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Direct-Hire Exemption

By pinoysinpoland


Philippine labor laws and regulations prohibit overseas employers from directly hiring Filipino workers. This means if you’ll work abroad, your employer should have hired you through a POEA-accredited recruitment agency. Such a rule is meant to protect OFWs against abuse, exploitation, or any violation of their worker rights.
  • There is a BAN (restriction) on direct hire (pursuant to DOLE Administrative Order No. 196, ser. Of 2018 in relation to Article 18 of the Labor Code of the Philippines (ban on direct hiring), Republic Act 10022, and the Revised Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino Workers of 2016) POEA Memorandum Circular No. 08, Series of 2018
  • Hiring thru the direct hire is only limited to Members of the Diplomatic Corps; International Organizations; and Heads of State and Government Officials with the rank of at least Deputy Minister
  • Other employers/companies may apply for exemption from the ban which will be subjected to POLO’s evaluation and subsequent recommendation for POEA’s approval.


THE FOLLOWING CRITERIA MUST BE PRESENT:
  • The Job Category/Position is strictly Highly skilled/Professional (Managerial, Supervisory, Technical Level e.g. Engineer, Professor, etc.)
  • The compensation package/benefits should be over and above the minimum required by POEA (e.g. High salary and with other benefits, allowances etc.)
  • The person to be hired must be at least college graduate and has adequate expertise/knowledge and work experience related to the job (with good credentials)

Again, check this POEA Memorandum Circular. for more details on the criteria for exemption and non-exemption of foreign employers from the direct hiring ban.

If you’ll work for an exempted employer, you may apply for a POEA Clearance from the direct hiring ban exemption. This document is a requirement for the OEC application of directly hired OFWs. Checklist of Requirements for Evaluation of Direct Hire Application can be found here

However, if your employer is not exempted from the direct hire ban, you’re required to avail of the services of a licensed recruitment agency. List of POEA-accredited agencies with Job Order to Poland

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