20August2014

Employment Contracts

VERIFICATION AND AUTHENTICATION OF EMPLOYMENT CONTRACTS

Malaysian (foreign) employers hiring skilled workers / household service workers from the Philippines are required to engage the services of a duly-licensed Philippine manpower agency which is accredited by the Philippine Overseas Employment Administration.

 

ACCREDITATION OF MALAYSIAN MANPOWER AGENCIES / EMPLOYERS

The requirements for such accreditation for submission to the Office of the Labor Attaché are as follows:

1.  Manpower Request and Updated Wage Schedule (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 (RM42.50) and authentication (RM96.25) fees total is RM138.75 per document. Except for item 3 - RM223.75. (Processing Fees will be paid for documents 1 to 9 only or a total of RM1,333.75)
  • All amounts in FIGURES should be written in words.
  • 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.

    INDIVIDUAL CONTRACT REQUIREMENTS

    For Domestic Helpers:

    1.  Duly accomplished Philippine Overseas Employment Administration (POEA) Standard Employment Contract for Household Service Workers, attested by a registered Malaysian Notary Public
    2.  Immigration approval for employment (calling visa should be attested by Wisma Putra). In case of a diplomat, an approval from Wisma Putra.
    3.  Minimum Salary :US$400.00 (per POEA Governing Board Resolution No. 5, Series of 2006)
    4.  Photocopy of workers’ passport (first page with details and photo)
    5.  Photocopy of employer’s IC/passport
    6.  Passport size photo of worker (2 pcs.)
    7.  Payment of RM138.75 per contract for Verification (RM42.50) and Authentication (RM96.25) fees. All Documents must be submitted in two (2) sets : 1 original and 1 photocopy
    8.  Processing Period: 3 days
    9.  Verified and authenticated documents should be submitted to POEA and original calling visa attested by Wisma Putra to be presented to the Malaysian Embassy in Manila.

    For Various Skills Workers:

    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.  Photocopy of workers’ passport
    4.  Photocopy of employer’s IC/passport
    5.  Passport size photo of the worker (2 pcs.)
    6.  Payment of RM138.75 per document (items 1 & 2) for Verification (RM42.50) and Authentication (RM96.25) fees. All Documents must be submitted in two (2) sets : 1 original and 1 photocopy
    7.  Processing Period: 3 days
    8.  Verified and authenticated documents should be submitted to POEA and original calling visa attested by Wisma Putra to be presented to the Malaysian Embassy in Manila.

 

DIRECT – HIRING SERVICES

(POEA GBR No. 4 Series 2007)

Pursuant to Article 18 of the Labor Code, POEA is directed to process the employment contracts of workers who are directly hired by the following employers:

Member of the diplomatic corps; and
International organizations.
All other foreign employers shall secure the approval of the Secretary of Labor and Employment before the employment contracts of the workers whom they have directly hired are processed.

Foreign employers who are registered/accredited with private recruitment agencies are not allowed to directly hire workers.