POEA News Release
10 October 2012

POEA to cancel license of recruitment firms violating rules on household service workers

The Philippine Overseas Employment Administration yesterday reiterated that recruitment agencies found violating government rules on the recruitment and deployment of Filipino household service workers (HSWs) face penalties such as suspension and cancelation of license depending on the gravity and frequency of the offenses.

Administrator Hans Leo J. Cacdac said DOLE Secretary Rosalinda Dimapilis-Baldoz has instructed him to make recruiters observe the HSW reform package as provided by the various POEA Governing Board resolutions issued in 2006.

Cacdac said the reforms are the following: 1) Minimum deployable age increased from 18 to 23; 2) Minimum entry salary increased from US$ 200 to US$ 400 per month; 3). Prohibition on collection of placement fee from the HSW, whether done prior to their departure or on-site through salary selection; 4). Higher competency standards for prequalification of workers — HSW NC2 TESDA Certificate of Competency and attendance to the Language and Culture Orientation provided for free by OWWA; 5) Higher standard of prequalification for Foreign Placement Agency and its foreign employer; and 6) Prohibition on HSWs/DHs markets as compliance with new market requirements for issuance of new license.

Cacdac said deployment of underage workers and collection of placement fee from an HSW are serious offenses that carry the penalty of cancellation of license.

Some of the less serious offenses committed by recruiters include the following: 1) contract substitution or altering, to the prejudice of the worker, contracts approved and verified by the POEA; 2)falsifying or altering travel documents such as visa, passport or birth certificate of the worker; 3) deploying workers whose employment and travel documents were not processed by the POEA; 4) deploying workers to employers or principals not accredited by the POEA; 5) failing to provide PDOS to the worker; and 6) withholding of salaries or remittances without justifiable reasons.

Under the POEA rules, the penalties for less serious offenses are the following: a) 2 to 6 months suspension for the first offense; b) 6 months to 1 year suspension for the second offense; and c) cancellation of license for the third offense. The administrator said erring foreign employers also face sanctions under POEA rules.

Offenses by foreign employers such as: a)default on its contractual obligations to the migrant worker and/or to its Philippine agent; b) gross violation of laws, rules and regulations on overseas employment; c) gross negligence leading to serious injury or illness or death of the worker; d). grave misconduct; e) conviction of an offense involving moral turpitude; and f) any other cases analogous to the foregoing have the penalty of suspension of its accreditation for the first offense, and disqualification from participation in the overseas employment program of the Philippines for the second offense.

Cacdac, citing the increasing number of Filipino HSWs who have filed cases against their recruiters and employers, had reminded recruitment agencies that they shall be held accountable for recruitment violations, incidents of abuse, exploitation, or breach of contract committed by household employers against our domestic workers. ###