| CONTACT: |
| Supreme Court of the Philippines Library Services, Padre Faura, Ermita, Manila, Philippines 1000 |
| (632) 8524-2706 |
| libraryservices.sc@judiciary.gov.ph |
(NAR) VOL. III NO. 1 / JANUARY - MARCH 1992
[ POEA ADMINISTRATIVE GUIDELINES IMPLEMENTING DEPARTMENT CIRCULAR NO. 01-91, December 13, 1991 ]
REQUIREMENTS, CONDITIONS AND PROCEDURES FOR THE DEPLOYMENT OF FILIPINO PERFORMING ARTISTS OVERSEAS
Pursuant to DOLE Circular 01-91 dated 20 November 1991 prescribing additional requirements, conditions and procedures for the deployment of performing artists, and in order to assure continuing employment opportunities and protection to such category of professionals, the following guideline are hereby promulgated:
SECTION 1. Coverage — This circular shall apply to all licensed landbased agencies deploying/hiring legitimate performing artists overseas.
Legitimate Performing Artists — Performing artists shall include musicians, singers and dance troupe members.
Qualifications of Legitimate Performing Artists — The performing artist must meet the following qualifications:
1. At least 23 years of age for women performers;
2. Minimum one (1) year cumulative reputable performance in the Philippine or abroad for women performers;
3. Certified by a Philippine licensed agency deploying performing artists overseas as to qualifications nos. 1 & 2;
4. Membership in a dance troupe booked as a group with a minimum of five (5) members who have been contracted for same establishment and contract period;
5. Artists Accreditation Card in accordance with Section 6 hereof.
SECTION 2. Exemptions — The following performing artists shall be exempted from the qualifications defined in Section 1;
1. Performing artists invited to perform abroad for a charitable cause as certified by the Philippine Embassy/Consulate;
2. Well known performing artists booked for limited performance;
3. Well known artists on a concert tour or in the case of well known dance troupes, on a performance tour;
4. Graduates of a regular course/formal training obtained from a performing arts school duly certified or accredited by the Department of Education and Culture;
5. Performing artists, singly or as part of a group, with a track record of local or overseas performances in major establishments such as reputable hotels, theaters, etc.
All requests for exemption shall be submitted to the Secretary of Labor for approval.
Processing through the Government Placement Branch
1. All of the above may be processed by the Government Placement Branch upon presentation of their booking contract, visa/entry permit and airline ticket or airline booking certificate together with the written exemption duly issued by the Secretary of Labor and Employment.
2. They will be required to pay the usual administrative fee of $100 and the Welfare Fund contribution of $50.
SECTION 3. Accreditation of Foreign Principal/Promoters
New Accreditation — Effective 13 December 1991, all foreign principals/promoters, including those previously accredited prior to issuance of DOLE Circular 01, shall undergo new accreditation.
The following are the procedures and requirements for new accreditation:
1. Philippine Embassy/Consulate in all worksites shall pre-qualify all principals/promoters and all performance venues.
1. Duly accomplished Recruitment Order (RO)
2. Working visa or individual certificates of eligibility
3. Employment Contract
4. Certification by the recruitment agency that the performing artist:
7. Valid passport
8. Accomplished OWWA ID forms by performing artist listed in the Recruitment Orders
9. Workers' Information Sheet
10. Pre-Employment Orientation and PDOS Certificates
SECTION 5. Health and Hospitalization, Death and Repatriation Insurance — All Filipino Performing Artists shall be covered by a Compulsory Health and Hospitalization, Death and Repatriation Insurance package to a maximum amount of Y3 million for each of the risk insured. The premium of said insurance shall be the sole obligation of the employer and the beneficiary of the proceeds of which shall exclusively be the immediate heir of the insured.
SECTION 6. Transitory Provisions — Effective 13 December 1991, all foreign employers/promoters hiring performing artists must undergo new accreditation in accordance with Section 3 of this Circular.
Pipeline Accounts — Only employers/promoters with valid accreditation and in possession of working visas or certificates of eligibility for performing artists issued on or before 31 January 1992 shall undergo regular processing. All Certificates of Eligibility issued after 31 January 1992 shall be processed under the requirements of new accreditation. However, in no case will POEA allow the processing of these documents beyond 15 March 1992.
Artist's Accreditation Certificate — The Artist's Accreditation Certificate (AAC) shall still be an acceptable document for purposes of issuance of the Overseas Employment Certificate (OEC) by the POEA and stamping of visa by the Embassy of Japan in Manila, provided that the certificate of eligibility is issued on or before 31 January 1992.
Request for re-issuance of the AAC such as replacement and renewal submitted after the November 30, 1992, deadline (per POEA Memorandum Circular No. 64, Series of 1991) shall still be acted upon by the POEA if accompanied by a valid Certificate of Eligibility.
Returning Performing Artists — Performing artists, regardless of age and experience who are currently in the jobsite may continue their employment overseas until the expiry of their contracts. They may, however, be redeployed overseas provided that:
For strict compliance.
Adopted: 13 Dec. 1991
SECTION 1. Coverage — This circular shall apply to all licensed landbased agencies deploying/hiring legitimate performing artists overseas.
Legitimate Performing Artists — Performing artists shall include musicians, singers and dance troupe members.
Qualifications of Legitimate Performing Artists — The performing artist must meet the following qualifications:
1. At least 23 years of age for women performers;
2. Minimum one (1) year cumulative reputable performance in the Philippine or abroad for women performers;
3. Certified by a Philippine licensed agency deploying performing artists overseas as to qualifications nos. 1 & 2;
4. Membership in a dance troupe booked as a group with a minimum of five (5) members who have been contracted for same establishment and contract period;
5. Artists Accreditation Card in accordance with Section 6 hereof.
SECTION 2. Exemptions — The following performing artists shall be exempted from the qualifications defined in Section 1;
1. Performing artists invited to perform abroad for a charitable cause as certified by the Philippine Embassy/Consulate;
2. Well known performing artists booked for limited performance;
3. Well known artists on a concert tour or in the case of well known dance troupes, on a performance tour;
4. Graduates of a regular course/formal training obtained from a performing arts school duly certified or accredited by the Department of Education and Culture;
5. Performing artists, singly or as part of a group, with a track record of local or overseas performances in major establishments such as reputable hotels, theaters, etc.
All requests for exemption shall be submitted to the Secretary of Labor for approval.
Processing through the Government Placement Branch
1. All of the above may be processed by the Government Placement Branch upon presentation of their booking contract, visa/entry permit and airline ticket or airline booking certificate together with the written exemption duly issued by the Secretary of Labor and Employment.
2. They will be required to pay the usual administrative fee of $100 and the Welfare Fund contribution of $50.
SECTION 3. Accreditation of Foreign Principal/Promoters
New Accreditation — Effective 13 December 1991, all foreign principals/promoters, including those previously accredited prior to issuance of DOLE Circular 01, shall undergo new accreditation.
The following are the procedures and requirements for new accreditation:
1. Philippine Embassy/Consulate in all worksites shall pre-qualify all principals/promoters and all performance venues.
- Pre-qualification of principals/promoters — All principals/promoters shall submit the following requirements to the Philippine Embassy/Consulate with English translation;
(1) Company registration
(2) Statements of account showing financial status of company including balance sheets and profit and loss statements
(3) List of employees, not less than 5 with their pictures
(4) Tax payment certificate
(5) Police clearance or certificate of no criminal record of company president
(6) List of all Filipino Performing Artists previously deployed by the company including dates of entry and departure, performance/booking places and number of certificates of eligibility
(7) Certificate of no derogatory record of the employer/promoter and venue owner from the appropriate government authority
(8) Booking Contract between the foreign promoter and club owner
(9) Special Power-of-Attorney in favor of the Philippine Agent
(10) Recruitment Agreement between the foreign principal/promoter and the Philippine Agency
(11) Where applicable, certificate of compliance issued the appropriate government agencies of all the applicable laws in his country regarding the employment of foreign workers. - Pre-qualification of Performance Venue — All Venues shall be certified by the Philippine Embassy/Consulate which shall maintain a registry of certified establishments. The Embassy/Consulate may be assisted by civil organizations and other NGOs in the formulation of such a registry.
- Authenticated Special Power-of-Attorney
- Authenticated Recruitment Agreement
- Affidavit of Responsibility executed by the promoter/principal
- Pre-qualification Certificate of the promoter and venue from the Philippine Embassy/Labor Attache
- Cash Bond of US$20,000 or its equivalent in Philippine currency deposited in escrow in favor of POEA to primarily answer for valid and legal claims of recruited workers
- Copy of Booking Contract between the foreign promoter and club/venue owner — translated in English and verified by the Philippine Embassy/Consulate
- Affidavit of Undertaking by the foreign promoter and Philippine agency that:
(a) The performing artist(s) shall not be required to work as receptionist/hostess, to engage in "dohan" or other similar practices, to perform nude, indecent or other illegal acts, to solicit customers for the establishment or its owners, or otherwise perform work other than that for which the artist was contracted;
(b) The performing artist(s) deployed to a particular establishment shall not be allowed to be re-booked or transferred to another club or establishment outside of the one to which he was deployed;
(c) The performing artist(s) shall receive not less than sixty (60%) percent of the booking rate. In the case of Japan, the performing artists shall receive not less than Y120,000.
(d) The foreign promoter/agency shall pay all salaries and dues to the performing artist and the other parties to the contract on a regular monthly basis.
(e) The performing artist shall not be charged penalties for misdemeanors other than those penalties agreed upon in writing between the artist, the talent manager, the agency and the establishment's authorized promoter.
1. Duly accomplished Recruitment Order (RO)
2. Working visa or individual certificates of eligibility
3. Employment Contract
4. Certification by the recruitment agency that the performing artist:
- has a track record of legitimate and reputable performance for at least one year in the Philippines;
- is at least 23 years old, in the case of women performers.
- Life, accident and medical insurance from employer (verified by the Philippine Embassy/Consulate)
- Life and accident insurance in the amount of not less than P400,000 from the Philippine agency, in addition to the P25,000 insurance benefit from OWWA
7. Valid passport
8. Accomplished OWWA ID forms by performing artist listed in the Recruitment Orders
9. Workers' Information Sheet
10. Pre-Employment Orientation and PDOS Certificates
SECTION 5. Health and Hospitalization, Death and Repatriation Insurance — All Filipino Performing Artists shall be covered by a Compulsory Health and Hospitalization, Death and Repatriation Insurance package to a maximum amount of Y3 million for each of the risk insured. The premium of said insurance shall be the sole obligation of the employer and the beneficiary of the proceeds of which shall exclusively be the immediate heir of the insured.
SECTION 6. Transitory Provisions — Effective 13 December 1991, all foreign employers/promoters hiring performing artists must undergo new accreditation in accordance with Section 3 of this Circular.
Pipeline Accounts — Only employers/promoters with valid accreditation and in possession of working visas or certificates of eligibility for performing artists issued on or before 31 January 1992 shall undergo regular processing. All Certificates of Eligibility issued after 31 January 1992 shall be processed under the requirements of new accreditation. However, in no case will POEA allow the processing of these documents beyond 15 March 1992.
Artist's Accreditation Certificate — The Artist's Accreditation Certificate (AAC) shall still be an acceptable document for purposes of issuance of the Overseas Employment Certificate (OEC) by the POEA and stamping of visa by the Embassy of Japan in Manila, provided that the certificate of eligibility is issued on or before 31 January 1992.
Request for re-issuance of the AAC such as replacement and renewal submitted after the November 30, 1992, deadline (per POEA Memorandum Circular No. 64, Series of 1991) shall still be acted upon by the POEA if accompanied by a valid Certificate of Eligibility.
Returning Performing Artists — Performing artists, regardless of age and experience who are currently in the jobsite may continue their employment overseas until the expiry of their contracts. They may, however, be redeployed overseas provided that:
- Their employers and performance venue have been pre-qualified by the Philippine Embassy/Consulate in the worksite
- they comply with processing requirements
- dancers must belong to a dance troupe
For strict compliance.
Adopted: 13 Dec. 1991
(Sgd.) MA. NIEVES R. CONFESOR
Acting Secretary
Acting Secretary