hiring skilled filipino workers for australia

8/9/2019 Hiring Skilled Filipino Workers for Australia

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Embassy of the PhilippinesPhilippine Overseas Labor Office

1 Moonah PlaceYarralumla, ACT 2600Landline+61262738882

Fax+61262733984Mobile0418356888

[email protected]

HIRING SKILLED FILIPINO WORKERS/PROFESSIONALS FOR AUSTRALIAAnd REQUIREMENTS FOR POEA ACCREDITATION

Over the years, the Philippines has deployed more than 8 million overseas Filipino workers(OFWs) in over 200 destinations in various fieldsmining operations, professional, medical, technical,operations and maintenance, construction, hotel, ICT, seafaring and many other fields. Filipino workersthe world over are highly preferred because they are reputed to be creative, caring, efficient, dedicated,productive, communicate well in English and go out of their way to finish a job once started.

The recruitment of Filipino workers is done through a systematic and transparent recruitmentsystem in place since the 1970s. Hiring rules heavily reflect the states policy of full protection foroverseas Filipino workers, and respond well to changing overseas labour market conditions. For example,Republic Act No. 10022, which amended RA 8042, among others, restricts the number of countrydestinations for OFWs to countries which (a) have existing labour and social laws protecting the rights ofworkers, including migrant workers; or (b) are signatory to and/or have ratified multilateral conventions,declarations or resolutions relating to the protection of workers, including migrant workers; or (c) haveconcluded a bilateral agreement or arrangement with the government on the protection of the rights ofOFWs.

Standards for working terms and conditions for Filipino workers are set by the government, butwhere the labour market destination offers better terms, the latter automatically become the standard. Thesystem also requires foreign principals (direct employers or placement agencies) to course their manpowerrequirements through private employment and manning agencies licensed by the Philippine OverseasEmployment Administration (www.poea.gov.ph), the government agency which regulates overseasemployment in the Philippines. The present status of POEA-licensed agencies may be checked online atwww.poea.gov.ph/cgi-bin/aglist.asp. If the foreign employer is a government entity or a government-owned or controlled company, the latter may opt to do its hiring through the POEAs GovernmentPlacement Branch (GBP). For the guidance of employers and foreign recruitment agencies, the POEAalso maintains a list of recruitment agency top performers and excellence awardees atwww.poea.gov.ph/agency/2009_agency_awardees.pdf.

Private employment agencies are either:

a. Land-based agencies, which could be any person (natural or juridical) licensed by the POEA torecruit workers for all land-based jobs for and on behalf of its foreign principal; or

b. Manning agencies, which could be any person (natural or juridical) licensed by the POEA torecruit seafarers to man/board vessels plying international sea lanes and other related maritimeactivities.

These licensed employment agencies ensure that only Filipino workers who are qualified andmedically-fit are deployed. Hence, Filipino workers are medically examined by government-accreditedmedical clinics or hospitals and training centres authorized by the government.

VERIFICATION AND AUTHENTICATION OF RECRUITMENT DOCUMENTS
mailto:[email protected]:[email protected]:[email protected]://www.poea.gov.ph/http://www.poea.gov.ph/http://www.poea.gov.ph/http://www.poea.gov.ph/cgi-bin/aglist.asphttp://www.poea.gov.ph/cgi-bin/aglist.asphttp://www.poea.gov.ph/agency/2009_agency_awardees.pdfhttp://www.poea.gov.ph/agency/2009_agency_awardees.pdfhttp://www.poea.gov.ph/agency/2009_agency_awardees.pdfhttp://www.poea.gov.ph/cgi-bin/aglist.asphttp://www.poea.gov.ph/mailto:[email protected]


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To make it easier for overseas employers to hire OFWs and at the same time ensure theprotection of the latters rights and interests, there is a process of verification at the work site which isdone by the Labour Attach who is normally based at Philippine Embassies or Consulates. This processascertains the 1) existence of the company or project; 2) the need for Filipino manpower; 3) and theemployerscapability to hire workers at the acceptable rates, and at desirable conditions, in conformitywith the minimum standards prescribed by the POEA and taking into account labour laws andregulations of the host government. The verification and authentication of recruitment documents set outbelow are the first step in the accreditation of Australian principals with the POEA.

A prospective Australian employer approved under Australian immigration rules as a standardbusiness sponsor or one covered by a Labour Agreement in specific industries to hire skilled andprofessional Filipinos under the 457 or other visa sub-categories for jobs allowed to be filled up underAustralian laws (see new Skilled Occupations List which took effect on July 2010 atwww.comlaw.gov.au/Details/F2010L01318 for applicants under the General Skilled Migration schemeandwww.comlaw.gov.au/Details/F2010L03158 for the Employer Nominated Scheme visas 121 and856), and interested to hire Filipino workers may choose from the official list of licensed privateemployment agencies available at the POEA website, www.poea.gov.ph/cgi-bin/aglist.asp. For moreinformation about the 457 visa sub-category, please seewww.immi.gov.au/allforms/booklets/books9.pdf.

Assuming the prospective Australian employer or agency is already done with his preparations onthe Australia side, he should identify a Philippine agent which will source his/her manpower recruitmentand must submit recruitment documents to the nearest Philippine Overseas Labour Office (POLO) at thePhilippine Embassy or Consulate for verification, in this case the POLO in Canberra. For employersintending to hire Filipino workers without the assistance of a Philippine recruitment agency, the currentpolicy of the POEA is that each company is limited to only ten (10) workers to be hired under the name-hiring scheme.

DOCUMENTS FOR SUBMISSION

For accreditation of employers hiring Filipino workers for the first time

For employers intending to hire Filipino workers for the first time, they must first undergo aprocess of accreditation with the POEA. The accreditation process begins by the employer or principalsubmitting the following documents to the Philippine Overseas Labour Office (POLO) in Canberra forverification. After verification the following documents will be forwarded by POLO to the ConsularSection of the Philippine Embassy for authentication:

a. Special Power of Attorney (SPA) from the Australian employer/foreign recruitment agency tothe Philippine recruitment agency, sample of which is downloadable fromhttp://www.poea.gov.ph/agency/spa2.pdf. The Recruitment Agreement between the Australianprincipal and the Philippine recruitment agency may also contain the principals obligations underthe Special Power of Attorney, in which case it is the Recruitment Agreement which should besubmitted to the POLO in Canberra for verification and authentication, instead of the SPA. Ofall the documents required for accreditation, the SPA is the only one which needs to be notarizedby an Australian notary public, and not just by a Justice of the Peace, but needs NO attestationby the Department of Foreign Affairs and Trade (DFAT). If it is the Recruitment Agreementcontaining the principals obligations under the SPA which is being submitted, this may benotarized in the Philippines.

b. Master Employment Contract, which should be signed by the employer on ALL PAGES andwhich should contain the two mandatory provisions on 1) the repatriation of remains of theemployee in case of death, and 2) grounds for termination of employment (such as seriousmisconduct, gross negligence, disobedience, etc.), as well as the applicable national employmentstandards of Australia, or references the applicable modern award or enterprise bargainingagreement. If the master employment contract or letter of offer does not contain the above two
http://www.comlaw.gov.au/Details/F2010L01318http://www.comlaw.gov.au/Details/F2010L01318http://www.comlaw.gov.au/Details/F2010L03158http://www.comlaw.gov.au/Details/F2010L03158http://www.poea.gov.ph/cgi-bin/aglist.asphttp://www.poea.gov.ph/cgi-bin/aglist.asphttp://www.immi.gov.au/allforms/booklets/books9.pdfhttp://www.immi.gov.au/allforms/booklets/books9.pdfhttp://www.poea.gov.ph/agency/spa2.pdfhttp://www.poea.gov.ph/agency/spa2.pdfhttp://www.poea.gov.ph/agency/spa2.pdfhttp://www.immi.gov.au/allforms/booklets/books9.pdfhttp://www.poea.gov.ph/cgi-bin/aglist.asphttp://www.comlaw.gov.au/Details/F2010L03158http://www.comlaw.gov.au/Details/F2010L01318


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mandatory provisions, and instead references to a modern award or enterprise bargainingagreement, please send a copy of award or the agreement, highlighting the particular clause orprovision providing for the grounds for termination and repatriation of remains. The repatriationof remains standard may also be satisfied by proof of purchase of health insurance coverage, witha repatriation of remains clause. For convenience of the Australian employer and recruitmentagency, they may use the POEA standard employment contract for skilled workers andprofessionals, which may be downloaded fromhttp://www.poea.gov.ph/ofw/sec_various_new.pdf . This does not need to be notarized orcertified by a Justice of the Peace.

c. Job Order or Manpower request (please download prescribed format athttp://www.philembassy.org.au/images/POLO/forms/JOB_ORDER_FORMAT.pdf). In casethe principal is an Australian recruitment agency, the job order (JO) from the directemployer/client indicating the details of manpower demand addressed to the Australianrecruitment agency shall be submitted, as per prescribed format downloadable athttp://www.philembassy.org.au/images/POLO/forms/MANPOWER_REQUEST_FORMAT.pdf. This does not need to be notarized or certified by a Justice of the Peace.

To enable POLO Canberra to better assess the conformity of the proposed working terms andconditions in the manpower request or job order and in the master employment contract withAustralian laws, the applicant must show proof that he will provide no less favourable terms andconditions of employment to the nominee than he would to an equivalent Australian in thesponsors workplace at the same location. This is known as the market salary rate rule. This isthe same documentation which the standard business sponsor or an employer covered by aLabour Agreement submits to the Department of Immigration and Citizenship (DIAC) duringthe nomination process. However, this latter proof is not necessary where the proposed annualsalary rate for the OFW is not less than A$180,000.

d. Copy of valid business license or company registration. Although not mandatory, a companyprofile (with nature of business, contact details indicated, including e-mail address) will also behelpful in case POLO Canberra has questions to ask of the employer in relation to theapplication. No notarization or certification by a Justice of the Peace needed.

e. Standard business sponsorship approval from the Department of Immigration and Citizenship(DIAC) of Australia, indicating the approval or reference number from the DIAC; or in thealternative, an approved Labour Agreement with the Federal Government, if applicable; ornomination approval; or visa approval. No notarization or certification by a Justice of the Peaceneeded.

f. Photocopy of valid photo ID of official signatory of the company or agency, and a shortcompany profile, or a link to the companys website. These are not verifiable documents andneed no notarization or certification by a Justice of the Peace needed.

g. Prepaid, self-addressed envelope, preferably Express Post, of a size suitable to contain all theverifiable documents.

To request additional manpower request/job orders

To request for additional manpower request/job orders, the following must be submitted to thePhilippine Overseas Labour Office in Canberra for verification and authentication:

For Australian Placement Agencies
http://www.poea.gov.ph/ofw/sec_various_new.pdfhttp://www.poea.gov.ph/ofw/sec_various_new.pdfhttp://www.philembassy.org.au/images/POLO/forms/JOB_ORDER_FORMAT.pdfhttp://www.philembassy.org.au/images/POLO/forms/JOB_ORDER_FORMAT.pdfhttp://www.philembassy.org.au/images/POLO/forms/MANPOWER_REQUEST_FORMAT.pdfhttp://www.philembassy.org.au/images/POLO/forms/MANPOWER_REQUEST_FORMAT.pdfhttp://www.philembassy.org.au/images/POLO/forms/MANPOWER_REQUEST_FORMAT.pdfhttp://www.philembassy.org.au/images/POLO/forms/MANPOWER_REQUEST_FORMAT.pdfhttp://www.philembassy.org.au/images/POLO/forms/MANPOWER_REQUEST_FORMAT.pdfhttp://www.philembassy.org.au/images/POLO/forms/JOB_ORDER_FORMAT.pdfhttp://www.poea.gov.ph/ofw/sec_various_new.pdf


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1. Manpower request (prescribed format downloadable athttp://www.philembassy.org.au/images/POLO/forms/MANPOWER_REQUEST_FORMAT.pdf)

2. Copy of POEA Registration/Accreditation per principal

For Australian Employers

1. Job Order (prescribed format downloadable athttp://www.philembassy.org.au/images/POLO/forms/JOB_ORDER_FORMAT.pdf)

2. Copy of POEA Registration/Accreditation

Recruitment documents or requests for additional job orders are to be personally submitted ormailed to:

ATTY. JALILO O. DELA TORRELabour Attach IIPhilippine Embassy1 Moonah Place, YarralumlaACT, 2600

FEES FOR VERIFICATION AND AUTHENTICATION

A verification fee of A$18will be collected by POLO-Canberra for each document enumeratedabove for the verification procedure.

Further, an authentication fee ofA$45($63 for expedited one-day processing) is charged by theConsular Section of the Philippine Embassy for the whole set of documents and may be paid thru aSEPARATE postal money order in the name of Embassy of the Philippines.

Official receipts from the Philippine Embassy and the Philippine Overseas Labour Office(Department of Labour and Employment) evidencing receipt of above payments shall be included in theenvelope containing the verified and authenticated documents that will be sent back to the partyrequesting verification.

SCHEDULE OF FEES

Process Office Responsible Fee Mode of Payment Payment DetailsVerification ofRecruitmentDocuments

Office of the LabourAttach

A$18 per document Australian moneyorder

In the name ofEmbassy of thePhilippines POLOVF

Authentication of

RecruitmentDocuments

Consular Section A$45 for the whole set,

regardless of number ofdocuments. One-dayprocessing is availablefor authentication at$63 for the whole set.

Australian money

order

In the name of

Embassy of thePhilippines.

Verification ofAdditional Job Order

Office of the LabourAttach

A$18 per document Australian moneyorder

In the name ofEmbassy of thePhilippines POLOVF

Authentication ofAdditional Job Order

Consular Section A$45 for the whole set,regardless of number ofdocuments. One-dayprocessing is availablefor authentication at

$63 for the whole set.

Australian moneyorder

In the name ofEmbassy of thePhilippines.
http://www.philembassy.org.au/images/POLO/forms/MANPOWER_REQUEST_FORMAT.pdfhttp://www.philembassy.org.au/images/POLO/forms/MANPOWER_REQUEST_FORMAT.pdfhttp://www.philembassy.org.au/images/POLO/forms/MANPOWER_REQUEST_FORMAT.pdfhttp://www.philembassy.org.au/images/POLO/forms/JOB_ORDER_FORMAT.pdfhttp://www.philembassy.org.au/images/POLO/forms/JOB_ORDER_FORMAT.pdfhttp://www.philembassy.org.au/images/POLO/forms/JOB_ORDER_FORMAT.pdfhttp://www.philembassy.org.au/images/POLO/forms/MANPOWER_REQUEST_FORMAT.pdfhttp://www.philembassy.org.au/images/POLO/forms/MANPOWER_REQUEST_FORMAT.pdf


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The verification and authentication procedures shall take no more than three (3) days from theday the documents are received at the Embassy. But one-day processing is available at an extra charge forauthentication, as indicated above.

For inquiries, please address all communications to:

Atty. Jalilo O. Dela TorreLabour Attach IIPhilippine EmbassyPhilippine Overseas Labour Office (POLO)1 Moonah Place, YarralumlaACT 2600, AustraliaTelephone: 02-62738882Mobile: 0418356888Fax: 02-62733984Email:[email protected]
mailto:[email protected]:[email protected]:[email protected]:[email protected]