong Kong employers will continue to hire Filipino household workers," mentioned Chan.
Tony Lau, president of the Normal Chamber of Manpower Businesses, in the meantime, stated none of his member-agencies have reported instances of terminated workers after the hostage-taking incident.
“Employers still want Filipino household workers because of their proven reliability and loyalty to the employers. Many employers prefer them over those of other nationalities primarily because of their proficiency in English language," Lau said.
If OFWs continue canceling their employment in Hong Kong, nevertheless, Palmiery mentioned the Philippines may lose the Hong Kong market, which will pose “great" results on the Philippine economy.
“Many Philippine businesses based in Hong Kong, [such as] remittance centers, banks and real estate companies would definitely be affected," Palmiery said.
Government records present some one hundred thousand Filipino staff were deployed in Hong Kong in 2009, about 25,000 majority are household workers. Filipinos in the area sent in some $340 million in remittances last year.
“Hong Kong is the best destination for Filipino household workers. Aside from its proximity to the Philippines and the high salary (of workers), there are very few welfare cases compared to those in the Middle East," Palmiery further added.
Monday, September 13, 2010
POEA Advisory: Charging Of Placement Fees Not Allowed To Guam Based Workers
applicants bound for the US, including Guam for jobs falling under the
H-2B visa category or non-agricultural temporary worker.
The policy, contained in POEA Memorandum Circular No. 10 Series of
2009 issued in September last year is in line with US Government regulations which forbids the charging of recruitment or placement fees from a worker as a condition for employment under an H-2B visa.
POEA has adopted a policy that prohibits charging of placement fees from workers applying for jobs in countries that do not allow charging of such fees since 2001. The US, including Guam, is now one such country that forbids the charging of placement fees from workers. Other countries that prohibit the collection of placement fees from workers are United Kingdom, Ireland, Israel, some parts of Canada like Alberta,
Manitoba, British Columbia, Seskatchewan, and Netherlands.
Administrator Jennifer Jardin-Manalili said that administrative charges carrying a penalty of cancellation of license shall immediately be filed against recruitment agencies found violating the no-placement fee policy
in these countries.
Manalili also urged jobseekers to visit the POEA website poea.gov.ph or call POEA hotlines 722-1144 / 7221155 or text 2917 for any developments on the Guam labor market.
Thursday, September 2, 2010
DOLE pushes for intensified Japanese Language Training Program for Overseas Filipino Workers
Labor and Employment Secretary Rosalinda D. Baldoz said the intensified language training for aspiring OFW nurses and caregivers for Japan will raise the jobseekers probability of the tough licensure examinations set by the host country for foreign medical workers.
Baldoz recalled that latest information indicated simply 1.2 percent of overseas jobseekers have passed the exams and that no foreign jobseeker passed last year’s exams due to the difficulty of the examinees to comprehend kanji and technical language written in Japanese.
In order to remedy the crisis, Baldoz sought the suggestions of the Philippine Overseas Labor Office (POLO) in Tokyo, Japan to address the problem and came up with a number of solutions.
POLO-Tokyo Officer-in-Charge and Welfare Officer Maria Luz Talento said the language training programs should concentrate on communication skills more than simply language skills, adding that even though candidate nurses and caregivers are able to speak Japanese which clearly benefits their hospitals and/or welfare institutions, it cannot make up for an inability to communicate verbally (and in writing) with their co-workers and immediate superiors in their place of work.
Talento stated an occupation-specific language and communication skills training program is necessary not just to redress conflict and prevent miscommunications, but also to obtain jobs and retain them as well.
The POLO head said a successful occupation-specific language and communication skills training program should include some form of labor market support including but not limited to, orientations about workplace diversity, Japanese legal system, and Japanese workplace culture with topics on verbal and non-verbal communication, work values and expectations, and work relationship.
Talento also mentioned that the reason for the coming back home of the 18 Filipinos are not because that they are discouraged of not passing the exams but rather because of personal (family) and/or health reasons, adding that based on interviews made with the Overseas Filipino Workers, mainly all of them even suggested that their partaking to their first examination was a “valuable learning experience for them to get a feel of the examinations.”
Talento said the OFWs did not divulge, in any way or manner, that they are being discouraged as a result of their slim prospects of passing the Japanese licensure examinations.
Source: Labor Communications Office
Baldoz recalled that latest information indicated simply 1.2 percent of overseas jobseekers have passed the exams and that no foreign jobseeker passed last year’s exams due to the difficulty of the examinees to comprehend kanji and technical language written in Japanese.
In order to remedy the crisis, Baldoz sought the suggestions of the Philippine Overseas Labor Office (POLO) in Tokyo, Japan to address the problem and came up with a number of solutions.
POLO-Tokyo Officer-in-Charge and Welfare Officer Maria Luz Talento said the language training programs should concentrate on communication skills more than simply language skills, adding that even though candidate nurses and caregivers are able to speak Japanese which clearly benefits their hospitals and/or welfare institutions, it cannot make up for an inability to communicate verbally (and in writing) with their co-workers and immediate superiors in their place of work.
Talento stated an occupation-specific language and communication skills training program is necessary not just to redress conflict and prevent miscommunications, but also to obtain jobs and retain them as well.
The POLO head said a successful occupation-specific language and communication skills training program should include some form of labor market support including but not limited to, orientations about workplace diversity, Japanese legal system, and Japanese workplace culture with topics on verbal and non-verbal communication, work values and expectations, and work relationship.
Talento also mentioned that the reason for the coming back home of the 18 Filipinos are not because that they are discouraged of not passing the exams but rather because of personal (family) and/or health reasons, adding that based on interviews made with the Overseas Filipino Workers, mainly all of them even suggested that their partaking to their first examination was a “valuable learning experience for them to get a feel of the examinations.”
Talento said the OFWs did not divulge, in any way or manner, that they are being discouraged as a result of their slim prospects of passing the Japanese licensure examinations.
Source: Labor Communications Office
Tuesday, May 18, 2010
How to Prevent Illegal Recruitment
What is Illegal Recruitment?
Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority contemplated under Art 13 (F) 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. (sec. 6, RA 8042).
It shall likewise include the following acts, whether committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority.
(a) To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater than that actually received by him as a loan or advance;
(b) To furnish or publish any false notice or information or document in relation to recruitment or employment;
(c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code;
(d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment;
(e) To influence or attempt to influence any persons or entity not to employ any worker who has not applied for employment through his agency;
(f) To engage in the recruitment of placement of workers in jobs harmful to public health or morality or to dignity of the Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representative;
(h) To fail to submit reports on the status of employment, placement vacancies, remittances of foreign exchange earnings, separations from jobs, departures and such other matters or information as may be required by the Secretary of Labor and Employment;
(i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment;
(j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly on indirectly in the management of a travel agency;
(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under the Labor Code and its implementing rules and regulations;
(l) Failure to actually deploy without valid reasons as determined by the Department of Labor and Employment; and
(m) Failure to reimburse expenses incurred by the workers in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group.
The persons criminally liable for the above offenses are the principals, accomplices and accessories. In case of juridical persons, the officers having control, management or direction of their business shall be liable.
Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority contemplated under Art 13 (F) 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. (sec. 6, RA 8042).
It shall likewise include the following acts, whether committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority.
(a) To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater than that actually received by him as a loan or advance;
(b) To furnish or publish any false notice or information or document in relation to recruitment or employment;
(c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code;
(d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment;
(e) To influence or attempt to influence any persons or entity not to employ any worker who has not applied for employment through his agency;
(f) To engage in the recruitment of placement of workers in jobs harmful to public health or morality or to dignity of the Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representative;
(h) To fail to submit reports on the status of employment, placement vacancies, remittances of foreign exchange earnings, separations from jobs, departures and such other matters or information as may be required by the Secretary of Labor and Employment;
(i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment;
(j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly on indirectly in the management of a travel agency;
(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under the Labor Code and its implementing rules and regulations;
(l) Failure to actually deploy without valid reasons as determined by the Department of Labor and Employment; and
(m) Failure to reimburse expenses incurred by the workers in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group.
The persons criminally liable for the above offenses are the principals, accomplices and accessories. In case of juridical persons, the officers having control, management or direction of their business shall be liable.
Friday, February 19, 2010
Holders of Passports Bearing Fake Immigration Stamps Liable to Prosecution in Hong Kong
The warning comes after a Filipino tourist was arrested by immigration authorities at Hong Kong International Airport on 28 October for having in her passport fake entry and exit stamps to falsely show that she had previously traveled to Hong Kong. The Filipino, who is from Batangas province and was visiting Hong Kong for the first time, was on her way back to the Philippines with her family at the time of her arrest. She was brought to Shatin Magistrates’ Court on 30 October and pleaded guilty to the offense of possession of a false instrument. The judge handling the case sentenced her to four (4) months’ imprisonment.
The immigration entry/exit stamps were allegedly forged by a company that peddles the service as a way of bolstering a visa applicant’s chances at getting a visa from certain embassies in Manila.
Filipinos should be aware that these embassies also report fraudulent visa application documents to the National Bureau of Investigation (NBI). The Consulate has made a recommendation to authorities in Manila for the investigation of the case.
Mere possession of a false instrument is an offence under Section 75 of Hong Kong’s Crimes
Ordinance and carries with it a maximum penalty of 3 years’ imprisonment.
Saturday, August 8, 2009
No Filipinas Are Allowed to Work As Entertainers In Turkey
The Philippine Overseas Employment Administration (POEA) issued an advisory for Filipinas not to accept job offers as entertainers in Turkey.
According to their website, the POEA is not processing employment documents of Overseas Performing Artists (OPAs) to Turkey and the Department of Labor and Employment (DOLE) is not keen on allowing their deployment due to lack of established protective and monitoring mechanisms.
DOLE Secretary Marianito D. Roque said deployment of OPAs shall be allowed only in the presence of a bilateral agreement between the Philippines and Turkey to assure protection of Filipino workers in that country.
It will be noted that Filipinas are finding alternative countries to work as entertainers ever since the Japanese lowered the number of Filipina entertainers in Japan.
According to their website, the POEA is not processing employment documents of Overseas Performing Artists (OPAs) to Turkey and the Department of Labor and Employment (DOLE) is not keen on allowing their deployment due to lack of established protective and monitoring mechanisms.
DOLE Secretary Marianito D. Roque said deployment of OPAs shall be allowed only in the presence of a bilateral agreement between the Philippines and Turkey to assure protection of Filipino workers in that country.
It will be noted that Filipinas are finding alternative countries to work as entertainers ever since the Japanese lowered the number of Filipina entertainers in Japan.
Friday, July 17, 2009
POEA Philippines News: POLO assists distressed OFWs, victims of contract substitution in Libya
The Department of Labor and Employment (DOLE) today said utmost efforts were set in place to address the complaints of distressed Overseas Filipino workers (OFWs) in Libya.
Labor and Employment Secretary Marianito D. Roque said the Philippine Overseas Labor Office (POLO) in Tripoli has promptly looked into the plight of 131 OFWs upon receiving their complaints against their employer in Benghazi, Libya.
Roque, citing a report from Tripoli-based Labor Attaché Nasser Mustafa, said the POLO found the complaints legitimate and subsequently started making representations with the OFWs' employer to address the complaints.
The OFWs complained of poor accommodation, substandard toilets, insufficient food and medical facilities, absence of safety gadgets, and downgraded and delayed salaries.
The DOLE Chief said the employer had acknowledged the shortcomings and assured the POLO that it would rectify the problem on accommodation, food, and sanitary and safety needs of the OFWs.
The employer, he added, was also told to comply with the OFWs' contract provision on salaries as it would be against the rules of the Philippine Overseas Employment Administration (POEA) to downgrade the OFWs' salaries.
Roque said the POLO in Tripoli constantly made follow-ups with the employer to ensure its compliance with the demands of the OFWs, adding the POEA was prepared to investigate the former and the concerned recruitment agency in case the employer failed to address the OFWs' complaints.
Nonetheless, 11 of the OFWs found new employment with another company in Libya. The Tripoli-based POLO negotiated for the official release of the OFWs who had already started working for their new employer in Libya. The POLO will also negotiate for the release of the rest of the distressed OFWs who would soon be absorbed by a big construction Libyan firm.
Meanwhile, the POEA suspended two recruitment agencies, Aquagem Int'l and Sharikat Al Saedi, Int'l following investigation indicating that the OFWs they deployed to Libya suffered contract substitution. The OFWs' employer, Cifex World, was placed on the watchlist by the same agency.
Mustafa, thus emphasized that there is no truth to recent unfair reports that he had allegedly "defended the substituted contracts" in behalf of the erring agencies, while acting as a "spokesman" for the watchlist Libyan company, to the disadvantage of the victimized OFWs.
On the contrary, the Labor Attaché made it clear that when 13 of the OFWs ran away from the workplace last February, he immediately urged them to execute an affidavit against the blatant contract substitution forced them by the erring recruiters.
He added that 32 other OFWs, forced through the contract substitution to endure similar sub-standard conditions, were also duly assisted by the POLO in Tripoli after they were subsequently forced to run away last April.
It appeared, Mustafa said that the two recruiters had first asked the OFWs to sign the standard contract which had been verified. However, before the victims left for the airport on the way to Libya, they were forced to sign another contract with a lower salary and with different terms and conditions than those binding under the standard contract.
In the host country, Mustafa initiated continuous mediation and conciliation efforts in behalf of the runways, while ensuring their safe refuge and all-out assistance necessary to ease their plight.
As a result, he compelled the erring recruiters to shoulder responsibility in ensuring the repatriation expenses of OFWs back to the Philippines. Furthermore, through his mediation, the firm paid the workers' remaining salaries before their repatriation, and to issue them their final exit permit from the host country.
source: Information and Publication Service
Labor and Employment Secretary Marianito D. Roque said the Philippine Overseas Labor Office (POLO) in Tripoli has promptly looked into the plight of 131 OFWs upon receiving their complaints against their employer in Benghazi, Libya.
Roque, citing a report from Tripoli-based Labor Attaché Nasser Mustafa, said the POLO found the complaints legitimate and subsequently started making representations with the OFWs' employer to address the complaints.
The OFWs complained of poor accommodation, substandard toilets, insufficient food and medical facilities, absence of safety gadgets, and downgraded and delayed salaries.
The DOLE Chief said the employer had acknowledged the shortcomings and assured the POLO that it would rectify the problem on accommodation, food, and sanitary and safety needs of the OFWs.
The employer, he added, was also told to comply with the OFWs' contract provision on salaries as it would be against the rules of the Philippine Overseas Employment Administration (POEA) to downgrade the OFWs' salaries.
Roque said the POLO in Tripoli constantly made follow-ups with the employer to ensure its compliance with the demands of the OFWs, adding the POEA was prepared to investigate the former and the concerned recruitment agency in case the employer failed to address the OFWs' complaints.
Nonetheless, 11 of the OFWs found new employment with another company in Libya. The Tripoli-based POLO negotiated for the official release of the OFWs who had already started working for their new employer in Libya. The POLO will also negotiate for the release of the rest of the distressed OFWs who would soon be absorbed by a big construction Libyan firm.
Meanwhile, the POEA suspended two recruitment agencies, Aquagem Int'l and Sharikat Al Saedi, Int'l following investigation indicating that the OFWs they deployed to Libya suffered contract substitution. The OFWs' employer, Cifex World, was placed on the watchlist by the same agency.
Mustafa, thus emphasized that there is no truth to recent unfair reports that he had allegedly "defended the substituted contracts" in behalf of the erring agencies, while acting as a "spokesman" for the watchlist Libyan company, to the disadvantage of the victimized OFWs.
On the contrary, the Labor Attaché made it clear that when 13 of the OFWs ran away from the workplace last February, he immediately urged them to execute an affidavit against the blatant contract substitution forced them by the erring recruiters.
He added that 32 other OFWs, forced through the contract substitution to endure similar sub-standard conditions, were also duly assisted by the POLO in Tripoli after they were subsequently forced to run away last April.
It appeared, Mustafa said that the two recruiters had first asked the OFWs to sign the standard contract which had been verified. However, before the victims left for the airport on the way to Libya, they were forced to sign another contract with a lower salary and with different terms and conditions than those binding under the standard contract.
In the host country, Mustafa initiated continuous mediation and conciliation efforts in behalf of the runways, while ensuring their safe refuge and all-out assistance necessary to ease their plight.
As a result, he compelled the erring recruiters to shoulder responsibility in ensuring the repatriation expenses of OFWs back to the Philippines. Furthermore, through his mediation, the firm paid the workers' remaining salaries before their repatriation, and to issue them their final exit permit from the host country.
source: Information and Publication Service
Wednesday, June 10, 2009
10 Things To Consider To Avoid Illegal Recruitment
Below is the 10 things you should know to avoid illegal recruitment. This advisory came from the Philippine Overseas Employment Administration.
1. Do not apply at recruitment agencies not licensed by POEA.
2. Do not deal with licensed agencies without job orders.
3. Do not deal with any person who is not an authorized representative of a licensed agency.
4. Do not transact business outside the registered address of the agency. If recruitment is conducted in the province, check if the agency has a provincial recruitment authority.
5. Do not pay more than the allowed placement fee. It should be equivalent to one month salary, exclusive of documentation and processing costs.
6. Do not pay any placement fee unless you have a valid employment contract and an official receipt.
7. Do not be enticed by ads or brochures requiring you to reply to a Post Office (P.O.) Box, and to enclose payment for processing of papers.
8. Do not deal with training centers and travel agencies, which promise overseas employment.
9. Do not accept a tourist visa.
10.Do not deal with fixers.
1. Do not apply at recruitment agencies not licensed by POEA.
2. Do not deal with licensed agencies without job orders.
3. Do not deal with any person who is not an authorized representative of a licensed agency.
4. Do not transact business outside the registered address of the agency. If recruitment is conducted in the province, check if the agency has a provincial recruitment authority.
5. Do not pay more than the allowed placement fee. It should be equivalent to one month salary, exclusive of documentation and processing costs.
6. Do not pay any placement fee unless you have a valid employment contract and an official receipt.
7. Do not be enticed by ads or brochures requiring you to reply to a Post Office (P.O.) Box, and to enclose payment for processing of papers.
8. Do not deal with training centers and travel agencies, which promise overseas employment.
9. Do not accept a tourist visa.
10.Do not deal with fixers.
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