Pursuant to 2016 POEA Revised Rules and Regulations, Section 123 – Ban on Direct Hires. – No employer shall directly hire an Overseas Filipino Workers for overseas employment.
Who are exempted from ban on direct/name-hire processing?
- Member of the diplomatic corps;
- Members of International organizations;
- Heads of state and government officials with the rank of at least deputy minister; or
Other employers as may be allowed by the Secretary of Labor and Employment, such as:
- Those provided in (a), (b) and (c) who bear a lesser rank, if endorsed by the POLO, or Head of Mission in the absence of the POLO;
- Professionals and skilled workers with duly executed/authenticated contracts containing terms and conditions over and above the standards set by the POEA. The number of professional and skilled Overseas Filipino Workers hired for the first time by the employer shall not exceed five (5). For the purpose of determining the number, workers hired as a groups shall be counted as one; or
- Workers hired by a relative/family member who is a permanent resident of the host country.
What are the documentary requirements?
- Request Letter from the company/employer, addressed to Labor Attache requesting to direct hire skilled worker(s) from the Philippines;
- Information Sheet form (1 copy)
- Passport with validity period of not less than six (6) months from intended date of departure;
- Valid Work Visa, Entry/Work Permit of the employee or approved quota from the HK Immigration. If visa assurance or guarantee is issued by employer, the same should be noted/acknowledged by the HK Immigration.
- Original Employment contract Notarized/Declared under oath, originally signed by the employer and the employee (1 original and 2 copies)
- Provisions should be compliant with Sec 124.d.2, Rule II, Part III, of the POEA Revised Rules 2016. (sample copy is attached)
- Certified Extract of Information on the Register (IRBR37) from Business Registration Office.
- Business Registration of the company (3 copies)
- Hong Kong ID of the Employer/signatory in the Employment Contract (3 copies)
How much are the verification and authentication fees?
Verification fee = HK$ 80.00
Authentication fee = HK$ 200.00
Note: For head of Consulate/Embassy verification fee is gratis.
Where to submit the documents?
Submit all documentary requirement to Philippine Overseas Labor Office (POLO) Hong Kong located at 11th Floor, Admiralty Centre (Tower1), No. 18 Harcourt Road, Hong Kong. The POLO is receiving application from Monday to Thursday, 2:00 p.m. to 4:00 p.m
What are the processes involved?
Verification of employment documents by the POLO HK which will involve: (1) review and evaluation of documents, (2) inspection of the workplace, (3) interview of the company representative, and (4) approval.
Authentication Process by the Philippine Consulate General.
How long will be the processing time be?
Process time varies depending on the completeness of documents and how fast the schedule of inspection and interview can be scheduled/done.
Where and how to claim the verified and authenticated contract?
On the designed release date, employer should bring the O.R. issued by POLO, and pay the authentication fee (HKD 200.00) at the designated PCG Cashier Counter located at the 14th Floor, United Center Building before they can claim the employment documents.
Note: The employer or the employee or the immediate members of their families (with letter of authorization from the employer) may claim the processed document including endorsement letter to POEA at the Consulate.