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GUIDELINES ON THE DIRECT HIRING OF FILIPINO PROFESSIONALS AND SKILLED WORKERS

Category: Consular Services

GUIDELINES ON THE DIRECT HIRING OF FILIPINO PROFESSIONALS AND SKILLED WORKERS

Direct hiring of overseas Filipino workers (OFWs) is governed by Article 18 of the Labor Code of the Philippines, Republic Act No. 10022, Department of Labor and Employment (DOLE) Administrative Order No. 196, Series of 2018, and the Revised Philippine Overseas Employment Administration (POEA) Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino Workers of 2016.

BAN ON DIRECT HIRING OF FILIPINO WORKERS

The above-mentioned laws and regulations prohibit the direct-hiring of an overseas Filipino worker (OFW). Any employer intending to hire an OFW is, therefore, required to recruit through POEA-accredited/licensed employment/recruitment agencies.

POEA Memorandum Circular No. 8, Series of 2018 enumerates certain categories of employers who are exempted from the ban on direct hiring; and provides guidelines on the registration of direct hires with POEA.

EMPLOYERS EXEMPTED FROM THE BAN ON DIRECT HIRING OF PROFESSIONALS AND SKILLED WORKERS

The following employers are exempted from the ban on direct hiring of professionals and skilled workers:

  1. Members of the diplomatic corps;
  2. International organizations;
  3. Heads of state and government officials with the rank of at least deputy minister; or
  4. Other employers as may be allowed by the POEA, such as:

a. Those provided in 1, 2 and 3 above who bear a lesser rank, if endorsed by the Philippine Overseas Labor Office (POLO);

b. Employers of professionals and skilled workers with duly executed verified/authenticated contracts containing terms and conditions over and above the standards set by the POEA. The number of professionals and skilled workers hired for the first time by the employer shall not exceed five (5). For the purpose of determining the number, workers hired as a group shall be counted as one; or

c. Those permanent residents of the host country who are hiring relatives/family members.

Please refer to the updated DMW-POEA FAQs on Direct Hiring at https://www.dmw.gov.ph/faqs, or you may download the file here.

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