BORDERLESS TALENT SOLUTIONS
EMPLOYER FAQs (Frequently Asked Questions)
The hiring of Overseas Filipino Workers is highly regulated industry in the Philippines, if your company is seeking to source and hire talented Filipino workers, there are stringent rules and regulations that needs to be followed by all employers. The following frequently asked questions will serve as your guide to successfully and legally recruit talents from the Philippines.
What is the Philippine Overseas Employment Administration, or the POEA?
The POEA, governed by the Department of Labor and Employment, manages the recruitment and deployment of Filipino workers overseas. Services to employers and employees include:
• Pre-Employment Services - the registration or accreditation of foreign employers as principals. It approves all job orders, documents new hires and returning workers through the issuance of the E-receipt or Overseas Employment Certificate (OEC) that is issued to all legally recruited Filipino workers.
• Licensing and Regulation - regulates and inspects the operations of private employment agencies; conducts pre-employment orientation seminars, heads the government's program against illegal recruitment; and provides airport assistance to departing Filipino workers.
• Adjudication - hears and decides cases filed against licensed private employment agencies, foreign employers, and overseas Filipino workers (OFWs) violating POEA rules and regulations. The department maintains a roster of OFWs serving penalties for violation of the Code of Conduct for overseas workers and a list of suspended, cancelled, banned, or de-listed licensed employment agencies.
Can my company work directly through the POEA, or must we use an employment agency?
Only if you are a government entity or a government-owned or controlled company, may you course your hiring through the POEA's Government Placement Branch. Otherwise, you must course your job requirements through a POEA-licensed private employment agency in the Philippines.
What if I decide to recruit on my own, is this legal?
No, this is considered illegal recruitment in the Philippines. This carries heavy penalties (Labor Code of the Philippines, Recruitment and Placement of Workers, Article 38).
What constitutes illegal recruitment in the Philippines?
As per the Labor Code of the Philippines, Recruitment and Placement of Workers, Article 38:
• ANY recruitment activity including prohibited practices undertaken by non-licensees or non-holders of authority
• Economic sabotage as a result of a syndicate or organization conspiring and/or confederating in carrying out any unlawful or illegal recruitment scheme
The Secretary of Labor and Employment or authorized representatives, have the power to arrest and detain any non-licensee or non-holder of authority if after investigation it is determined that the recruitment activities constitute a danger to national security and public order, or will lead to further exploitation of job seekers.
What are the penalties for illegal recruitment?
As per the Labor Code of the Philippines, Recruitment and Placement of Workers, Article 39:
Life imprisonment and a fine of P100,000 if illegal recruitment constitutes economic sabotage Imprisonment of two to five years or a penalty fine of P10,000 to P50,000, or both, to any licensee or holder of authority found violating or causing another to violate any provision of recruitment and placement of workers, or its rules and regulations
• Imprisonment of four to eight years or a penalty fine of P20,000 to P100,000 or both, to any person who is neither a licensee nor a holder of authority found violating any provision of recruitment and placement of workers, or its rules and regulations
• If the offender is a corporation, partnership, association or entity, the penalty shall be imposed upon the officer or officers of the corporation, partnership, association or entity. If the officer is an alien, in addition to the penalties noted, be deported without further proceedings.
• Automatic revocation of the license or authority and all the permits and privileges, and the forfeiture of the cash and surety bonds in favor of the Overseas Employment Development Board
Is Prime Manpower a POEA licensed employment agency?
Yes, Prime Manpower Resources Development, Inc., an affiliate of ManpowerGroup, is licensed by the POEA with license number 148-LB-100814-R
Can I begin recruiting Filipino candidates for my company now?
Your company and actual job vacancies must have POEA accreditation prior to any recruitment activities. Your licensed employment agency may only advertise for 'manpower pooling' to check the availability of talent in the market. No candidates may be referred to you prior receiving accreditation.
How do I accredit my company and the jobs I seek to fill?
The required accreditation includes approval of company profile and workplace, recruitment agreement between your company and the employment agency, employment contract for workers, special power of attorney agreement and an employer letter to the POEA stating specific positions required. You must course these requirements through a POEA licensed private employment agency. Volume requirements seeking to work with more than one licensed employment agency must seek the approval of their local Philippine Overseas Labor Office (POLO) in their respective host countries.
What else is a POEA licensed employment agency responsible for after accreditation?
Only upon accreditation may your licensed agency advertise your actual job vacancies, create a candidate pool and conduct preliminary screening and interviews of applicants for your review. Your licensed agency will ensure that only Filipino workers who are qualified and medically-fit (trade-tested or trained and medically examined by government-accredited facilities) are deployed to your company.
How long does the accreditation process take?
If this is your first time recruiting from the Philippines, the process takes approximately 4 to 6 weeks.
What about additional job orders once my company has received accreditation?
Your future requirements will take approximately 1 to 3 weeks for approval.
What are the costs involved in the hiring of Filipino workers?
The service fee you pay is agreed upon between you and your POEA licensed agency . On top of your agency’s service fees, principals will also be required to pay the following (per deployed person): POEA processing, worker membership with the Overseas Workers Welfare Administration (OWWA), Mandatory Insurance, PhilHealth (government health insurance), Pag-Ibig (government home development mutual fund), SSS (social security service), all visa fees and airline tickets.
Can I charge the candidates these fees?
No, all charges noted must be paid for by the hiring company in accordance with POEA rules and regulations. Prime Manpower strictly adheres to the NO PLACEMENT FEE, NO PROCESSING FEE for all our candidates.
Where can I get additional information regarding the POEA or other concerns?
Prime Manpower Resources Development, Inc.
21st Floor, Strata 2000, F. Ortigas Jr. Road
Ortigas Center, Pasig City
Name: Diogenes B. Jaurigue
Telephone Number: (632) 737 – 0150
Email Address: [email protected]