Ban on Direct Hires

TO ALL CONCERNED DIRECT HIRED WORKERS AND EMPLOYERS

Effective 3 November 2016, the POEA Name Hire Division (NHAD), Landbased Center, shall strictly observe the full implementation of the 2016 POEA Revised Rules and Regulations the Recruitment and Employment of Landbased Overseas Filipino Workers (OFW), particulary the following provisions:

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:

a. Members of the diplomatic corps;

b. International organizations;

c. Heads of state and government officials with the rank of at least deputy minister; or

d. 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.

As such, all workers requesting for evaluation (Domestic Workers, Professional, Skilled and Semi/Low-Skilled Workers) should submit documents in accordance with the Lists of Requirements for Direct Hire Processing which can be downloaded from the POEA website, www. poea.gov.ph.

Incomplete and non-compliant requests will not be received/accepted by the concerned offices. All applicants, except those falling under the exemptions in Section 124, a,b, and c are subject for Clearance by the Office of the Secretary, Department of Labor and Employment (DOLE), which is a basic requirement for processing of documents of workers directly hired by employers under Section 124 d.

For the information and guidance of all concerned. For further information please do not hesitate to call us on: +356 2557 2557 or send us an email on: [email protected]

Source reference:

POEA Advisory No. 37, Series of 2016.

Revised POEA Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino Workers of 2016 - Download here.