Skip to content

Instantly share code, notes, and snippets.

@rstacruz
Last active February 27, 2019 11:48
Show Gist options
  • Save rstacruz/a7d4c6a13d0a05ef8f6a3fe9e0f67b6f to your computer and use it in GitHub Desktop.
Save rstacruz/a7d4c6a13d0a05ef8f6a3fe9e0f67b6f to your computer and use it in GitHub Desktop.

How to get an OEC as a skilled worker

⚠️ See http://ricostacruz.com/poea-oec-guide/ for the latest revision. This gist is no longer maintained.

Direct Hire requirements

These are the requirements to apply for an OEC as a "direct hire" (ie, hired without a recruitment agency):

  1. Passport
  2. Valid work visa / entry permit
  3. Employment contract, verified by POLO
  4. Medical certificate
  5. Pre-Departure Orientation Seminar (PDOS) from OWWA
  6. Additional country-specific requirements (only for Canada, USA, New Zealand, Middle East & African countries)

These are the costs:

  • USD $100 (or PHP equivalent) for POEA processing fee
  • USD $25 (or PHP equivalent) for OWWA membership fee

These requirements are available in NH_Professionals.pdf, or the "Documentation of Direct Hires - Professionals and Skilled Workers" document.

Finding this document

  1. Start with the POEA Website
    The POEA Website (poea.gov.ph) has a link with information for Overseas Filipino Workers.

image

  1. "Overseas Filipino Workers" page
    In the Overseas Filipino Workers page, there's a link to Documentation of Direct Hires - Professionals and Skilled Workers.

image

  1. "Documentation of Direct Hires - Professionals and Skilled Workers" document
    According to NH_Professionals.pdf, you need an Employment Contract with provisions compliant with POEA Revised Rules 2016.

image

Direct Hire exception

POEA has a ban on direct hires. Excerpt from §123:

SECTION 123. Ban on Direct Hires. — No employer shall directly hire an Overseas Filipino Worker for overseas employment.

However, professionals and skilled workers are exempted from the direct hire ban. Excerpt from §124(d)(2):

SECTION 124. Exemption from the Ban on Direct Hiring. — The following are exempted from the ban on direct hiring:

d. Other employers as may be allowed by the Secretary of Labor and Employment, such oas:

Professionals and skilled workers with duly executed/authenticated contracts containing terms and conditions over and above the standards set by the POEA. (...)

These can be found on the Revised POEA Rules of 2016, page 31.

Finding this document

  1. POEA home page
    The POEA home page has list of resources near the end of the page. Look for the link that reads Laws and Rules for Overseas Employment.

image

  1. "Laws and Rules for Overseas Employment" page
    The Laws and Rules for Overseas Employment page has a link to the "Revised POEA Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino Workers - 2016". As of May 2018, this is the latest revision of the rules and regulations.

image

  1. Revised POEA Rules 2016
    According to the Revised POEA Rules 2016, §124(d)(2) in page 31, you can be a professional or skilled worker with authenticated contracts.

image

Skilled worker exemption

This information is also listed on the POEA Memorandum Circular No. 08.

  1. POEA home page
    In the POEA home page, there is a list of resources at the bottom of the page. Look for the link to Memorandum Circulars.

image

  1. "Memorandum Circulars" page
    The POEA Memorandum Circulars page lists the "Official Issuances on Overseas Employment." It has a link to the Memorandum Circulars of 2018.

image

  1. "Memorandum Circulars of 2018" page
    The Circulars of 2018 page has a link to Circular No. 08: Implementing guidelines on the Registration of Direct-Hire OFWs. As of May 2018, this is the latest circular issued by the POEA.

image

  1. "Memorandum Circular No. 08, Series of 2018" document
    In Memorandum Circular No. 08, Series of 2018, Implementing Guidelines on the Regisrtation of Direct-Hire OFWs, published on May 9th of 2018, section I shows the list of exemptions from the direct hire ban. §I(d)(2) in particular shows that skilled workers are exempted.

image

POEA Standards

The "Employment Standards" are defined in the Revised POEA Rules 2016, page 35, part V, section 135. It's also available in Memorandum Circular No. 08, Series of 2018, Implementing Guidelines on the Regisrtation of Direct-Hire OFWs, page 2, section II.

image


Appendix: Effectivity of Memorandum Circular No. 08

The POEA Memorandum Circular No. 08 states that:

This circular shall be effective fifteen (15) days after publication in a newspaper of general circulationand filing with the Office of the National Administrative Register.

This memorandum was filed to the Office of the National Adiministrative Register on the May 10th of 2018. This can be seen in ONAR Bulletin Nov. 8 No. 19, which covers memorandums filed from May 7th to May 11th of 2018.

image

image

Sign up for free to join this conversation on GitHub. Already have an account? Sign in to comment