How to Hire Filipino Workers – Agency Hire for Various Skills

A foreign principal that acts as a direct employer of landbased worker may be registered to more than one (1) Philippine agency. A foreign principal that is licensed to operate as a foreign placement agency may be registered/accredited to a maximum of two (2) Philippine agencies subject to the conditions prescribed by the DMW (Department of Migrant Workers).

How to Hire Filipino Workers in Philippines through Agency

A prospective employer interested to hire the services of Filipino workers may choose from the official list of licensed private employment agencies (landbased and seabased) available at the nearest Philippine Overseas Labor Office (POLO), Philippine Embassy/Consulate in their country. The employer may write the DMW directly for agency referral assistance.

HOW TO HIRE WORKERS THROUGH THE RECRUITMENT AGENCY:

1. A  prospective employer interested to hire Filipino workers may choose from the list of licensed private employment agencies (land-based and sea-based)

2. An employer who has identified a Philippine agent which will source his/her manpower requirement must submit the recruitment documents to the nearest Philippine Overseas Labor Office (POLO) for verification.

This process ascertains the:

a) existence of the company or project; and
b) the need for Filipino manpower.

3. Please take note that a Foreign Employer may act as direct employer of a land-based worker may be registered to more than one (1) Philippine Agency while a Foreign Recruitment Agency who is licensed to operate as a foreign placement agency may be registered/accredited a maximum of two (2) Philippine Agency subject to conditions prescribed by the Department of Migrant Workers (DMW)

4. For Manning Principal, should submit additional requirements aside from given list below:

a. Ship Registration
b. Ship Details and list of ships

REQUIREMENTS FOR AGENCY HIRE

1. Recruitment Agreement (see sample form) (signed/stamped all pages);
2. Job Order (JO) / Manpower Request (see sample form)
   a.) If No Visa issued, Available Visa Quota Detail
   b.) If Visa issued, Passport and Visa copy of Worker and MOHRE Job Offer or Company Offer Letter
3. Trade/Business License of the Principal/Company;
4. Passport/Visa copy (for non-Emirati) of the owner/signatory of the Principal/Company;
5. Company Profile (see sample form);
6. DMW license/Passport Copy of the Philippine Agency;
7. Contingency Plan (see sample form);
8. Affidavit of Undertaking by the Principal/Company (see sample form);
9. Undertaking by the Principal/Company (see sample form);
10. Special Power of Attorney (see sample form);
11. Master Employment Contract (see sample form) (signed/stamped all pages);
12. ADDENDUM – Employment Contract (see sample form)
13. Other documents as required
    a.) (Pictures of Company/accommodation of workers, if provided by the company)

Other Documentary Requirements:

An employer who has identified a Philippine agent which will source his/her manpower requirement must submit the recruitment documents to the nearest Philippine Overseas Labor Office (POLO) at the Philippine embassy/consulate for verification:

This process ascertains the:

1. existence of the company or project,

2.the need for Filipino manpower.

For landbased principals:

a. Special Power of Attorney or Service/Recruitment Agreement

b. Master Employment Contract with the minimum contract provisions on:

c. Manpower request

If there is no POLO at the jobsite the employer will undergo the DMW accreditation process and the local agent submits to DMW the items mentioned in a, b, and c and visa documents.

For manning principals:

a. Manning agreement containing among others, the responsibilities of both principal and manning agency with respect to the employment of seafarers;

b. Special Power of Attorney;

c. List of ships and their particulars including IMO number;

d. Crew complement;

e. Valid business license registration certificate or equivalent document or proof of existence of business validated or certified by the issuing authority in the host country; and

f. Other documents which the Administration may find necessary.

A foreign principal that acts as a direct employer of landbased worker may be registered to more than one (1) Philippine agency. A foreign principal that is licensed to operate as a foreign placement agency may be registered/accredited to a maximum of two (2) Philippine agencies subject to the conditions prescribed by the DMW.

REGISTRATION OF PHILIPPINE OVERSEAS CONTRACTORS BOARD (POCB) REGISTERED PROJECTS

POCB registered projects shall also be registered with the Administration without undergoing the regular procedure, subject to prescribed conditions of the DMW.

EXPENSES FOR HIRING FILIPINO WORKERS

Private employment entities charge service fees from the employers/principal as payment for services rendered in the recruitment and placement of workers. The fees among others cover cost of:

US$ 100.00 DMW processing fee

US$ 25.00 Worker membership with the Overseas Worker Welfare Administration (OWWA)

Visa

Private landbased recruitment agencies are allowed to collect from its workers placement fee equivalent to one (1) month salary except in countries where laws prohibit collection of fees from workers. The placement fee is exclusive of documentation and processing costs, and may only be collected upon signing of the employment contract.

Documentation and processing costs cover trade/skill testing, medical examination, passport, clearances, inoculation, authentications, Philhealth premium, and other costs related to documentation.

Manning agencies are not allowed to collect any fee from its hired workers.

For manning agencies, the fees paid by the employer cover:

Processing Fee: PhP200.00

OWWA: PhP1,275

MINIMUM CONTRACT REQUIREMENTS

1. Guaranteed wages for regular working hours and overtime pay, which shall not be lower than the prescribed minimum wage in the host country or not lower than the appropriate minimum wage standards set forth in a bilateral agreement or international convention, if applicable, or not lower than the minimum wage in the country, whichever is highest;

2. Free transportation to and from worksite, or offsetting benefit;

3. Free food and accommodation, or offsetting benefit;

4. Just/authorized causes for termination of contract or of the service of the worker taking into consideration the customs, traditions, mores, practices, company policies and the labor laws and social legislations of the host country.

The Administration may also consider the following as basis for other provisions of the contract:

1. existing labor and social laws of the country;

2. relevant agreements, conventions, legislations or resolutions;

3. relevant bilateral and multilateral agreements or arrangements with the host country, and

4. prevailing conditions/realities in the market.

DMW Exit Clearance For OFWs

The exit clearance comes in the form of an E-Receipt or an Overseas Employment Certificate (OEC) attesting/certifying to the regularity of a workers recruitment and documentation and ensures exemption from travel tax, airport terminal fee, and for clearance at the DMW Labor Assistance Counter (LAC) desk at the airport and the Bureau of Immigration (BI) counter, prior to departure.

The E-Receipt or OEC serves as the workers guarantee that he/she is covered by government protection and benefits.

Name Hiring

Individuals who have secured overseas employment opportunity with an employer without the assistance of an agency are documented as name hires upon submission of the following:

1. Employment contract which conforms to the DMW minimum standards, authenticated or verified by the Philippine Embassy/Consulate/Labor Office (in countries where authentication/verification is required) signed by the employer and worker. However, verification by POLO is only required for household workers and not necessary for professional workers

2. Valid passport

3. Work permit or employment visa or equivalent document

After the evaluation of their employment documents name-hires undergo pre-departure orientation seminar conducted by the DMW and medical examination conducted by medical clinics or hospitals accredited by the Department of Health to undertake medical examination for OFWs.

FEES SHOULDERED BY THE EMPLOYER FOR NAME HIRES

1.Worker processing fee covering evaluation and processing and issuance of the E-receipt (electronic receipt); cost of pre-departure orientation seminar for departing workers US$ 100.00 or its peso equivalent

2. Worker membership with the OWWA US$ 25.00 or its peso equivalent and PhP 900.00 Medicare

The Client Referral Assistance (CRA)

Documentation of OFWs

The DMW, through its Marketing Branch, can assist foreign employers find a licensed local agent to supply their manpower needs. Under this program, the DMW provides the foreign principal/employer a list of licensed and reputable agencies that can assist in the recruitment and hiring Filipino manpower. The agencies shall submit proposals for the employers consideration. If the employer and the local agent agree on the terms of recruitment the latter shall handle all recruitment activities, including advertisements on behalf of the employer.

The DOLE, through the Department of Migrant Workers (DMW) and the Philippine Overseas Labor Offices (POLOs), intensifies its efforts to ensure that OFWs, particularly those in vulnerable occupations, are properly documented as a form of protection.

The DMW evaluates and processes the documents of applicants for overseas employment to ensure that their contracts conform to the standards and requirements governing the employment of Filipino workers overseas; and issues the Overseas Employment Certificates (OECs) to certify that they have valid overseas employment contracts to work overseas.

To facilitate faster processing of documents, the DMW implements the following:

1. New Hires Online Services for Recruitment and Manning Agencies. These involve the submission to the DMW by licensed agencies recruiting land-based and sea-based workers of their new hires’ employment documents using the Internet, and paying the processing fees online. The online services, which promote paperless transactions, save time, track updates, and costs less, include the e-Payment System for Agency-Hired Workers, Online Recruitment Application on Special Recruitment Authority (SRA) and Letter of Authority.
2. Balik-Manggagawa (BM) Online Processing System. This is a web-based facility that enables the Balik-Manggagawa (BM) or vacationing OFW to apply online for Overseas Employment Certificate (OEC) and have the approved OEC printed by him/her anywhere, anytime. The system aims to expedite the issuance of OEC to vacationing OFWs who will return to their respective foreign employers/ principals. The opening page of the system contains an instructional video that will guide the BM in using the facility.

OFWs on vacation returning to the same employer/principal and jobsite, with employment visa/work permit, have a record in the DMW database, and previously issued OEC/E-Receipt under the same employer/principal may avail of the BM Online Processing System.

On-site, the POLOs conduct verification of overseas employment documents to ensure that the Job Orders are authentic and sufficient, and the terms and conditions of employment in the individual contracts are fair, decent, and just, in accordance with the Philippine Laws, ensuring that labor and social welfare laws in the receiving country are fairly applied to migrant workers and other overseas Filipinos.

LIST OF PHILIPPINE RECRUITMENT AGENCIES

List of Agencies Hiring Abroad by Country

• Recruitment Agencies