Guiding Principle and Coverage

POEA Implementing Guidelines

 

POEA Memorandum Circular No. 08, Series of 2018 on the “Implementing Guidelines on the registration of Direct-Hire Overseas Filipino Workers (OFWs)” ONLY ALLOWS DIRECT HIRING OF HIGHLY SKILLED PROFESSIONALS FOR THE:

  1. Members of the Diplomatic Corps;
  2. International Organizations;
  3. Heads of State and Government Officials with the rank of at least Deputy Minister;
  4. Other Employers as may be allowed by the POEA hiring Highly Skilled Professionals with working terms and conditions above the standard set by the POEA and upon endorsement of POLO
Reminder on the Employment Terms

 

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.

A. FAVORABLE TERMS AND CONDITIONS SHALL BE OBSERVED:

  1. 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.
  2. 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 wage 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.

B. ADDITIONALLY, for Professional/Highly Skilled Direct-Hire OFWs, the Employment Offer shall be over and above the minimum provisions of the employment contract stated above, and must 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;
    • Bonuses;
    • 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.

 

HOW TO APPLY?

STEP 1 - COMPANY SELF-ASSESSMENT

Japanese Company/Employer to ensure that the following minimum criteria are present:

  • The Job Category/Position is strictly Highly Skilled Professional (Managerial, Supervisory, Technical Level e.g. Engineer, Professor, etc.)
  • The compensation package/benefits should be over and above the minimum required by POEA (e.g. High salary and with other benefits, allowances etc.)
  • The person to be hired must be at least college graduate and has adequate expertise/knowledge and work experience related to the job (with good credentials)
STEP 2 - SUBMIT

Submit complete documentary requirements to POLO Tokyo either personally (make an  appointment thru our Online Queuing System: https://polotokyo.dole.gov.ph/appointment-system/ ) or through post mail. (5-15-5 Roppongi, Minato-ku, Tokyo 106-8537 Philippine Embassy, Philippine Overseas Labor Office). Company details in the letterpack should be written in romaji/English. Attach a return letter pack (JP), or filled-up chakubarai (sagawa).

STEP 3 - EVALUATION

POLO Tokyo Processing Officer to evaluate the application and its contents. Evaluation Period: five (5) to seven (07) working days. INCOMPLETE application will be returned. Applications deemed unqualified by POLO shall be required to do the regular process (via PRA/Agency). Companies/employers can only follow-up if no notice/feed-back was received after 7 working days.

STEP 4 - INTERVIEW AND/OR SITE VISIT

If everything is found to be in order/complete after the evaluation, POLO Tokyo will conduct interview and/or site visit. (Interview details/conditions will only be discussed when company has successfully passed the evaluation stage).  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 5 - APPLY FOR CERTIFICATE OF ELIGIBILITY (COE)

If everything goes smoothly after the interview, Japanese EMPLOYER/COMPANY can now apply for Certificate of Eligibility (COE) at the Japanese Immigration Bureau.

STEP 6 - ENDORSEMENT/VERIFICATION OF DOCUMENTS

POLO Tokyo to release/send original verified documents with endorsement letter to the Employer upon receipt of the copy of the COE.

STEP 7 - SEND TO WORKER

Employer to send the original verified documents and the Certificate of Eligibility (COE) to the worker in the Philippines.

STEP 8 - APPLY FOR VISA

The worker to acquire entry visa at the Japanese Embassy in the Philippines.

STEP 9 - POEA APPROVAL

The worker will submit the original verified documents and copy of visa to POEA for final approval and issuance of POEA clearance and lastly the exit pass-Overseas Employment Certificate (OEC)

REQUIREMENTS

A. Basic Criteria

 

  • The Job Category/Position is strictly Highly skilled/Professional (Managerial, Supervisory, Technical Level e.g. Engineer, Professor, etc.)
  • The compensation package/benefits should be over and above the minimum required by POEA (e.g. High salary and with other benefits, allowances etc.)
  • The person to be hired must be at least college graduate and has adequate expertise/knowledge and work experience related to the job (with good credentials)
  • Big companies/corporations that are likely to hire more Filipino workers and Dispatch Companies are strictly advised to hire thru the regular way with a Philippine Recruitment Agency.
  • IMPORTANT: 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.
B. Documentary Requirements
EMPLOYMENT DETAILS:
1 Application Form (ORIGINAL) – Use POLO-SKILLED-Application Form 01
2 Notarized Employment Contract (ORIGINAL)

  • With ORIGINAL signatures of the Company and Worker
  • Must be Notarized in Japan
  • Contain all POEA mandatory provisions If the company has a standard contract, make sure to incorporate all POEA mandatory provisions (use POLO-SKILLED-DirectHire-Form 01-2019v1)
  • In case the Company President/CEO is not the signatory of the contract, the name of the authorized signatory should be listed in the Tokibo Tohon and with authorization letter/SPA notarized in Japan from the Company President/CEO.
3 Salary Breakdown (ORIGINAL) – Indicating the Basic Monthly Salary; Approximate Deductions; Take Home/Net Pay and Other Benefits as may be applicable (use POLO-SKILLED-Form01-2019v1)
4 List of Duties & Responsibilities of the worker AND List of Criteria/Qualifications Required for the position (ORIGINAL) – Use/download the POLO-SKILLED-Form 02-2019v1

  • DUTIES – Actual work assignment/duties of the worker, should be specific/detailed
  • CRITERIA/QUALIFICATIONS – Such as academic requirement, skills/expertise needed, work experience, etc.
EMPLOYEE DETAILS
5 Passport Copy of the Employee – Must be colored copy
6 Copy of the detailed CV/resume of the Employee – Must be signed by the employee
7 Copy of College Diploma – Must be colored copy
8 Copy of employment certificates issued to the employee from his/her previous employers – Must be colored copy
COMPANY DETAILS
9 Company Profile (ORIGINAL) with brochure/pamphlet/flyer – Use the POLO-SKILLED-Form 03-2019v1 (if details in the guide are already included in the company brochure then there’s no need to make company profile)
10 Company Registration (Tokibo Tohoun)

  • Original must be submitted (Japanese) taken within the last 3 months
  • Provide English translation bearing name, signature and/or inkan of the translator 
11 Passport Copy (or any valid government-issued ID) of the Employer

  • If the contract is not signed by the Company President, provide passport copy of both the Company President and the Person who signed the contract
  • Must be colored copy
  • Copy of residence card is required for non-Japanese company representative

 

Important Reminders:

  1. POLO DOES NOT COLLECT FEES FOR THE VERIFICATION PROCESS.
  2. POLO Tokyo does not recognize third-party entities (brokers, immigration lawyers, or anyone not directly connected with the company) when inquiring, submitting and follow-up of necessary documents.
  3. Use A4 size paper only. Do not staple the documents, you may only use paper clip
  4. The documents should be arranged/organized in accordance with the checklist
  5. ALL details must be ENCODED/TYPE-WRITTEN
  6. 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 of the person who translated the material.

 

 

POLO FOCAL PERSON/PROCESSING OFFICERS (click here)

 

 

 

 

 

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