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POEA : Guidelines on the Deployment of Filipino Household Service Workers (HSW) - A new rule! (Updated Feb 2007)

Guidelines on the Deployment of Filipino Household Service Workers (HSW)
www.poea.gov.ph

Effective December 16, 2006, the following requirements shall be observed in the deployment of Filipino household service workers:

A. Household Service Workers

1. 25 years old and above
2. National Certificate for Household Service Workers (HSW-NCII) issued by the Technical Education and Skills Development Authority (TESDA)
3. Country specific Language and Culture Certificate of Competence or certificate of attendance issued by the Overseas Workers Welfare Administration (OWWA)
4. PDOS Certificate
5. Minimum salary of US$400
6. No placement fee shall be collected from the HSW either prior to deployment or on-site through salary deduction

B. Foreign Placement Agencies

1. Completion of an orientation on Philippine culture and policies and their responsibilities as FPAs, or its equivalent, upon availability of the materials;
2. Adequate holding and coordinating facility for household service worker operated exclusively or in cooperation with other foreign principals or their associations;
3. Verified written undertaking by the FPAs (in English and local language)
a. That the household service worker helper shall be treated humanely while in their custody;
b. That the household service worker shall be allowed to freely communicate with her family and with the Philippine Embassy/Consulate
c. That, upon request, the principal shall render a report to the Philippine Embassy/Consulate on the whereabouts and condition of the household service worker
d. That the household service worker shall have custody of her/his passport/travel document at all times
e. That the Philippine Embassy/Consulate shall be allowed visitation of its holding and coordinating facility and the Filipino household service worker in its custody;
f. That the FPA shall not make any arrangement for extension or transfer of employment of a household service worker except upon prior verification and approval of the POLO/Philippine Embassy/ Consulate;
g. That it shall act on problems of and extend necessary assistance to the household service worker it deployed and cooperate with the Philippine Embassy/Consulate in addressing the problem;
h. That, when required, the FPA shall present to the Philippines Embassy/Consulate the household service worker in its custody;
i. That it shall monitor and promote the well-being of the household service worker deployed by them and notify the Philippine Overseas Labor Office (POLO)/ Philippine Embassy / Consulate of any development about their condition and employment, including their repatriation, when applicable;
j. That it assumes full and complete responsibility for all the acts of its employees and those it authorized to act on its behalf, in dealing with and in handling Filipino household service workers; and

k. That it shall assist the household service worker in availing of benefits provided under the laws and regulations of the host government.

B. Verification of Individual Employment Contracts of Filipino Household Service Workers by the Philippine Overseas Labor Office (POLO)

1. Personal appearance of the direct employer for an interview and pre-employment orientation to ensure comprehension of their contractual obligations and its attendant undertakings and their willingness and capacity to comply thereto
2. Duly signed and notarized employment contract
3. Duly accomplished information sheet of the employer containing the following vital information:
a. Name and picture of employer and spouse and other persons staying at the household of the employer and their ages [including the children, relatives and other household helpers, (if any)]
b. Location and complete address of residence of the employer where the household worker will be assigned to work
c. Telephone number/s and other contact numbers
d. Size of residence, expressed in square meters of floor area
e. Family income (with supporting documents, if necessary)
f. Job description of the household service worker

4. Valid Identification Card
5. Police Clearance or equivalent document from the authorities in the area where the employer resides
6. Written Undertaking of the Employer (in English and local language) declaring the following;
a. That the employer shall, upon arrival of the HSW at the worksite, make the HSW contact the Philippine Embassy by phone confirming her arrival
b. That the household service worker shall have custody of her/his passport/travel document at all times
c. That the HSW shall be treated humanely by the employer and by the other persons staying at the house
d. That the employer shall provide the household service worker with a separate sleeping room
e. That the HSW shall be given a daily rest of at least eight continuous hours
f. That the HSW shall be made to work only in the residence of the employer as indicated in 3(b) hereof
g. That upon request, the Philippine Embassy shall be allowed to communicate with the HSW by phone
h. That the HSW shall be allowed to freely communicate with her family in the Philippines or with the Philippine Embassy
i. That the employer shall present the person of the HSW to the Philippine Embassy when so required
j. That the employer shall not make the HSW extend her contract or transfer to another employer without the verification and approval of the Philippine Embassy
k. The employer shall appear in person before the Philippine Embassy, when so required
l. That the employer shall notify the POLO concerned of any significant developments about the condition and employment of the HSW including her repatriation

m. That the employer shall explain to the members of his household the foregoing undertaking and ensure that the undertaking are observed by them
n. That the employer shall assist the HSW in availing of benefits provided under the laws and regulations of the host country.

D. Approval of Additional Manpower Requests / Job Orders for Household Service Workers and For Low/Semi-Skilled Female Workers Hired Through Foreign Placement Agencies
In addition to the verification of initial manpower requests/job orders of all OFWs including HSW and low/semi-skilled female workers, all requests for approval of subsequent/additional manpower requests / job orders for HSW and low/semi-skilled female workers through their registered foreign placement agency shall require the submission of the manpower request / job order duly verified by the Philippine Overseas Labor Office (POLO). All other existing requirements for approval of requests for additional job orders shall apply.
E. Issuance of POEA Exit Clearance of Household Service Workers Hired Through Foreign Placement Agencies or Deployed Directly to Employers and Low/Semi-Skilled Female Workers Hired Through Foreign Placement Agencies or Name Hired
Individual employment contracts of the HSWs, regardless of whether they are to be deployed through a placement agency in the country of destination or direct to an employer, as well as the individual employment contracts of low/semi-skilled female workers hired through foreign placement agencies or name hired should first be duly verified by the concerned Philippine Overseas Labor Office (POLO) before they are submitted to POEA for processing and issuance of the Overseas Employment Certificate (OEC). All other existing requirements for their documentation and processing shall apply.

F. Transition Period to Implement the Governing Board Resolution Affecting Household Service Workers (HSWs)

1. Individual employment contracts of Household Service Workers (HSWs), including caregivers/caretakers in a household setting, whose work permit/ entry visa were issued by the host government prior to December 15, 2006 shall be processed in accordance with the rules and regulations existing prior thereto, except that during the processing of their contract, these workers will, nonetheless, be required to submit proof of possession of OWWA Certificate of Competence or Attendance to the OWWA provided country-specific language and culture orientation.

2. Requests for processing of Low/Semi-Skilled Female Workers whose work permit/ entry visa were issued before December 15, 2006 shall be processed in accordance with the rules and regulations existing prior thereto.

3. Household service workers (HSWs), including caregivers/caretakers in a household setting, and returning to the same employer:

a) under the same contract that was processed by POEA before February 1, 2007 shall be processed in accordance with the rules and regulations existing prior thereto;

b) under a new contract executed at the worksite and with re-entry visas issued before February 1, 2007 shall be processed in accordance with the rules and regulations existing prior thereto;
c) under a new contract executed at the worksite and with re-entry visas issued after February 1, 2007 shall be processed in accordance with the new rules.

4. Verification by the concerned POLO shall be a requirement for the registration of additional/subsequent request for job order involving Low/Semi-Skilled Female Workers submitted to POEA on December 15, 2006; and

5. Applications for new licenses indicating Household Service Workers as their new market, as stated in the Job Orders or Manpower Requests shall be accepted provided that the Job Orders or Manpower Requests, Special Power of Attorney or Recruitment Agreements, were verified and authenticated by the concerned POLO and Embassy/Consulate prior to December 15, 2006.

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