Supreme Court E-Library
Information At Your Fingertips

  View printer friendly version

 
Pursuant to the Agreement on Employment of Domestic Workers between the Government of the Republic of the Philippines and the Government of State of Kuwait (“Agreement”), signed on 11 May 2018, and Administrative Order No. 254-A, Series of 2018, signed by Secretary Silvestre H. Bello III lifting the deployment ban for domestic workers to Kuwait and in compliance with Governing Board Resolution No. 02, Series of 2018 on the resumption of deployment of domestic workers to Kuwait, the following guidelines are hereby adopted.

The Philippine Recruitment Agencies (PRAs) and principals shall comply with the following:

A.   Medical Fitness and Work-Readiness of Domestic Workers

1.  Only medically fit domestic workers free from infectious/transferable diseases, as certified by medical clinics accredited by the Department of Health to conduct medical examination for OFWs, shall be deployed for overseas employment;

2.  Only domestic workers within the allowable age; properly trained in accredited training institutions; and properly certified on household work and received satisfactory orientation on Kuwaiti law, customs, traditions, mores, and values shall be deployed;

3.  PRAs shall ensure that their workers are cognizant of the terms and conditions of their employment contracts and oblige them to strictly observe Kuwaiti laws, morals, ethics and customs while in Kuwait;

4.   PRAs shall allow their domestic workers to undergo training in a training center of workers’ own choice except if PRAs pay for their domestic workers’ training costs. Training centers with Technical Education and Skills Development Authority (TESDA) approved curriculum for domestic work shall only charge reasonable training costs and ensure livable and sanitary accommodations for their trainees. This is without prejudice to the issuance of separate guidelines for the regulation and monitoring of training centers for domestic workers;

5.   Only domestic workers with good behavior and without criminal record as certified by the National Bureau of Investigation (NBI) shall be deployed.

B.   Prohibitions on Unauthorized Fees

PRAs, including Foreign Placement Agencies (FPAs) and Employers, shall neither collect unauthorized fees nor impose charges to the salaries of domestic workers in connection with the workers’ recruitment and employment.

C.   Access to Legal Assistance, Communication and Dispute Settlement Mechanisms

1. Domestic workers shall have free access to legal assistance and counseling from concerned offices of both the Kuwaiti and Philippine government. For this purpose, the PRAs shall provide the contact details of the responsible government offices;

2. Domestic workers shall be allowed to possess and use a mobile phone or other communication devices to communicate with the workers’ family and the authorities. The employers are prohibited from confiscating the workers’ mobile phone and other communication devices;

3.  The employer shall not retain any of the domestic workers’ personal identity documents such as, but not limited to their passports. A passport is the property of the Philippine government and should not be in the possession of the employer;

4.  The contracting parties shall have the right of recourse to competent authorities in case of contractual disputes in accordance with applicable laws, rules and regulations.

D.   Renewal of Contract or Transfer of Employer

1.   After the domestic worker has completed the employment contract, no domestic worker shall be compelled to continue working for any direct employer;

2.   If the worker opts to renew her/his contract or to continue working but with a new employer, the domestic worker shall be presented to POLO for the confirmation of his/her consent, and the verification of the renewal or new employment contract, as the case may be;

3.   In cases where the worker, without completing the employment contract but with the consent of the current employer, finds a new employer, the domestic worker shall be presented to POLO for the confirmation of his/her consent, and the verification of the new employment contract.

E.   Escrow  Deposit,  Accreditation  of  Principals  and  Documentation  of Workers

1.  Foreign Placement Agencies (FPAs) hiring domestic workers shall, as condition for their accreditation or the renewal of their accreditation, put up an escrow account in accordance with Section 96(B) of the 2016 POEA Rules and Regulations Governing the Recruitment and Employment of Landbased Workers as amended by POEA Governing Board Resolution No. 10, Series of 2016 providing for a minimum deposit in the amount of Ten Thousand United States Dollars (USD 10,000.00).

PRAs are obliged to inform their FPAs on the procedures for putting up an escrow deposit account.

2.  All documentary requirements for the recruitment and deployment of workers  must  be  verified  by  the  Philippine  Overseas  Labor  Office (POLO) in Kuwait. Individual contracts should be signed by the FPA, the direct employer, the domestic worker, and the PRA.

For purposes of verification and accreditation, the POLO shall require the FPAs or employers to submit the following additional documents:

a.    Employer’s salary certificate or proof of income to prove capacity to pay salary of the domestic workers;
b.    Employer’s complete residential address and contact details;
c.    Name and number of household members and their age/s; and
d.    Relevant information on work area/type of employer's residence.

3.   Both   the   Kuwait-prescribed  employment  contract   and   the   POEA Standard Employment Contract for domestic workers shall be verified, subject to the issuance of the unified employment contract prescribed by the Agreement not later than 90 days from the effectivity of this Circular. The copy of the POEA Standard Employment Contract (SEC) is hereto attached as Annex “A”.

F.   Monitoring and Reporting

1.   The PRAs and FPAs shall monitor the status or condition of its deployed and hired domestic workers and the PRAs shall submit to the POEA Welfare and Employment Office (WEO) quarterly report of their regular monitoring of deployed domestic workers regarding their condition in the direct employer’s household with respect to their food, accommodation, clothing and registration in the Kuwaiti health insurance system covering the worker’s treatment in case of illness or injury due to work and proper compensation for injuries sustained. The PRAs are also directed to monitor if their employers are giving their workers the reasonable opportunity to remit their salaries;

2.  PRAs shall report to the POEA and to the POLO, any violations of the provisions of these guidelines and the employment contract for proper action under the Revised POEA Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino Workers of 2016.

In the event such violation/s poses a serious threat or danger to the safety, security or well-being of the domestic worker, the PRAs and FPAs shall take such measures consistent with the host country laws, rules and procedures in  order  to  promptly  gain  custody  of  the  domestic worker,  and  provide him/her with the appropriate assistance.

G.  Welfare Officer/Counselor

1.   The PRAs, upon deployment of one hundred (100) domestic workers, shall employ or appoint (subject to the acknowledgment of the POEA Licensing Branch) at least one (1) employee as a welfare officer/counselor in its office who shall be exclusively dedicated to monitoring, addressing and resolving the complaints of the domestic workers. This is without prejudice to the issuance of separate guidelines for   the   training   accreditation,  and   evaluation   of,   welfare   officer/ counselor;

2.   The PRAs shall furnish all its deployed domestic workers, the POEA and the OWWA 24/7 Operations Center, with the contact number/details of their respective welfare officer/ counselor;

3.  The  welfare  officer/  counselor  shall  be  accessible  to  the  domestic worker, the POEA and the OWWA 24/7 Operations Center, 24 hours a day, 7 days a week.

H.   Applicability and Effectivity

This Circular shall also cover deployed domestic workers whose employment contracts with the deploying PRAs are still valid prior to its effectivity.
 
This Circular supersedes Memorandum Circular No. 09, Series of 2018.

Further, this Circular takes effect after fifteen (15) days from the date of its publication in a newspaper of general circulation.