POEA Chklist Issuance

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FM-POEA 03-IR-01A

Effectivity Date:

16 May

2012

Page

1

of

4

PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION

Licensing and Regulation Office

Licensing Branch, Licensing and Evaluation Division

CHECKLIST

OF REQUIREMENTS FOR ISSUANCE OF LICENSE

1.

Written application for issuance

of

license

2. Applicant Information Sheet for Issuance

of

License (FM-POEA-03-IR-01 B)

3. Proof of business registration and minimum P2 million paid-up/capitalization (whichever is applicable)

) SEC Certificate

of

Incorporation

Corporation

Partnership

) DTI Certificate of Business Name Registration Indicating business purpose and capital investment

4. Proof of financial capacity

For Sole Proprietor:

( ) Bank certificate on savings account deposit showing a maintaining balance

of

at least

P500,000.00

)

Bank

Certificate f\ the remaining balance of the 2 Million Capitalization

of

the agency

) Authority to examine bank deposits signed by the authorized signatory of the agency

) Individual Income Tax Returns with confirmation receipt

of

payment

for

the past 2 years of the

Proprietor

For Newly Registered Corporation/Partnership:


of

at least

PSOO,OOO.OO

( )

Bank

Certificate on the remaining balance

of

the

2

Million paid up capital

of

the agency

( ) Authority

to

examijne bank deposits signed

by

the authorized signatory of the agency

( ) Individual lncome

Tax Returns with confirmation receipt

of

payment/Electronic payment

document for the

past

2

years

of

the Board

of

Directors/Partners

) SIR tax exemption certificate.

if

tax exempt

For

Existing Corooration/Partntrship:


of

at least

P500,000.00 .

( ) Bank Certificate on the remaining balance of the 2 Million paid up capital of the agency

( ) Authority to examine bank deposits

signed

by the authorized signatory of the agency

( ) Audited financial statements and Corporate Income Tax Returns

for

the past

2

years

( ) Individual Income Tax Returns with confirmation receipt of paymentJEiectronic payment

document

for the past

2

years

of

the Board

of

Directors/Partners

) BIR tax exemption certificate, if tax exempt

If applicant agency

has

corporate i n v e s t o r ~

( ) Articles of Incorporation

( ) Board Resolution/Secretary's Certificate on designated authorized representative

( ) Financial statement for the past

two

(2)

years

( ) Corporate Income Tax Returns with confirmation receipt of payment for the

past

two .2) years

5. Proof

of Mai'Keting Capability

For Landbatd

Agenctas:

( ) 8peolil

Power of Attorney

(SPA) a r ~ d o r recruitment lgreem nt verified by the Philippine

OverseliiS l..abot Otfiee ~ O L O ) nel lri Uit the jobsite or iliUthi l'lticoted by

the

Philippine Embassy

11 1 ea86

t h e r ~ is htl POLO at

the

jbbsite

) Manpowet' request/job order C f not le$8 than 1

00

workers verified by the

POLO or

uthenticated by the Philippine Embassy in the absence of a POLO

( ) CertifiCation from

the PreEmployment Servioes

Office (PSO) that

tht

principal

is a

new

market

( ) Business registration of the principal


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FM-POEA 03-IR-01A

Effectivity Date: 16 May 2012

IN CASE THE PRINCIPAL ISA FOREIGN PLACEMENT AGENCY:

Page 2 of 4

( ) Manpower request of the direct employers addressed to the Foreign Placement

Agency verified by the POL0 or authenticated by the Philippine Embassy in the absence of a .

POLO

) Certification from the Pre-Employment Services Office (PSO) that the direct employers are new

markets

) License/registration of the principal

to

operate a placement agency

For Seabased Agencies:

( ) Special Power of Attorney (SPA) verified by Philippine Overseas Labor Office (POLO) or

authenticated by the Philippine Embassy/ Philippine Consulate in the absence of a POLO

) Manning agreement verified by the POLO, or authenticated by the Philippine Embassy/

Philippine Consulate in the absence of a POLO;

) Crew order request

of

not less than 50 seafarers verified by the POLO or authenticated by

the Philippine Embassy Philippine Consulate in the absence of a POLO

) Certification from the Pre-Employment Services Office (PSO) that the principal and vessel are

new

markets

) Business registration of the principal

6

Notarized Affidavit

of

Undertakings (AU)

For Landbased Agencies

( ) AU per section

1

(f)

A Verified undertaking stating that the applicant:

1 Shall select only medically and technically qualified recruits;

2 Shall assume full and complete responsibility for all claims and liabilities which may arise in connection

with the use of the license;

3 Shall assume join t and solidary liability with the employer for all claims and liabilities which may arise

in connection with the implementation

of

the contract, including but not limited to payment of wages,

death and disability compensation and repatriations.

4 Shall guarantee compliance with the existing labor and social legislations of the Philippines and of the

country

of

employment

of

the recruited workers;

5 Shall assume full and complete responsibility for all acts of its officials, employees representative done

in connection with recruitment and placement.

2 Shail negotiate for the best terms and conditions of employment.

3

Shall disciose the full terms and conditions of employment

to

the applicant workers;

8. Shall deploy at least 100 workers to i ts new markets within one (1) year from the issuance of its

license;

9 Shall provide orientation on recruitment procedures, terms and conditions and other relevant

information to its workers and provide facilities therefore; and

10 Shall repatriate the deployed workers and his personal belongings when the need arises.

( ) AU per section

1

(g)

In case of corporation or partnership, verified undertaking by its officers. directors, partners that they will be

jointly and severally liable with the company over claims arising from employer-employee relationship.

For Seabased Agencies

( ) AU per section

1

(e)

A verified undertaking stating that the applicant shall:

1 Provide its seafarers orientation on recruitment policies and procedures, terms and conditions of

employment and other relevant information;

2 Ensure that any seafarers recruited or deployed by them is qualified and holds the documents

necessary for the jClb concerned;

3.

ensure

that contraotll of employmnt are irl accordance with the standard employment contract and

otht aji)plicabl laws, regulation& a.

hd

collective bargalnlrlg agteementai

,., nsur that

filter

erit lnf'oN'I 'ed of their rights and duties under

tl'\tir

contract of employment and

the

articles ot

aQrlrteme

rlt r i c J tc bt

lh

the

procttu

of engagement;

5,

Eneure

tl'uat proper ctrrangftmantt are

made

for fJQifl lr.rs to examine their eontrac:ta of empltlyrmtl'lt

and

artiCles of agreement before and

tafter th&y art

llgned and for

t h e n ~ to

receive a opy

of

the

contract of employment;

e

Ensure that

the

veasel/s

and the

crew are adequately covered

by

P & I Club or

aimlllr

lhauranoe

thru

the submission of the certificate of insurance coverage;

7 Assume full and complete responsibility for all claims and liabilities which may arise

In

connection with

the use

of

the license;


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.

FM-POEA 03-IR-01A

Effectivity Date:

16

May

2 12

Page 3 of 4

a Assume joint and solidary liability with the employer for all claims and liabilities which may arise in

connection with the implementation of the employment contract, including but not limited to wages,

death and disability compensation and their repatriation;

9 . Guarantee compliance with the applicable labor, social and maritime legislations of the Philippines,

and applicable regulations

of

the flag state and international organizations such as the International

Maritime Organization (IMO) and he International Labor Organization (ILO);

10. Assume full and complete responsibility for all acts of its officials, employees and representatives done

in connection with recruitment and placement;

11.

Deploy at least fifty

50)

seafarers to

its

new market within one-year from issuance of its license which

shall also be a condition to the accreditation of old principals; and

12. Repatriate the deployed seafarers when the need arises.

( ) AU per section 1

(f)

In

case of corporation or partnership, verified undertaking by officers, directors and partners that they will

be

jointly and severally liable with the company over claims arising from employer-employee relationship.

7

Board of Directors/Partners/Proprietor, Officers and Staff

( ) Bio-data with 2 copies of passport size pictures

( ) NBi Clearance

( ) Police Clearance or its equivalent document from country of origin if foreigner

( ) Anti-Illegal Recruitment Branch clearance

( ) Individual letters of appointment for staff providing specific functions

8

Proof of bachelor s degree and 3 years business experience of the Proprietor/President/Partner

or

the

Chief Executive Officer

( ) College Diploma

( ) Certificate of employment or business registration of the company owned

by

the Proprietor/President/Partner or the Chief Executive Officer, if applicable

9 ) Certificate of Attendance of the Proprietor/President/Partner or the Chief Executive

Officer to the Pre-Licensing Orientation Seminar.

10 ) Proof of publication of notice of application with names of the

11

12.

13.

14.

*

Proprietor/President/Partners, Incorporators and Officers

) Contract of lease or proof of building ownership indicating the office address and

office space of at least 1

00

square meters

Human resource development plan

Organizational chart, staffing pattern with job description.

Additional Requirements

For applications presenting Overseas Perlorming Artists as new market

( ) Affidavit of Undertaking by the Proprietor/President or Partner

on

deployment of other skills

Other requirements on proofs

of

sources of investment which may be asked quring the panel interview:

1

employment certificate indicating salaries. allowances and other benefrts

2 passbooks/bank statement

3 proof of loans or mortgaged properties

4 deed

of

sale, old and new titles

of

real estate property

FOR UPGRADING OF P ~ O V I S I O N L I ICENSE: f ~ t U LICeNSE

For landbaaed agencies:

( ) Deployment

of 1

00

worker to new p,incipals within .1 year from itsuance of provisional license

For e b ~ agencies:

( ) Deployment of

50

seafarers to new principals and vessels within 1 year from Issuance of

provisional license


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F:.M-POEA

03-IR-01A

Effectivity Date: 16 May 2012

Important

information instructions

before filing an application

for

a license:

Page 4 of 4

1.

Only applications with

complete

requirements/documents as indicated

in

the checklist shall be

received. Applications with incomplete documents shall be automatically returned without action

2.

In

a folder, arrange documents according to the sequence

of

requirements

as

indicated

in

the

checklist of requirements. Submit

to

Licensing Branch, POEA, 4

h

Floor, BFO Building .

3. Application may

be

followed-up 7 days from the date of filing of application. Only authorized

representative shall be allowed to follow-up or transact business with POEA.

4. After evaluation of documents and ocular inspection of agency premises, applicant shall be required

to pay filing fee of ?10,000.00 before the panel interview.

5.

Where an application is denied, filing fee, being non-refundable, is deemed forfeited.

Post

Approval Requirements:

Upon approval of an application for issuance of license, the Certificate of License shall be released

only upon compliance/submission of the following:

1. Payment of license fee in the amount of PSO OOO .

2.

Three (3) copies of escrow agreement in the amount of P1 million with bank confirmation of

escrow deposit with an accredited reputable bank. A standard form of the escrow agreement is

available at the Licensing and Evaluation Division

3.

Original copy of a surety bond in the amount of P100.000.00 together with original copy of the

offteial receipt from a bonding company acceptable to the POEA. The surety bond shall include

the following conditions:

a. It shall answer for all valid and legal claims arising from violation

of

the conditions

for the . grant and use of the license and/or accreditation and contracts

of

employment.

b.

Guarantee compijance with the Labor Code and its implementing rules and

regulations, relating to recruitment and placement, rules of the POEA and relevant

issuances

of

the Department and all liabilities which the Administration may impose.

c. That notice to the principal

is

notice to the surety and that any judgment against the

principal in connection with matters falling under POEA s/NLRC s jurisdiction shall

be binding and conclusive on the surety.

d.

That the surety bond shall

be

co-terminus with the validity of the license.,

Documents

POEA Chklist Issuance