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FM-POEA
03-IR-01A
Effectivity Date: 16 May
2012
Page 1 of 4
PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION
Licensing and Regulation Office
Licensing Branch, Licensing and Evaluation Division
CHECKLIST OF REQUIREMENTS FOR ISSUANCE OF LICENSE
1 . Written application for issuance
of
license
2. Applicant Information Sheet for Issuance
of
License (FM-POEA-03-IR-01 B)
3.
Proof of business registration and minimum P2 million paid-up/capitalization (whichever is applicable)
) SEC Certificate of Incorporation
Corporation
Partnership
) DTI Certificate of Business Name Registration Indicating business purpose and capital investment
4.
Proof
of
financial capacity
For Sole Proprietor:
( ) Bank certificate on savings account deposit showing a maintaining balance
of
at least
P500,000.00
) Bank Certificate
f\
the remaining balance of the 2 Million Capitalization of the agency
) Authority to examine bank deposits signed by the authorized signatory of the agency
) Individual Income Tax Returns with confirmation receipt of payment for the past 2 years of the
Proprietor
For Newly Registered Corporation/Partnership:
( ) Bank certificate on savings account deposit showing a maintaining balance of at least
PSOO,OOO.OO
( )
Bank
Certificate on the remaining balance
of
the 2 Million paid up capital of the agency
( ) Authority to examijne bank deposits signed
by
the authorized signatory of the agency
( ) Individual lncome Tax Returns with confirmation receipt of payment/Electronic payment
document
for
the
past
2
years
of
the Board
of
Directors/Partners
) SIR tax exemption certificate.
if
tax exempt •
For
Existing Corooration/Partntrship:
( ) Bank certificate on savings account deposit showing a maintaining balance of at least
P500,000.00 .
( ) Bank Certificate on the remaining balance of the 2 Million paid up capital of the agency
( ) Authority to examine bank deposits signedby the authorized signatory of the agency
( ) Audited financial statements and Corporate Income Tax Returns for the past 2 years
( ) Individual Income Tax Returns with confirmation receipt of paymentJEiectronic payment
document for the past
2
years of the Board of Directors/Partners
) BIR tax exemption certificate, if tax exempt
If applicant agency has corporate
( ) Articles of Incorporation
( ) Board Resolution/Secretary's Certificate on designated authorized representative
( ) Financial statemen t for the past
two
(2)
years
( ) Corporate Income Tax Returns with confirmation receipt of payment for the past two
.2)
years
5.
Proof of
Mai'Keting Capability
For Landbat•d
Agenctas:
( ) 8peolil
Power
of
Attorney
(SPA) recruitment
lgreem nt
verified by the Philippine
OverseliiS
l..abot Otfiee nel lri Uit the jobsite or
iliUthi l'lticoted
by the Philippine Embassy
11 1
ea86
is
htl
POLO
at
the jbbsite
) Manpowet' request/job order C f not le$8 than 100 workers verified by the POLO or
•uthenticated by the Philippine Embassy in the absence of a POLO
( ) CertifiCation from the Pre·Employment Servioes Office (PSO) that tht principal is a
new
market
( ) Business registration of the principal
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FM-POEA 03-IR-01A
Effectivity Date: 16 May 2012
IN
CASE THE PRINCIPAL IS·A FOREIGN PLACEMENT AGENCY:
Page 2
of
4
( ) Manpower request
of
the direct employers addressed to the Foreign Placement
Agency verified by the POL0 or authenticated by the Philippine Embassy in the absence of a .
POLO
) Certificat ion from the Pre-Employment Services Office (PSO) that the direct employers are new
markets
) License/registration of the principal to operate a placement agency
For Seabased Agencies:
( ) Special Power of Attorney (SPA) verified by Philippine Overseas Labor Office (POLO) or
authent icated by the Philippine Embassy/ Philippine Consulate in the absence
of
a POLO
) Manning agreement verified by the POLO, or authent icated by the Philippine Embassy/
Philippine Consulate in the absence
of
a POLO;
) Crew order request of not less than
50
seafarers verified by the POLO or authenticated by
the Philippine Embassy Philippine Consulate in the absence
of
a POLO
) Certification from the Pre-Employment Services Office (PSO) that the principal and vessel are
new
markets
) Business registration
of
the principal
6
Notarized Af fidavit
of
Undertakings (AU)
For Landbased Agencies
( ) AU per section
1
(f)
A Verified undertaking stating that the applicant:
1
Shall select only medically and technically qualified recruits;
2
Shall assume full and complete responsibility for all claims and liabilities which may arise
in
connection
with the use of the license;
3
Shall assume joint and solidary liability with the employer for all claims and liabilities which may arise
in connection with the implementation of the contract, including but not limited to payment
of
wages,
death and disability compensation and repatriations.
4
Shall guarantee compliance with the existing labor and social legislations of the Philippines and of the
country
of
employment
of
the recruited workers;
5 Shall assume full and complete responsibility for all acts of its officials, employees representative done
in connection with recruitment and placement.
2
Shail negotiate
for
the best terms and conditions
of
employment.
3
Shall disciose the full terms and conditions
of
employment to the applicant workers;
8.
Shall deploy
at
least 100 workers to it s new markets within one (1) year from the issuance
of
its
license;
9
Shall provide orientation on recruitment procedures, terms and conditions and other relevant
information to its workers and provide facilities therefore; and
10 Shall repatriate the deployed workers and his personal belongings when the need arises.
( ) AU
per
section 1 (g)
In case
of
corporation or partnership, ve
ri
fied undertaking by its officers. directors, partners that they will
be
jointly and severally liable with the company over claims arising from employer-employee relationship.
For Seabased Agencies
( ) AU per section 1 (e)
A verified undertaking stating that the applicant shall:
1 Provide its seafarers orientation on recruitment policies and procedures, terms and conditions of
employment and other relevant information;
2
Ensure that any seafarers recruited or deployed by them is qualified and holds the documents
necessary for the jClb concerned; ·
3. ensure that
contraotll
of
employm•nt are
irl
accordance with the standard employment contract and
oth•t aji)plicabl• laws,
regulation&
a.hd collective
bargalnlrlg agteementai
,.,
nsur• that •••filter
erit
lnf'oN'I 'ed of
their rights
and duties under tl'\tir contract• of
employment and
the
articles ot aQrlrteme
rlt tc bt lh
the procttu of engagement;
5,
Eneure
tl'uat
proper ctrrangftmantt are made for
fJQifl lr.rs
to examine their eontrac:ta of empltlyrmtl'lt
and
artiCles of agreement before
and
tafter th&y
art
llgned and for
to receive a
opy of
the
contract of
employment;
e Ensure
that
the
veasel/s and
the crew are adequately
covered by
P & I Club
or
aimlllr lhauranoe thru
the submission of the certificate of insurance coverage;
7 Assume full and complete responsibility for all claims and liabilities which may arise
In
connection with
the use
of
the license;
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•.
FM-POEA 03-IR-01A
Effectivity Date:
16
May 2 12
Page 3
of
4
a Assume joint and solidary liability with the employer for all claims and liabilities which may arise in
connection with the implementation of the employment contract, including but not limited to wages,
death and disability compensation and their repatriation;
9 . Guarantee compliance with the applicable labor, social and maritime legislations of the Philippines,
and applicable regulations
of
the flag state and international organizations such
as
the International
Maritime Organization (IMO) and· he International Labor Organization (ILO);
10. Assume full and complete responsibility for all acts
of
its officials, employees and representatives done
in connection with recruitment and placement; ·
11. Deploy at least fifty 50) seafarers to
its
new market within one-year from issuance of its license which
shall also be a condition to the accreditation of old principals; and
12. Repatriate the deployed seafarers when the need arises.
( ) AU per section 1 (f)
In
case of corporation or partnership, verified undertaking by officers, directors and partners that they will
be jointly and severally liable with the company over claims arising from employer-employee relationship.
7 Board of Directors/Partners/Proprietor, Officers and Staff
( ) Bio-data with 2 copies of passport size pictures
( ) NBi Clearance
( ) · Police Clearance or its equivalent document from country of origin if foreigner
( ) Anti-Illegal Recruitment Branch clearance
( ) Individual letters of appointment for staff providing specific functions
8 Proof of bachelor s degree and 3 years business experience of the Proprietor/President/Partner
or
the
Chief Executive Officer
( ) College Diploma
( ) Certificate of employment or business registration of the company owned
by
the Proprietor/President/Partner or the Chief Executive Officer, if applicable
9
) Certificate of Attendance
of
the Proprietor/President/Partner or the Chief Executive
Officer to the Pre-Licensing Orientation Seminar.
10 ) Proof of publication of notice of application with names of the
11
12.
13.
14.
•
*
Proprietor/President/Partners, Incorporators and Officers
) Contract of lease or proof of building ownership indicating the office address and
office space of at least 1
00
square meters
Human resource development plan
Organizational chart, staffing pattern with job description.
Additional Requirements
For applications presenting Overseas Perlorming Artists
as
new market
( ) Affidavit of Undertaking
by
the Proprietor/President or Partner on deployment of other skills
Other requirements on proofs
of
sources of investment which may be asked quring the panel interview:
1 employment certificate indicating salaries. allowances and other benefrts
2
passbooks/bank statement
3
proof of loans or mortgaged properties
4 deed of sale, old and new titles of real estate property
FOR UPGRADING OF I ICENSE:
f
LICeNSE
For landbaaed agencies:
( ) Deployment
of
1
00
worker• to new p,·incipals within .1 year from itsuance of provisional license
For agencies:
( ) Deployment of
50
seafarers to new principals and vessels within 1 year from Issuance of
provisional license
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F:.M-POEA 03-IR-01A
Effectivity Date: 16 May 2012
Important
information instructions before
filing
an application for a license:
Page 4 of 4
1.
Only applications with
complete
requirements/documents as indicated
in
the checklist shall be
received. Applications with incomplete documents shall be automatically returned without action
2. In a folder, arrange documents according to the sequence of requirements as indicated
in
the
checklist of requirements. Submit to Licensing Branch, POEA, 4
h Floor,
BFO
Building.
3. Application may be followed-up 7 days from the date of filing of application. Only authorized
representative shall be allowed to follow-up or transact business with POEA.
4. After evaluation of documents and ocular inspection of agency premises, applicant shall
be
required
to pay filing fee of ?10,000.00 before the panel interview.
5.
Where an application is denied, filing fee, being non-refundable, is deemed forfeited.
Post Approval Requirements:
Upon approval of an application for issuance of license, the Certificate of License shall be released
only upon compliance/submission
of
the following:
1. Payment of
license fee ·in the amount of PSO OOO .
2.
Three (3) copies of escrow agreement in the amount of P1 million with bank confirmation of
escrow deposit with an accredited reputable bank. A standard form of the escrow agreement is
available at the Licensing and Evaluation Division
3. Original copy of a surety bond
in
the amount of P100.000.00 together with original copy of the
offteial receipt from a bonding company acceptable to the POEA. The surety bond shall include
the following conditions:
a. It shall answer for all valid and legal claims arising from violation of the conditions
for the . grant and use of the license and/or accreditation and contracts of
employment.
b. Guarantee compijance with the Labor Code and its implementing rules and
regulations, relating to recruitment and placement, rules of the POEA and relevant
issuances of the Department and all liabilities which the Administration may impose.
c. That notice to the principal is notice to the surety and that any judgment against the
principal
in
connection with matters falling under POEA s/NLRC s jurisdiction shall
be binding and conclusive on the surety.
d. That the surety bond shall be co-terminus with the validity of the license.,
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