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(NAR) VOL. IV NO. 3 / JULY - SEPTEMBER 1993

[ POEA MEMORANDUM CIRCULAR NO. 32 s. 1993, June 30, 1993 ]

GUIDELINES ON NOTICE OF APPLICATION FOR ISSUANCE AND GRANT OF LICENSE AND FOR THE CONDUCT OF ORIENTATION SEMINAR FOR EXECUTIVE OFFICERS



Pursuant to Governing Board Resolution No. 07 (Series of 1993) which requires that notice be given to the public of all applicants for issuance of license, as well as newly issued licenses, and Governing Board Resolution No. 08 (Series of 1993) which directs the Administration to conduct orientation seminars for executive officers of newly-licensed agencies, and those applying for renewal of license, the following guidelines are hereby issued for the guidance of all concerned:

I
Notice of application for issuance and
Grant of License

A.        All applications filed with the Licensing and Regulation office are covered by this Circular.  An application shall be deemed duly filed if the corresponding application fee has been paid, and the official receipt to prove payment is submitted together with the application.

B.        Within two (2) days from receipt of the application, the Licensing and Evaluation Division, Licensing Branch shall post the following information with the corresponding notice in at least two (2) conspicuous areas within the premises of the POEA, particularly at the Ground Floor Lobby and at the Bulletin Board located at the 4th Floor of the POEA Building, and at the Lobby of the building housing the office of the Secretary of Labor and Employment.

Notice

The following have applied for the issuance of authority/license as service contractor/manning agent:

Applicant representative incorporator/partners owner address

Any objection/complaint/comment against the application may be submitted to the office of the Director, licensing and Regulation Office, 4th floor, POEA Building, or to the Office of the Secretary, Department of Labor and Employment, DOLE Building, Muralla St., Intramuros Manila within five (5) working days from date of this notice.

If, after such period no objection/comment has been received, the POEA shall proceed with the evaluation of the application to determine if they can be allowed to participate in the Overseas Employment Program.

The Administrator

C.        Notice of application shall remain posted for a period of one (1) week from date of posting.

D.        All parties who have valid grounds to oppose the application may file their opposition, clearly stating the grounds therefor, not later than five (5) working days from the last day of posting.  Should no such opposition be filed, the Licensing and Evaluation Division shall proceed with the evaluation of the application.

E.        Announcements as to newly approved licenses shall be made one (1) day after the new license has complied with all post approval requirements.  Such announcement shall likewise be posted in the areas mentioned in Section B hereof.

II
Orientation seminar for Executive Offices of Agencies

A.        All newly license agencies, and those applying for renewal of license are covered by this Circular.  The term executive officers shall refer to the officers who are actively involved in the day-to-day operations of the company, with actual management and decision-making authority.  Each agency is obliged to send at least two (2) of its executive officers for orientation, at least one (1) of whom shall be an authorized signatory for the company.

B.        The Licensing and Regulation Office (LRO) shall be the lead office in the implementation of this program, and shall be responsible for the supervision and monitoring of all activities related to this program.

C.        The following schedule shall be followed in the conduct of orientation seminars:
  1. For newly licensed agencies:  Duly authorized executive officers of the agency shall undergo an orientation seminar within six (6) months from issuance of license.

  2. For agencies applying for renewal:  Duly authorized executive officers of the agency shall undergo an orientation seminar at least six (6) months before the expiration of license, and prior to application for renewal of license.
D.        The seminar shall be conducted over a five day period of four (4) hours per day for a total of twenty (20) hours, which must be completed before a certification of completion is issued to the participant.

E.        Coverage of the seminar shall include; among others:
  1. LRO concerns:

    1. appointments/termination of staff
    2. requirements for branching-out/extension offices/studio
    3. payrolling requirements/relaxation privilege
    4. cash bonds/escrow deposits
    5. inspection procedures
    6. provincial authority
    7. placement of advertisements
    8. LAC procedures

  2. PSO concerns

    1. accreditation/transfer of accreditation
    2. blacklisting of principals
    3. contracts processing
    4. Client Referral Assistance

  3. WEO concerns

    1. procedure of welfare services
    2. orientation program
    3. registration
    4. Code of Discipline for Agencies/ocws

  4. AO concerns

    1. procedure on employee-employer relationship cases
    2. procedure on recruitment violation cases
    3. disciplinary action cases
    4. cancellation/revocation of license
F.         A minimum fee shall be charged all participants to the seminar to cover costs of the hand-outs and refreshments.

G.        Completion of the seminar and the corresponding certification shall constitute compliance with one of the conditions for renewal of license as specifically stated in G.B. Resolution No. 08 (1993).

This Circular takes effect immediately.

For strict compliance.

Adopted: 30 June 1993

(Sgd.) FELICISIMO O. JOSON, JR.
Administrator
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