The Department of Justice released a memorandum to the general public in regards to the promulgated rules on the departure procedures for Foreign bound travelers in all airports and seaports across the country.
The primary objective of this regulation is to safeguard the rights of all OFWs against trafficking in persons, unlawful recruitment and other associated violations.
Listed here are the rules for OFWs:
I. First Time Overseas Filipino Workers
A. OFWs should present the following documents as authenticated by the Labor Assistance Center:
3. Airline/Sea craft Tickets
4. Overseas Employment Certificate
B. Permitted Visa Usage based on POEA Rules and Regulations
If there is any sort of disproportion in the actual job position title in the visa and in the Overseas Employment Certificate, travel may definitely granted on condition that the POEA through its LAC, has verified and permitted the variance based on the following:
1. The visa category relates to the workers’ position or in line with the principal’s nature of business;
2. The recruitment agency carries out an Undertaking on Visa Usage; and
3. The worker recognizes the visa discrepancy situation and contains executed a Declaration of Awareness and Consent.
C. Instance When Visa Usage is not allowed based on POEA Rules and Regulations
The use of Visa Usage Undertaking, however, does not, and can never, apply to Household Service Workers. The visa category needs to be strictly for household-based positions, otherwise, a traveler won’t be approved for departure and the abovementioned documents shall be seized for additional inquiry and proper action.
D. For Acts Involving Reprocessing of Contracts and Other Documents
OFWs in possession of “reprocessed” documents shall not be cleared for leaving.
Based on R.A. No. 10022, the following constitute acts of reprocessing:
1. The job description as suggested for the job visa differs from any other relevant documents such as the Overseas Employment Certificate, the PDOS Certificate, among others;
2. The actual job as promised or offered differs from the specific overseas work as indicated in the pertinent documents; and
3. The employer or recruiting company as indicated in the work visa and/or OEC aren’t one and the same.
All documents used under the afore-mentioned provision shall be seized and surrended to the POEA for more inquiry and appropriate action.
II. Balik Manggagawa or Returning Workers
A. The following OFWs belong to the category of Balik-Manggagawa/Returning Workers:
Worker-on-Leave is on vacation or on leave from work under a legitimate and current work contract and who is going back to the same employer, irrespective of any change in jobsite, to complete the rest of the unexpired part of contact.
Rehire is a worker who has been rehired by the same employer after completing his contact and who is going back to the same employer, irrespective of a change in jobsite.
POLO registered worker is a returning worker whose job contact was not processed with the POEA but was consequently confirmed and registered with the Philippine Overseas Labor Office in the jobsite and who is returning to the same employer either as a worker-on-leave or rehire, regardless of any change in jobsite. Same employer refers to the current employer of the worker at the time he/she came home for vacation and to whom he is returning to resume employment upon return to jobsite.
B. Balik-Manggagawa OFWs shall be required to present the following:
2. Valid visa
3. Airline/sea Craft Ticket
4. OEC issued onsite by the POLO or by the POEA
C. In case of incomplete or questionable documentary requirements, the OFW shall be referred to the POEA-LAC for further investigation and proper action.
III. Overseas Filipino Workers on holiday but visiting other countries before going back to original destination
A Balik-Manggagawa OFW with a valid visa and existing work contact who intends to go to other countries while on vacation need not get a POEA travel exit clearance. Hence, he is considered a tourist and is not exempt from travel tax and terminal fee, but shall be permitted to travel.
IV. Special Travel Exit Clearance
Pursuant to a Memorandum of Agreement between POEA and BI, the following are needed to secure Special Travel Exit Clearance from the POEA:
1. PEZA registered companies sending their employees to South Korea for training course with worker trainee visas;
2. Seafarers who are under the employment of a Philippine shipping company who are assigned to accompany or “conduct” a vessel that is being imported by the said shipping company from a foreign port to the Philippines, also known as “conduction crew” simply because remain to be under the employ of their local companies;
3. Filipino seafarers who are instructed to undertake special training abroad as recommended by the prospective foreign employer;
4. Filipino workers and spouses who are covered by the Work to Residence Policy, and who requested immigration to New Zealand with no prearranged employment with an employer before their departure; and
5. Filipino workers needed to undergo final interview or qualifying assessment overseas as approved by the prospective foreign employer.
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