MEMORANDUM CIRCULAR NO. 13
Series of 2006
TO : ALL CONCERNED
SUBJECT : GUIDELINES ON THE RECRUITMENT AND DEPLOYMENT OF FILIPINO WORKERS TO SPAIN
Pursuant to the Memorandum of Understanding on Cooperation for the Management of Migration Flows Between the Philippines and Spain, the following guidelines governing the recruitment and deployment of Filipino workers to Spain are hereby issued:
I. General Policy:
1. Only pre-qualified recruitment agencies accredited by POEA shall be allowed to recruit for and deploy Filipino workers to Spain;
2. Name hiring of workers under this program shall not be applied.
3. There shall be no collection of placement fee prior to issuance of visa.
II. Pre-Qualification of Philippine Recruitment Agencies
Philippine recruitment agencies interested to participate in the employment program for Spain must submit to the POEA its application for pre-qualification and show proof of compliance with the following requirements:
1. The agency’s license status must be in good standing;
2. Must be at least three (3) years experience in deploying medical and health workers;
3. Must have deployed a minimum of 100 medical and health workers within the last three years; and
4. Must have no adverse or pending administrative case for recruitment violation involving a grace offense.
POEA shall evaluate the submission within eight (8) working hours from receipt and shall issue a list of pre-qualified recruitment agencies by posting them in the POEA Website. The list will be updated and POEA shall, at any time, cancel the pre-qualification of an agency found not complying with the above requirements.
III. Registration of Principals
Spanish companies/employers intending to participate in the recruitment and hiring of Filipino medical and health worker should be registered with POEA in accordance with the following procedures:
A. Submission and Posting of Job Offers by POEA
1. Submission of Job offers and Work Authorization previously evaluated and approved by the Director General of Immigration of Spain (DGI) to the Philippine Overseas Labor Office (POO) which shall transmit them to the POEA.
2. POEA shall post in its Website the DGI approved Job Offer and Work authorization as reference for pre-qualified recruitment agencies.
B. Verification by the POLO
1. The employer, together with the pre-qualified recruitment agency selected from the POEA website, shall submit the following documents to the POLO for verification:
i. Special Power of Attorney in favour of the accredited recruitment agency;
ii. DGI approved Job Offer and Work Authorization;
iii. Master Employment Contract;
iv. Valid Business license of the employer with English translation.
2. The pre-qualified recruitment agency shall submit to POEA the above-verified documents for the registration of the employer.
Request for additional manpower shall be approved by POEA upon submission of a new manpower requested approved by the Director General of Immigration of Spain and verified by the POLO. The registration of principals shall be renewed, provided that all documents submitted during the initial registration are confirmed to be still valid and existing and the principal affirms its intention to renew its registration with the agency.
IV. Selection of Workers
1. The process of selection of workers shall be in accordance with the qualifications prescribed by the employers which shall included among others possession of the Spanish language proficiency certificate issued by the Instituto de Cervantes. It shall be conducted through a procedure mutually agreed upon by the Spanish companies and their Philippine recruitment agency, giving prior notice to POEA and DGI who shall have the option to send their respective representatives to the selection.
2. The POLO and the Spanish company shall forward the list of selected workers to the DGI using the prescribed forms.
V. Application and Issuance of Work Visa/Residence Resolution
1. Documentation through Regular Processing
The Philippine recruitment agency shall submit the following to the POEA for the processing of employment contracts of selected workers:
i. Request for Processing Form (RFP);
ii. Individual employment contracts duly verified by the POLO;
iii. Duly accomplished Worker’s Information Sheet; and
iv. Valid Spanish language proficiency certificate issued by the Instituto de Cervantes
2. Documentation through Electronic Submission
Prior to payment of the required fees and issuance of the POEA exist clearance, the Philippine recruitment agency shall present the following to the POEA for evaluation:
i. The verified individual employment contract; and
ii. Valid Spanish language proficiency certificate issued by the Instituto de Cervantes
VI. Effectivity
This Memorandum Circular shall be effective 15 days from publication in a newspaper of general circulation.
For strict compliance.
(Originally Signed)
ROSALINDA DIMAPILIS-BALDOZ
Administrator
24 November 2006
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1 comment:
My Dear Fellow-Employment Provider:
I do not know if you already have a copy of the new MC13/Series of 2006 signed last November 26, 2007 by our POEA Administrator, Atty. Rosalinda Dimapilis-Baldoz. On the out-set, it really looks good, one of the better features stating that "Name-hiring of workers under this program shall not be applied" (Item I.2 [General Policy]).
Generally speaking, or reading the new guideline, it is fine by me being a multi-diversed agency handling several other market labor sectors. But what about those who were told (in a silent - suggestive manner) to put up facilities for household workers? The OPAs? What do we do with them? I for one invested to both, seeing my investments fly through the window of utter darkness. Yet, when I mentioned this to a friend (official) of POEA, I was even asked, "Did we ever issue an MC related to that?" But for crying out loud, they told us to professionalize our business - and who would know better in what our clients want than us?
How sad it is that they (the government) look upon us not as partners as they always claim in public, but the usual "blood-suckers" and "con-artists" who deliberately fool our workers in getting gainful employment overseas. As we have kept on telling them that we are already practicing "FULL-DISCLOSURE POLICY" (not the one dictated by POEA - in POEA terms, full-disclosure is stated as "you may disclose anything as long as it is within the rules of POEA") since time immemorial! Has POEA adopted the "FORD-Management-Rule?" That is, "You can have all the color you want, as long as it is BLACK!" (during the time they were promoting the Model-T Ford cars during the late 1900s).
How sadder it is still, hoping that they will have a much brighter program that would help the dying industry-sectors (if they have died yet!) for indeed, there seems to be no consultations whatsoever as to how these dying sectors can either be resuscitated or resurrected. There are many players in them who have really resorted to the call of professionalism and policing of ranks (the latter being the most difficult of all - not having any teeth and all), and yet, "when the SHIT hits the fan", everyone in the industry (including POEA - being part of it, representing the government sector) has been silent about it. "Bless the beast and the children," as sung by the Carpenters - then again, who's the beast, and who are the children?
The saddest among all is the call of some industry leadership that this new guidelines on "SUPER-MAIDS" will be met with a TRO (in the hope that they could get an injunction) costing to no less than PhP500,000 (or roughly equivalent to US$10,000) or more (not including the many miscellaneous and undeclared expenses that entails it. Why? One leader just told me that she was able to get a verbal nod from the hierarchy of DOLE to give the industry an extra three (3) months, under one (1) conditions: absolutely "no placement fee". Wouldn't that be enough period to adjust?
Anyway, the issue here is about SPAIN and sure enough, while DEREGULATION is the root of GLOBALIZATION, we seem to be going the other way around (the country that is) by making more rules - to be broken in the end, in the spirit of "accommodation". Something that has been completely denied by both parties, government and private-sector alike. And the private-sector, oh! Now that's something to talk about. How can we be so vain? We pretend to be innocent, yet we allow these unusual things to happen, and yet we talk behind the scenes, to the destruction of our peers (many of whom are doing the right thing)? Have we reached the "survival of the fittest" stage? Have we become cowards in our own ranks that we simply cower under the mantel of who speaks most?
The government knows and have witnessed our weakness. They don't even have to do anything, or lift a finger, to destroy us. We've been doing a good job ourselves, be honest with yourselves and admit it! Unless we really take the right path of reforming ourselves, NOT TO THE EXTENT OF OUR EXTINCTION of course, we can never get ourselves out of this miserable public image that has been placed before us (or on our foreheads) the day we entered into this business.
While everyone knows that time is running out, the many have already scattered (like headless chicken) to do what for them is the only choice they've got to survive, however illegal. While POEA keeps on telling us that we have already grown in huge multitude, they continuously accept licensure applicants, with a majority of them getting approved. It is inside the rule, and the law states that if they comply, approve - who can blame them for that?
"There are unjust laws as there are unjust men," said the great Mahatma from India. Are we suppose to make fool of ourselves by being enslaved by unjust rules of law? Consider RA 8042 for example. While many have earned so much money from this law (considering the many payments the agencies had to swallow - in the name of survival), and was proudly announced in public, have they really brought down the illegal activities of the un-licensed entities who continue to grow and strive in their under-ground industry? Many of them are hiding under the mantle of protection from lawmakers, government officials, NGOs and whoever is available to make use of the "escort-system" at our airports. But heck, no! How sad, how sad it is.
Anyway, there is wisdom in just keeping silent on whatever happens to us right now since our industry leadership would rather let us spend our hard-earned money that having a continuous dialogue. And if they say, "we have already dialogued with the government, and still nothing happened!" Let me tell you this much, for I was there, YOU were merely boot-licking the government and delivering your concerns in the "softest" manner - you do not even have the right clout (or "balls") to tell the government what is really wrong. In short, you were not able to deliver properly your mandate! Now there, it is said. I am pretty sure one or two leaders who will be furnished a copy of this email will be running after and chewing my ass again, using a 3rd party as usual (what a clear showmanship of cowardice!), but getting used to it is a life I have learned to accept.
Because we have mostly cowards (with the exception of a very few - unfortunately) in our industry leadership (and I mean all - not only those who, because they have decided to become a federation, they thought they speak for the industry - despite the fact that many of their association are even "member-less"), the members follow without any doubt. How is it once said, "the system is always as good as the person on top of it." Well, there you go.
Let me invite you to join our blog-spot by clicking this link: http://republicofmiyabi.blogspot.com/ - please do put your comments. I shall really appreciate your contribution(s).
Regards
Raul J. de Vera, Jr.
President
Cherub Manpower Incorporated
1569 Copernico St., Bgy. San Isidro, Makati, Philippines
MOBILE: +63-917-5267777
TEL(s): +632-7572344 - 46 or 7572378 (direct-line)
Fax #: +632-7572379
eMail(s): cmi@i-manila.com.ph or cherubmanpower@yahoo.com
Website: www.cherub.com.ph
Skype Name: devera1962
YM Name: rjv888cmi
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