14November2018

Verification of Employment Documents

I. VERIFICATION OF EMPLOYMENT DOCUMENTS 

Verification, as one of the primary functions of the Philippine Overseas Labor Office (POLO), refers to the procedure being conducted or applied by the Labor Attaché to ensure that all the employment rights, benefits, and welfare of the Filipino migrant workers at the worksite are duly protected.  The Labor Attaché shall also ensure that the employment contracts of the Filipino migrant workers are consistent with the prevailing employment laws, standards, and practices in both the Philippines and the host country and that the documentary requirements for overseas employment as required by the Philippine Overseas Employment Administration (POEA) are complied with.

 

II. REQUIREMENTS FOR ACCREDITATION OF MALAYSIAN MANPOWER AGENCIES / EMPLOYERS: 

1Manpower Request and Updated Wage Schedule (Job Order - J.O.);

2. Special Power of Attorney (SPA) in proper form;

3. Recruitment/Service/Manning Agreement signed on every page by the parties;

4. Master Employment Contract which should be transformed into INDIVIDUAL CONTRACTS for certain skills and levels;

5. Joint Affidavit of Undertaking (JAU);

6. Immigration/MSC approval (for Direct Employer);

7. JTK License (for employment agency);

8. Business License (Borang 9), translated into English;

9. Company Forms 24 and 49 (Borang 24 and 49), certified true copy by the company secretary;

10. Affidavit of Philippine/Malaysian agent;

11. Copy of POEA license of Philippine Agent which is NOT expiring within 60 days from submission. If expiring, there must be a certification POEA that an application for renewal has been submitted;

12. Letter from Company re-authorized signatory and authority to submit and collect;

13. Copy of passport/IC of the authorized signatory;

14. Agency mechanism for worker’s welfare protection (non-transferability, etc.) for DW;

15. Company profile with office & agency/staff house pictures (agency and principal);

16. Inspection report (to be accomplished by Labor Attache); and

17. Other pertinent documents relevant to a particular submission.

 

Important Reminders:

  • Item nos. 1-5 and Item no. 10 must be notarized by any Malaysian Notary Public;
  • For item 6, English translation should only be from the High Court, Session Court or Malaysian Notary Public;
  • All documents should be submitted in original copy (no need for a duplicate copy).  Photocopies must be Certified True Copy;
  • All employment contracts should bear the agency/company chop or seal;
  • Photocopied Forms 24 and 49 must be Original Certified True Copy by the company secretary and/or the duly constituted authority;
  • POEA notice of cancellation of previous accreditation and deployment report (previously accredited with a Philippine agent);
  • No erasures/alterations in all documents;
  • Verifications fee per document (RM48.00) and authentication fee per document (RM120.00);
  • All contracts or agreements should be signed on every page by the parties concerned;
  • Duly authorized representatives of both the Philippine agency and Malaysian agencies/principal employers must be available for clarification;
  • NO BROKERS ARE ALLOWED TO INTERFERE; and
  • Only duly authorized representative can pick up/collect documents.
     

III. REQUIREMENTS/CONDITIONS FOR DUAL/MULTIPLE ACCREDITATIONS 

A. For Direct Employer.  A direct employer (not FPA) may be accredited to a maximum of three (3) Philippine Recruitment Agencies (PRA) upon compliance with the following:

1. All requirements for Accreditation/Verification;

2. Undertaking by the employer that it will comply with its obligations to the other agency/ies as agreed upon between them and evidenced in their respective recruitment/service agreements;

3. No diminution in the compensation package for projects in the same jobsite;

4. New job order for at least 50 workers (POLO shall verify utilization of J.O.'s previously approved and credited with the other PRA / If said J.O.'s are determined to be dormant or not moving, request for dual/multiple accreditations shall not be acted upon);

5. List of deployed workers under J.O.'s previously approved with the other PRA/s.  

B. For Foreign Placement agency (FPA).  An FPA may be accredited to a maximum of two (2) Philippine Recruitment Agencies (PRA) upon compliance with the following:

1. No diminution of the compensatory package;

2. New job order for at least 50 workers;

3. Minimum deployment of 50 workers for the first agency within a period of one year immediately preceding the request for dual accreditation. 

 

IV. REQUIREMENTS FOR CONTRACT VERIFICATION 

ADIRECT HIRE PROFESSIONAL/SKILLED WORKER per POEA MC 08-2018:

1Duly accomplished Philippine Overseas Employment Administration (POEA) Standard Employment Contract for Various Skilled Worker (download form)/Employment Contract attested by any registered Malaysian Notary Public;

2. Immigration approval for Employment (Calling Visa/DP10/MSC approval) - (with English translation only from the High Court/Session Court Interpreter);

3. Business License (with English translation only from the High Court/Session Court Interpreter, Malaysian Notary Public);

4. Company Forms 24 & 49, certified true copy by the company secretary;

5. Letter/Certification from the company on the number of hired/employed Filipinos;

6. Affidavit of Undertaking (download form);

7. Photocopy of workers’ passport;

8. Photocopy of employer’s IC;

9. Company Profile with office and agency/staff house pictures (agency and principal);

10. Passport size photo of the worker; and

11. Proof of worker’s insurance coverage (CLICK link to see minimum coverage).

 

BDOMESTIC WORKERS (2ND & subsequent RENEWAL):

1. Previously verified employment contract;

2. Duly accomplished POEA Standard employment contract for Domestic Worker (download form), must be notarized by any Malaysian Notary Public;

3. Photocopy of worker’s valid passport;

4. Photocopy of worker’s valid working visa;

5. Photocopy of employer’s IC;

6. Insurance for the worker;

7. Passport size photo of the worker; and

8Notarized Affidavit of Undertaking (for domestic worker registered on site & renewal without agency) – (download form)  

  • Processing of contract verification for new/change employer and whose period of employment with the present employer is less than five (5) years, must be coursed through an accredited Malaysian agency.  
  • Both the direct employer and DW must appear at the Embassy during the renewal of employment contract if processing thru accredited Malaysian agency is not required anymore.

   

BAN ON DIRECT HIRING OF HOUSEHOLD SERVICE WORKERS (HSWs)

 

As a general rule, the ban on direct hiring of household service workers (HSWs) shall be strictly implemented in all Posts with exception of the following categories of employers in accordance with the provisions of the Labor Code of the Philippines, as amended, POEA Memorandum Circular No. 44, Series of 1996, and DOLE Memorandum dated 03 December 2008:

 

A. Members of the Diplomatic Corps;

B. Members of International Organizations;

C. Immediate members of the family of the Heads of State/Government;

D. Ministers, Deputy Ministers and other Senior Officials of the host country;

E. Employers residing in countries where foreign placement agencies do not operate;

F. Other employers as may be allowed by the Secretary of Labor and Employment.