I. GUIDING PRINCIPLE AND COVERAGE:
POEA Memorandum Circular No. 08, Series of 2018 on the “Implementing Guidelines on the registration of Direct-Hire Overseas Filipino Workers (OFWs)”, ALLOWS DIRECT HIRING OF HIGHLY SKILLED/PROFESSIONALS FOR THE FOLLOWING EMPLOYERS”
- Members of the Diplomatic Corps;
- International Organizations; and
- Heads of State and Government Officials with the rank of at least Deputy Minister and
- Other Employers as may be allowed by the POEA hiring Professionals and Highly Skilled Workers with working terms and conditions above the standard set by the POEA.
II. DOCUMENTARY REQUIREMENTS
UPDATE: Effective immediately, applicants for Direct Hire of Highly Skilled/Professionals shall submit the following documentary requirements to POLO before their respective application for Certificate of Eligibility at the Japanese Immigration Bureau.
- Two (2) sets of Original Employment Contract, with original signatures of both Employee and Employer; with terms and conditions over the standards set by the POEA. Scanned/Electronic signatures are not accepted.
- Salary Scheme indicating the Basic Monthly Salary; Approximate Deductions; Take Home/Net Pay and Other Benefits as may be applicable.
- List of Duties and Responsibilities of the worker ;
- List of Criteria/Qualifications required by the Employer for the position.
- Copy of the College Diploma of the Worker, Proof that he/she has work experience related to the position and Copy of Resumé.
- Company Registration (Tokibo Tohoun) with English translation. Please attach either the translator’s certificate or at least affix the name, signature and/or inkan of the translator. If hired by a Sole Proprietorship Enterprise, please submit the business permit with English translation and most recent tax declaration with English translation; with either the translator’s certificate or at least affix the name, signature and/or inkan of the translator.
- Company Brochure.
- Passport Copy of the Employer.
- Passport Copy of the Employee.
REMINDER ON EMPLOYMENT STANDARDS (TERMS AND CONDITIONS OF EMPLOYMENT). Per the POEA Memorandum Circular No. 8, Series of 2018 and pursuant to Section 134 of the 2016 Revised POEA Rules, the POEA shall secure the best possible terms and conditions of employment of OFWs.
FAVORABLE TERMS AND CONDITIONS SHALL BE OBSERVED, SPECIFICALLY ON THESE ITEMS:
- Life and insurance coverage. It is the primary responsibility of the employer that the Direct-Hire OFW is provided with compulsory insurance coverage. The repatriation insurance of an OFW and his/her remains, the transport of his/her personal effects shall be the obligation of the employer to cover actual repatriation cost and other attendant cost, including airfare and immigration fines/penalties.
- Minimum Provisions of Employment Contracts. Pursuant further to Section 135 of the same Rules, the following shall be the minimum provisions in employment contracts for all Direct-Hire OFWs:
- Complete name and address of the employer/company;
- Position and jobsite of the Overseas Filipino Worker;
- Basic monthly salary, including benefits and allowances and mode of payment. The salary shall not be lower than the prescribed minimum salary in the host country or prevailing minimum wage in the National Capital Region of the Philippines; whichever is higher;
- Food and accommodation or the monetary equivalent which shall be commensurate to the cost of living in the host country; or off-setting benefits;
- Commencement and duration of contract;
- Free transportation from and back to the point of hire, or off-setting benefits, and free inland transportation at the jobsite or off-setting benefits;
- Regular work hours and day off;
- Overtime pay for services rendered beyond the regular working hours, rest days and holidays;
- Vacation leave and sick leave for every year of service;
- Free emergency medical and dental treatment;
- Just/valid/authorized causes for termination of the contract or of the services if the workers, taking into consideration the customs, traditions, norms, mores, practices, company policies and the labor laws and social legislation of the host country;
- Settlement of disputes;
- Repatriation of worker in case of imminent danger due to war, calamity, and other analogous circumstances, at the expense of the employer; and
- In case of worker’s death/repatriation of Overseas Filipino Workers human remains and personal belongings, at the expense of the employer.
Additionally, for PROFESSIONALS and HIGHLY SKILLED DIRECT-HIRE OFWs, the Employment Offer shall be over and above the minimum provisions of the employment contract stated above, and may include provisions such as, but not limited to:
- Basic compensation package above the minimum prescribed minimum wage in the host country;
- Provision of secured conveyance to and from the work site;
- Annual vacation with full pay and free airline tickets;
- Gratuity pay;
- End of service award benefits;
- Free education for OFW children who are 18 years old or younger;
- Stock option program.
III. VERIFICATION PROCEDURE
POLO Tokyo shall observe the following Verification Procedure for Directly Hired Workers (Highly Skilled/Professional) :
STEP 1: Submit complete documentary requirements to POLO Tokyo either personally or through post mail. If through post mail, please write the details in Romaji/English alphabet.
STEP 2: POLO Tokyo Processing Officer to evaluate the documents and its contents. If found incomplete or lacking, the Processing Officer shall return the documents to the Employer/Principal for correction/compliance. If complete, proceed to the next step.
STEP 3: Interview with the Labor Attaché. If there are items for correction/revisions after the interview, POLO Tokyo shall return the documents to the Employer/Principal for correction/revision. If complete, proceed to the next step.
STEP 4: Issuance of Verified Documents. POLO Tokyo shall release the original verified documents to the Employer/Principal.
STEP 5: Employers to apply for Certificate of Eligibility at the Japanese Immigration Bureau.
STEP 6: Employers to send the original verified documents and the Certificate of Eligibility to the Philippines.
STEP 6: The worker to acquire Japanese visa on his/her passport at the Japanese Embassy.
STEP 7: The worker will submit the original verified documents and visa to POEA for final approval and issuance of POEA clearance and lastly the OEC.
- Effective immediately, applicants for Direct Hire of Highly-Skilled/Professional Filipino workers shall apply for POLO Tokyo evaluation and verification before applying for the Certificate of Eligibility at the Japanese Immigration Bureau.
- Direct Hiring of Professional/Highly Skilled workers is allowed for maximum of five (5) workers per principal/employer.
- All documents found to be incomplete shall be returned to the Employer/Principal for compliance. Upon resubmission of corrected/revised document, it will be considered as a new application and shall line up again.
- POLO Tokyo does not recognize third-party entities when inquiring, submitting and follow-up of necessary documents.
- When submitting through post mail, please write the details of the sender in Romaji/English alphabet.
- All documents in Japanese language shall be translated to English. All translation shall either have a certificate of translation or at least affix the name, signature and/or inkan by the person who translated the material.
- POLO’s interview will be conducted in English. The interviewee may bring a translator/interpreter provided he/she is not an employee of the prospective Philippine Recruitment Agency partner to avoid conflict of interest. Likewise, brokers and immigration lawyers are not allowed to transact in behalf of the employer/principal, whether for inquiries, follow-up and/or interpretation.