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(NAR) VOL. 5 NO. 2/APRIL-JUNE 1994
[ POEA DEPARTMENT ORDER NO. 011A, s. 1994, April 14, 1994 ]
REVISED RULES ON THE PREQUALIFICATION AND ACCREDITATION OF TAIWAN MANPOWER AGENCIES
With reference to Department Order No. 11, Series of 1994, the rules prescribed therein are hereby revised to ensure maximum protection of Filipino workers bound for Taiwan.
Only Taiwan manpower agencies which have been pre-qualified by the Philippine Labor Center (PLC) in Taiwan shall qualify for authorization and accreditation by the POEA.
1. The documentary requirements for the pre-qualification of Taiwan manpower agencies are the following:
2. As part of the pre-qualified process, the PLC shall verify with the CLA the status of the Taiwan manpower agency.
3. A POEA authorization to participate in the Special Hiring Program for Taiwan may be issued to the agency upon review of the recommendation by the Philippine Labor Center in accordance with the pre-qualification requirements.
The POEA may accredit, as employer, the authorized Taiwan manpower agency together with the direct employer in accordance with prescribed documentary requirements.
The POEA or the PLC may impose preventive suspension of the authorized/accredited Taiwan manpower agency where there is a prima facie evidence against the latter for violating any of the applicable rules and regulations governing overseas employment. Cancellation of the agency's authorization/accreditation shall be done by POEA after due investigation.
Accredited Taiwan manpower agencies shall be jointly and severally liable with the Philippine lead or co-agent in case of contract violation or any other violation prejudicial to the worker.
The POEA is directed to formulate guidelines in pursuance thereof.
This order shall take effect immediately.
Adopted: April 14, 1994
I
General Provision
General Provision
Only Taiwan manpower agencies which have been pre-qualified by the Philippine Labor Center (PLC) in Taiwan shall qualify for authorization and accreditation by the POEA.
II
Pre-Qualification Procedures
Pre-Qualification Procedures
1. The documentary requirements for the pre-qualification of Taiwan manpower agencies are the following:
- Council of Labor Affairs (CLA) license to recruit foreign workers with English translation and notarized by the Taiwan District Court.
- Approved business license/permit; proof of financial capability with English translation and notarized by the Taiwan District Court.
- Affidavit of Undertaking assuming responsibility over their hired workers, faithful compliance of Philippine-government prescribed fees, faithful implementation of the employment contract and compliance with additional requirements as may be prescribed by the POEA.
- PLC certification that the agency has no pending cases or derogatory record.
- Particulars of the Taiwan manpower agency.
- Other requirements as may be prescribed by POEA.
2. As part of the pre-qualified process, the PLC shall verify with the CLA the status of the Taiwan manpower agency.
3. A POEA authorization to participate in the Special Hiring Program for Taiwan may be issued to the agency upon review of the recommendation by the Philippine Labor Center in accordance with the pre-qualification requirements.
III
Accreditation at POEA
Accreditation at POEA
The POEA may accredit, as employer, the authorized Taiwan manpower agency together with the direct employer in accordance with prescribed documentary requirements.
IV
Suspension/Cancellation of Authorization of Taiwan Manpower Agencies
Suspension/Cancellation of Authorization of Taiwan Manpower Agencies
The POEA or the PLC may impose preventive suspension of the authorized/accredited Taiwan manpower agency where there is a prima facie evidence against the latter for violating any of the applicable rules and regulations governing overseas employment. Cancellation of the agency's authorization/accreditation shall be done by POEA after due investigation.
V
Liability
Liability
Accredited Taiwan manpower agencies shall be jointly and severally liable with the Philippine lead or co-agent in case of contract violation or any other violation prejudicial to the worker.
The POEA is directed to formulate guidelines in pursuance thereof.
This order shall take effect immediately.
Adopted: April 14, 1994
(SGD.) MA. NIEVES R. CONFESOR
Secretary
Secretary