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(NAR) VOL. 20 NO.1 / JANUARY – MARCH 2009

[ POEA MEMORANDUM CIRCULAR NO. 09, S. OF 2008, December 23, 2008 ]

GUIDELINES ON THE DOCUMENTATION, REGISTRATION AND DEPLOYMENT OF DIRECT HIRE FILIPINO SEAFARERS



Pursuant to Governing Board Resolution No. 05, Series of 2008, providing for the documentation, registration and deployment of direct hire Filipino seafarers, and in order to provide better protection to them, the following guidelines are hereby issued for the guidance of all concerned.

A. Coverage

These guidelines shall cover the following seafarers:

1. Direct hire seafarers or those who are able to secure sea based employment opportunity without the assistance or participation of a manning agency

2. Re-engaged direct hire seafarers who will be working with the same employer under a new contract of employment. Re-engaged seafarers whose employer has subsequently tied up with a manning agency for its manpower requirement shall be processed by the said manning agency

3. Direct hire seafarers who are on emergency leave and shall return to the same employer to serve the unexpired portion of their employment contract.

B. Documentary Requirements for the Processing of Direct Hire Seafarers

1. New Hires

a. Standard Employment Contract for Filipino seafarers duly signed by the employer and the seafarer, verified by the Philippine Overseas Labor Office (POLO) or authenticated by the nearest Philippine Embassy or Consulate

b. Valid Seafarer’s Identification and Record Book (SIRB)

c. Seafarer’s Registration Certificate (SRC)

d. Duly accomplished OFW Information Sheet

e. Valid Certificate of Medical Fitness to work from a DOH-accredited medical clinic

f. Valid passport

g. Guarantee letter from the principal on visa issuance

h. Plane ticket or booking certificate

i. Certificate of Attendance to the Pre-Departure Orientation Seminar (PDOS) conducted by the Workers Education Division of POEA

j. Certificate of Proficiency from the National Assessment Center (NAC)

k. Certificate of Competency from TESDA (if applicable)

l. Certificate of Competency from PRC (for Marine Officers)

m. Copy of vessel registration, if necessary

2. Re-engaged direct hire seafarers

a. Standard Employment Contract duly signed by the employer and the seafarer, verified by POLO or authenticated by the nearest Philippine Embassy or Consulate

b. Valid Seafarer’s Identification and Record Book (SIRB)

c. Seafarer’s Registration Certificate (SRC)

d. Duly accomplished OFW Information Sheet

e. Valid passport

f. Plane ticket or Booking Certificate

g. Guarantee letter of the principal on visa issuance

3. Returning direct hire seafarers

a. Copy of verified or authenticated standard employment contract duly processed by POEA

b. Valid seafarer’ Identification and Record Book (SIRB)

c. Seafarer’s Registration Certificate

d. Plane ticket or Booking Certificate

e. Duly accomplished OFW Information Sheet

C. Medical Examination

All direct hire seafarers shall be required to undergo a pre-employment medical examination (PEME) at a medical hospital or clinic accredited to conduct PEME for overseas workers by the Department of Health or foreign embassy or consulate in Manila where medical examination is a requirement for the issuance of visa. The medical certificate presented to embassy/consulate should be valid and issued not more than three (3) months prior to submission to POEA for contract processing.

D. Pre-Departure Orientation Seminar

All direct hires shall be required to attend a pre-departure orientation seminar to be conducted by the POEA.

E. Payment of Fees

The following fees shall be paid upon processing of employment contract:

1. New Hires and Re-engaged seafarers:

a. POEA processing fee - P200.00
b. OWWA contribution - US$25 or its peso equivalent

2. Returning seafarers:

POEA processing - P100.00

F. Ban on Name Hiring by Employers Accredited/Registered with a licensed Philippine Manning Agency

Foreign employers who are registered/accredited with a licensed Philippine manning agency are not allowed to directly hire Filipino seafarers. Direct hires whose employers are already accredited/registered with a manning agency shall be referred to the manning agency for the processing of their employment contracts.

G. Transitory Provisions

Direct hires whose contracts were verified and/or those whose visas were issued on or before the effectivity of this Memorandum Circular shall be processed by the POEA, subject to the compliance with documentary requirements and clearance by the Administrator.

H. Registration at the POEA Regional Centers/Extension Units

Seafarers may also be processed as direct hires at any of the POEA Regional Centers and Regional Extension Units in the provinces in accordance with these guidelines.

I. Repealing Clause/Date of Effectivity

All previous issuances inconsistent herewith are hereby deemed modified, amended and/or repealed.

These guidelines shall be effective fifteen (15) days from publication in a newspaper of general circulation.

For compliance.

Adopted: 23 Dec. 2008

(SGD.) JENNIFER JARDIN-MANALILI
Administrator

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