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Recruitment Agency

The document outlines the requirements for land-based overseas Filipino workers, including having a minimum capitalization, not being disqualified under certain conditions, applying for a license by submitting documents and fees, obtaining a provisional license valid for 3 years, upgrading to a regular license, renewing the license, and maintaining an escrow deposit.

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dan pepito
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30 views4 pages

Recruitment Agency

The document outlines the requirements for land-based overseas Filipino workers, including having a minimum capitalization, not being disqualified under certain conditions, applying for a license by submitting documents and fees, obtaining a provisional license valid for 3 years, upgrading to a regular license, renewing the license, and maintaining an escrow deposit.

Uploaded by

dan pepito
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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REQUIREMENTS FOR LANDBASED OVERSEAS FILIPINO

WORKERS

(BASED ON 2023 DEPARTMENT OF MIGRANT WORKERS RULES


AND REGULATIONS)

1. QUALIFICATIONS

- Sole proprietor; or partnership; or one-person corporation; or


corporation Seventy-Five percent (75%) of the authorized and
voting capital stock is owned and controlled by Filipinos;
- Five million Pesos (Php 5,000,000.00) minimum capitalization (for
sole proprietorship/partnership) or minimum paid-up capital in-
cash (corporation). The same must be maintained during the
duration of the license.

2. DISQUALIFICATIONS

- Travel agencies and sales agencies of airline companies;


- Shareholders, officers or members of the Board of Directors of any
corporation or partners in a partnership engaged in the business of
a travel agency;
- Individuals, partners, officers or directors of an insurance company
providing insurance contract under compulsory coverage for
agency-hired Overseas Filipino Workers (OFWs);
- Sole-proprietors, partners, officer and/or members of the Board of
Directors, including individuals with derogatory records, such as,
but not limited to the following:

a. Convicted or against whom a probable cause is


determined by a competent authority for the following:

§ Illegal Recruitment;
§ Trafficking in persons; or
§ Such other crimes or offenses committed in the course
of, related to, or resulting from, illegal recruitment, or
for crimes involving moral turpitude; or
b. Agencies whose licenses have been revoked for violation
of RA 11641 (Department of Migrant Workers Act), RA
8042 (Migrant Workers and Overseas Filipino Act of 1995),
as amended, PD 442 (Labor Code of the Philippines), as
amended, and RA 9208 (Trafficking in Persons Act of
2003), as amended, and their implementing rules and
regulations;

c. Those licenses whose licenses have been cancelled for


violation of recruitment laws and regulations.

- Any individual included in the list of persons with derogatory


record for violation of recruitment laws and regulations; and
- Any official or employee of DMW, OWWA, DFA, DOJ, DOH, BI,
IC, NLRC, TESDA, CFO, NBI, PNP, Civil Aviation Authority of the
Philippines (CAAP), international airport authorities, and other
government agencies directly involved in the implementation of
RA 11641 (Deparment of Migrant Workers Act), RA 8042 (Migrant
Workers and Overseas Filipino Act of 1995), as amended, PD 442
(Labor Code of the Philippines), as amended, and RA 9208
(Trafficking in Persons Act of 2003), and/or any of his/her relatives
within the fourth civil degree or consanguinity or affinity.

A foreign recruitment agency, principal, or employer is likewise


disqualified to own and/or participate in the management and/or
operations of a licensed Philippine recruitment agency.

Application for issuance of License to engage in the recruitment and


deployment of OFWs shall be submitted to the Licensing and
Regulation Board (LRB) of the Department.

3. APPLICATION FOR LICENSE

- Upon submission of complete and compliant documentary


requirements, applicant shall pay the amount of Fifty Thousand
Pesos (Php 50,000.00) as filing fee which shall be non-refundable.
- The proponents, including major stockholders, shall undergo a
panel interview to determine qualifications and fulfillment of
requirements.

4. PROVISIONAL LICENSE

- After satisfying all the requirements, the Department shall issue a


Provisional License valid within a non-extendible period of Three
(3) years from date of issuance.
- Payment of Two Hundred Thousand Pesos (Php 200,000.00) shall
be made before issuance of license.

NOTE: Provisional license does not allow the agency to deploy


domestic workers during the validity of provisional license.

5. REGULAR LICENSE

- Within Three (3) months from expiration of the Provisional License,


the agency may upgrade to a regular license upon submission of
documents/requirements as may be prescribed by the Department.
- Payment of License Fee in the amount of Two Hundred Thousand
Pesos (Php 200,000.00) as mentioned above.
- Validity of Six (6) years from the date of issuance of the Provisional
License unless sooner revoked, terminated, suspended, or cancelled
by the Secretary or his/her duly authorized representative.

6. RENEWAL OF LICENSE

- Submission of application for renewal of its license within Three (3)


months prior to termination of license.
- Payment of Renewal of License Fee in the amount of Two Hundred
Thousand Pesos (Php 200,000.00).

7. ESCROW DEPOSIT

- A licensed recruitment agency shall maintain at all times its escrow


deposit in the minimum amount of One Million Five Hundred
Thousand Pesos (Php 1,500,000.00) which shall answer for all valid
and legal claims arising from contract of employment and violation
of grant and use of the license, including fines imposed by the
Department.

NOTE: Escrow deposit is separate from capitalization requirement.

- Escrow deposit shall be released upon voluntary surrender of


recruitment license or in case of its non-renewal of license.

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