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.
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.