(NAR) VOL. 29 NO. 2/ APRIL - JUNE 18
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;B. Prohibitions on Unauthorized Fees
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.
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;D. Renewal of Contract or Transfer of Employer
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.
1. After the domestic worker has completed the employment contract, no domestic worker shall be compelled to continue working for any direct employer;E. Escrow Deposit, Accreditation of Principals and Documentation of Workers
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.
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).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.
PRAs are obliged to inform their FPAs on the procedures for putting up an escrow deposit account.
a. Employer’s salary certificate or proof of income to prove capacity to pay salary of the domestic workers;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”.
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.
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;H. Applicability and Effectivity
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.