02July2016

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

1.  Manpower Request and Updated Wage Schedule (Job Order- J.O.). The wages should logically be higher that the latest Domestic Helper level;
2.  Special Power of Attorney (SPA) in proper form;
3.  Recruitment/Service/Manning Agreement signed on every page;
4.  Master Employment Contract which should be transformed into INDIVIDUAL CONTRACTS for certain skills and levels;
5.  Joint Affidavit of Undertaking (JAU);
6.  Immigration/Labour Approval (with English Translation) NO EXEMPTION;
7.  Business License (with English Translation);
8.  Company Forms 24 and 49, certified by company secretary;
9.  Affidavit of Philippine Agent;
10. Copy of POEA license of Philippine Agent which is NOT expiring without 60 days from submission. If expiring, there must be a certification POEA that an application for renewal has been submitted;
11. Letter from Company re-authorized signatory and authority to submit and collect;
12. Copy of passport/IC of authorized signatory;
13. Agency mechanism for worker's welfare protection (non-transferability, etc.);
14. Company profile with office & agency/staff house pictures (of both agency and principal);
15. Inspection Report to be accomplished by Labor Attaché;
16. Other relevant documents relevant to a particular submission.

Important Reminders:

  • Item nos. 1-5 and Item no. 9 must be notarized by any registered/licensed Notary Public.
  • For items 6-7, English translation should only be from the High Court or Session Court interpreter with attestation from the Wisma Putra.
  • All documents should be submitted in duplicate copy (1 original and 1 photocopy). The photocopy must be Certified True Copy.
  • All employment contracts should bear the agency/company chop or seal.
  • All duplicate copies of all documents including Form 24 and 49 must be Original Certified True Copy by company secretary and/or the duly constituted authority.
  • POEA notice of cancellation of previous accreditation and deployment report (previously accredited with Philippine agent).
  • No erasures/alterations in all documents.
  • Verifications fee per document (RM42.50) and authentication fee per document (RM106.25). 
  • All contracts or agreements should be signed on every page by all partner concerned.
  • Duly authorized representatives of both the Philippine agency and Malaysian agencies/principal employers must be available to make clarification on entries in documents.
  • No follow-up by phones shall be entertained. NO BROKERS ARE ALLOWED TO INTERFERE.
  • Documents, as a rule are ready for pick-up/collection after 3 working days from submission/inspection.
  • Only duly authorized representative can pick up documents.

 

III. REQUIREMENTS/CONDITIONS FOR DUAL/MULTIPLE ACCREDITATIONS

A. For Direct Employer.  A direct employer (not FPA) may be accredited to 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 accreditation 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 maximum of two (2) Philippine Recruitment Agencies (PRA) upon compliance with the following:

1. No diminution of 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

A.VARIOUS SKILLS

1. Duly accomplished Philippine Overseas Employment Administration (POEA) Standard Employment Contract for Various Skills Workers 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);

4. Company Forms 24 & 49 certified by company secretary;

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

6. Affidavit of Undertaking;

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 (2 pcs.)

 

PROCESSING OF PROFESSIONAL/SKILLED/SEMI/LOW SKILLED WORKERS AS NAME HIRES

The ban on direct hiring pursuant to Article 18 of the Labor Code, as amended, shall be implemented.  However, employers who wish to employ limited numbers of professionals, skilled/semi-skilled and low skilled workers without the participation or assistance by a local licensed agency may request the POEA to process their employment as name hires subject to the following limitations:

 

A.Employment contracts shall be individually verified by the POLO;

 

B.Maximum of ten (10) name hires shall be allowed for every employer;

 

C.Employers shall secure the prescribed insurance for the worker.

 

B. HOUSEHOLD SERVICE WORKERS (RENEWAL)

1. Previously verified employment contract;

2. Duly accomplished employment contract (renewal) and 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; and

7. Passport size photo of the worker (2 pcs.)

  •  Processing of contract verification for new/change employer must be coursed through an accredited Malaysian agency.

 

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, Serioes 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.