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POEA Advisory
Recruitment to Poland OFWs warned on job opportunities in Poland
Ano na ang epekto kung ikaw ay direct hire sa abroad?
ANG DIRECT HIRE OR DIRECT HIRING NG OFW AY PINAGBABAWAL NG LABOR CODE KUNG HINDI ITO APPROVED NG POEA AT DUMAAN SA ISANG LICENSED RECRUITMENT AGENCY. BILANG ILLEGAL NA DIRECT HIRE NA OFW, SIYA AY WALANG PROTEKSIYON LABAN SA PANG-AABUSO NG KANYANG EMPLOYER AT RECRUITMENT AGENCY AT WALANG BENEPISYONG MATATANGGAP KATULAD NG MGA LEGAL NA OFW.
Marami sa mga kababayan natin na OFW ang nakikipagsapalaran na hindi dumadaan sa tamang proseso ng POEA para sa kanilang overseas employment, katulad ng mga direct hire employees.
Bawal ang direct hire ayon sa Article 18 ng Labor Code, which provides that:
ART. 18 Ban on direct-hiring. - No employer may hire a Filipino worker for overseas employment except through the Boards and entities authorized by the Secretary of Labor. Direct-hiring by members of the diplomatic corps, international organizations and such other employers as may be allowed by the Secretary of Labor is exempted from this provision.
Pinagbabawal ito ng Pilipinas upang maiwasan ang exploitation ng mga foreign workers at upang proteksiyonan ang kapakanan ng mga OFW. Kung direct hire ay walang mananagot kung may nangyari o iniexploit ang OFW dahil ang foreign employer ay mahihirapang kasuhan sa Pilipinas dahil nasa ibang bansa siya. Ngunit kung ang OFW ay dumaan sa recruitment agency na nasa Pilipinas, ito ang mananagot sa kapakanan ng mga OFW.
Merong exception dito:
- name hires or individuals who were able to acquire foreign employment through their own efforts without the assistance of local employment agencies; and
- members of diplomatic corps, international organizations and employers who have been previously allowed by the Department of Labor and Employment in the Philippines to conduct direct hiring under the Philippine Overseas Employment Administration (POEA) Rules governing overseas employment.
Kung illegal ang direct hiring, ang OFW ay walang proteksyon sa batas at hindi siya pwedeng magreklamo sa POEA
How much is the salary of factory/production workers/machine operators?
Using 8hrs a day, 5 days a week, and 4 weeks a month
Minimum rate:
- 17.00PLN (Gross / Brutto - before tax deductions) - update Jan 2020
- ~12.30PLN (Net / Netto - after tax and other deductions) - Updated 2020
12.30PLN x 8hrs x 5days x 4 weeks (160hrs a month) = 1968PLN or approximately 26,000.00 PH Pesos
if you are fortunate that your company offers more than 8hrs of work per day...
- 12 hrs (Monday to Friday, 6 hrs on a Saturday x 4weeks (264 hrs a month)
- 12.30PLN x 264hrs a month = 3247.20PLN or approximately 42,900 PH pesos
- 12 hrs, 6days x 4 weeks (288hrs a month)
- 12.30PLN x 288hrs a month = 3524.40PLN or approximately 46,800 PH pesos
Where to apply for work in Poland?
Finding Work Thru an agency
- Check the POEA list of Job offers - here or thru PASEI (Philippine Association of Service Exporters Inc)
- Contact the agency and ask for the necessary requirements
- The agency will contact your future employer.
- Your future employer gets a work permit for you. Unfortunately, the process may take a long time. Even up to 3 months in the most difficult cases. Anyway, when it’s over, he sends you one of three official copies.
- Currently, you need to go the Polish Embassy in Kuala Lumpur, Malaysia to file your work visa application.
- Once you got your work visa, we recommend to still go to POEA and acquire the necessary OEC. This might be another difficult and lengthy procedure but it will secure for you the necessary protection as an overseas Filipino worker.
- You can now go Poland and work to your polish employer
Sa mga nagtatanong kung sino irerekomenda naming recruitment agency, di po naming puedeng gawin Yan. Basta magpunta sa POEA. Maliban sa POEA, puede pong magtanong sa PASEI kung sino ang ethical recruiters nila. Di po namin binibigyan ng kasiguraduhan na ang POEA-licensed agency ay di gumagawa ng kabulastugan. Pati rin ang PASEI member. Pero pag sisingil sila ng malaki, back-out na.
Labor Attaché Cheryl L. DaytecOffice of the Labor Attaché
Philippine Mission to the United Nations
47 Avenue Blanc, 1202 Geneva
Tel: +41 22 7161930
polo_geneva@dole.gov.ph
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If you are already in Poland, please check this site for updates on Job Vacancies:
How much is the placement fee for work agencies in the Philippines?
As per law, the agencies are allowed to charge a placement fee equivalent to the monthly salary as stipulated in the employment contract. The amount, however, does not include documentation and processing costs.
It should be clear on what other fees they are charging and it should not be excessive. There are reports that there are agencies which are requiring applicants to undergo Polish Language Course. Others are already charging permanent residency application (this will be discussed further).
* Documentation costs include fees for passport, NBI and/or Police clearance, medical examinations, medicare premium, trade tests, authentication, birth certificate.
POEA Rules and Regulation on Fees, Costs and Contrubutions / Placement Fee - 21 Jan 2002
Tanung lang po, May habol ba ang aplicante sa mga third country recruitment agency, kung ito ay nag bayad at hindi napa alis ni illegal na agent or agency katulad po ng mga galing Taiwan, Hong Kong, Middle East, Thailand? At Kung sakali meron complainant at anung case pwede ma file sa mga ganito pangyayari??
Walang habol sa Pilipinas. Habulin sila sa bansa kung saan ka niloko. Kung may Filipinong involved, you can submit a sworn statement to the Department of Justice. They can use the mutual legal assistance treaties to assist you. They can put the Filipino on the immigration watchlist.Can a holder of a residence permit in Poland travel to the UK?
No, they cannot, because the United Kingdom does not belong to the Schengen Area.
After 3 years of having a Polish TRC, you can be a citizenship of any European country...
False - even just to have long-term EU or permanent residency requires you to be in Poland for at least 5 years and with a lot of other requirements. Polish citizenship requires you to be in Poland for at least 10 years.
An immigration agency is offering help in providing me a work permit. Is this enough?
Work permit just entitles you to have a work on a specific company and a specific labor task. You need to make sure that you also have a job offer and contract and they will provide work for you once you arrive in Poland.
** There are cases in the Middle east that agencies are scamming Filipinos, Indians, Nepalese. They offer services that lures applicants to go to Poland and they will help them acquire TRC. One promise is that upon arrival in Poland, the applicant is already sceduled to go do his TRC application and the agency will provide all necessary documents (job contract, certificate of accomodation/meldunek etc). Then the applicant can go back to Middle East and should continue his/her work but every month he/she needs to transfer money as a payment to his monthly income tax as to show that he/she is employed in Poland. Part of the TRC application process is that border guards or immigration officers does random checks in the declared accomodation and workplace. So once they have found out that you are not physically present in your declared residence and workplace, it is automatic rejection of your TRC.
My agency is charging me fee for the processing of my permanent residence in Poland
You can only apply for permanent residency after 5years of staying in Poland. Thus your agency should not already charge you for that.
Additional info:
Fees when applying for...
- Temporary Residence Card: 440pln (6028pesos) plus 50pln (685pesos) for printing
- Long Term EU or Permanent Residence Card: 640pln (pesos) plus 50pln (685pesos) for printing
How about working in the IT sector or office admin or in banks?
Office admin and banks requires a lot of interactions with polish people so fluency in their language in necessary. Moreover, to work in banks requires a deep knowledge in their policies and regulations.
In the IT sector, if the hiring company is a multi-national one, usually they do not require fluency in polish language. You need to have a rare and high-demand skills to be hired.
After a year of working, we can apply to work in other Schengen countries
You cannot use your Polish work visa or Polish Residence Card to work in other Schengen countries. You first need to look for an employer who are willing to sponsor your work permit and your residency in that country.
** Currently, there are a lot of migrants in other Schengen countries, so the chances of looking for an employer who are willing to sponsor a new worker in that country is quite low.
** you can stay sa ibang Schengen countries for a maximum of 90days (within a period of 180days) and only as a tourist or visitor. You might have difficulty going around or going back to Poland kapag lumampas ka na sa 90 days
Sino ba dapat ang sumagot ng visa application/appearance Agency/Employer or Applicant?
No certain rules or law. Basically if you applied thru a work agency, you will have to shoulder the cost. Ginamit din ngayon ng agency ito na kumita as they require their applicants to book thru them. So they get commission sa pagbook ng accommodation and flight. But if you are highly-skilled and direct-hired kayo, usually your future employer will shoulder everything. They will even hire a relocation agency who will help you and advise you in the documents you need in applying a visa
A work agency in Poland is hiring me
- You need to verify if it is a legit company ==> How to check if an employer exists?
- If you wanted to be employed with them, they need to have a partner work agency in the Philippines which is accredited by POEA
- You need to clarify with them if what are the documents that they will provide to you (i.e. work permit, job contract with a red ribbon by the Phil Embassy in Warsaw)
- any fees and others expenses and who will shoulder it
** again, it may seems to be a shortcut if you got hirect directly by a work agency in the Philippines but you need to weigh this option as if you will not go through POEA you will have no protection as a Filipino Overseas Worker. What if something happened to you while working abroad? What if you need to be repatriated?
Related Post: What You Need to Know In Case Someone from Abroad Hired You
I have a permit to settle in Poland. Can I take up work in Germany?
A foreigner holding permanent residence in Poland can take up work only in Poland. To be able to work in Germany, a foreigner needs to obtain a work permit in that country.
In almost all EU countries, the first step to getting a work permit is finding an employer. The employer then applies for permission to employ a foreign employee. This permit is then the basis for obtaining a visa with the right to work.
Do I need a work permit if I have a temporary residence card as a full-time student of a Polish university? Can I work based on a labour contract?
If you have a temporary residence permit for a fixed period that was issued on the basis of your enrolment in a full-time course of study in Poland, then you may work without a work permit throughout the validity period of your residence permit. This means that your future employer may employ you on the same terms that apply to Polish citizens. The employer also has to sign a contract with you. Such a contract may be a labour contract but also a contract of mandate or a contract of commission. In the case of labour and mandate contracts, your employer is obliged to register you at the Social Insurance Institution (ZUS) within 7 days of the moment of commencement of the performance of work. In the case of employment under a labour contract the employer should also comply with the provisions of labour law, including the time of work (e.g., as a rule, the time of work should not exceed 8 hours per day and 40 hours per week on the average), and the minimum wage – in 2018 it is PLN 2940 gross for full-time employment.Job Opportunities/Job Vacancies
Benefits of an OWWA member
What You Need to Know In Case Someone from Abroad Hired You
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