DMW-MC-04-2024 — IMPLEMENTATION GUIDELINES FOR PRIVATE RECRUITMENT AGENCIES, FOREIGN RECRUITMENT AGENCIES AND EMPLOYERS, AND MEGA RECRUITMENT AGENCIES IN COUNTRIES WITH WHITELISTING REQUIREMENTS

Republic of the Philippines

Bepartment ot Aliarant Morkers

VencoUuA W.E0V.0 -1000086K00 WO 8722-1144 8722-1159 8724-3665,8722-1163 BAGONC PILIPIN

MEMORANDUM CIRCULAR NO. 0 4

Series of 2024

Recruitment Agencies and Employers, and Mega Recruitment Agencies in Implementation Guidelines for Private Recruitment Agencies, Foreign Countries with Whitelisting Requirements

underscores the duty of the State to protect the rights and promote the welfare of possible conditions of work that uphold the dignity of Overseas Filipino Workers Republic Act No.11641,otherwise known as the Department of Migrant Workers Act Overseas Filipino Workers and their families, by, among others: ensuring that private recruitment shall meet professional, legal and ethical standards and obtaining the best

(OFWs).

I. GUIDING PRINCIPLES AND OBJECTIVES

it is the obligation of both sending and receiving countries to implement measures that safeguard the rights of migrant workers and acknowledge their transparent partnerships that develop targeted solutions to combat human trafficking and worker exploitation. contributions to society. This includes forging mutually beneficial and Pursuant to the UN Framework on a rights-based approach to migration,

designed to ensure that the deployment and employment of OFWs, especially safeguards their rights, safety, security, and overall well-being. The Whitelist domestic workers and those with vulnerable skill sets, promotes and The Whitelist serves as both filtering and protective mechanism

functions to delineate entities that meet established standards and criteria, thereby facilitating a regulatory framework that protects OFWs and enhances

monitoring and assessment, the Whitelist aims to prevent exploitation and accountability among employers and recruitment agencies. Through rigorous ensure that the rights of these workers are upheld throughout the employment process.

deployment process, enabling a more efficient and transparent pathway for the recruitment and employment of workers. Lastly, the Whitelisting system will facilitate and streamline the

II.SCOPE AND COVERAGE

These guidelines shall govern the whitelisting of Private Recruitment

Agencies and Foreign Principals/Employers deploying to countries with whitelisting reguirements. Agencies (PRAs), Foreign Recruitment Agencies (FRAs), Mega Manpower

DEPARTMENT OF MIGRANT WORKERS eneral Services Division Administrative Service Website: www.dmw.gov.ph | Email.: [email protected] | Hotlines: 8722-1144, 8722-1159, 8724-3665, 8722-1163 Page 1

Date: November 14,2024 Time: 01:35 P.M RECEIVED By:_RICHIE M.GUEVARRA CONTROLLED AND DISSEMINATED By:DMW General Services Division on November 14,2024

III.CREATION OF WHITELIST

following general criteria: FRAs, Mega Manpower Agencies, and Foreign Employers and principals) that will be allowed to participate in the recruitment and deployment of workers in countries with whitelisting requirements. The process will be guided by the Whitelisting refers to the mechanism that determines entities (PRAs,

a. Compliance with recruitment laws, rules, and regulations; b. Practice of fair and ethical recruitment and business standards; d. Provisions of superior terms and conditions of work; and C. e. Provisions of responsive welfare and allied services for OFWs; Employment of gender-responsive staff, structure, and policies.

IV.DOCUMENTARY REQUIREMENTS AND PROCEDURES

A. Documentary Requirements

1. PRAs who intend to be assessed for their inclusion in the Whitelist shall upload the following documents in the Whitelist System:

1.2 Duly notarized undertaking by the Sole Proprietor, the Managing 1.1 Letter of Intent signed by the authorized signatory; and Partner, or the President of the Corporation stating that the applicant shall:

a. Negotiate for the best terms and conditions of employment for

b. Adhere to the fair and ethical recruitment standards; the workers:

C. Exercise transparency and full disclosure during the workers'

d. Select and deploy only medically fit, well-trained, and application, selection, and deployment stages;

competent workers and ascertain their age qualification for deployment in conformity with existing laws and regulations:

g. Require their employers/principals, in accordance with h. Immediately act on requests for repatriation and assistance; e. Strictly monitor their deployed workers and promptly report I Maintain their continuous and consistent compliance with the Designate and deploy qualified and full-time Welfare Desk Officers as required by existing rules and regulations; prevailing rules,to regularly submit monitoring reports as to the condition and status of their deployed workers; any significant event the latter may encounter at the worksite, while ensuring proper coordination with the Migrant Workers Office (MWO); and

reguirements set for whitelisting.

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2. FRAs, Mega Manpower Agencies, and Foreign Employers and principals who intend to be assessed for their inclusion in the Whitelist shall upload the following documents in the Whitelist System:

2.2 Duly notarized undertaking by the Sole Proprietor, the Managing 2.1 Letter of Intent signed by the authorized representativelowner; and shall: Partner, or the President of the Corporation stating that the applicant

a. Ensure compliance with the terms and conditions of the

b. employment contract; Guarantee the workers' possession of cellphone, access to

d. C Coordinate and submit the required quarterly reports to its PRA communication, and possession of travel documents; Create effective monitoring and response system including the designation of qualified and full-time Welfare Desk Officers as required by existing rules and regulations;

e. Immediately act on the request for assistance and repatriation, h. g. Provide adequate support and assistance to the deployed Maintain their continuous compliance with the requirements set Regularly coordinate with its PRA and the MWO on significant for whitelisting. clearances; workers in pursuing criminal and labor cases against abusive and in accordance with the local and international laws; as to the status and condition of its deployed workers and address their work-related concerns; and facilitate the issuance of the necessary exit visa and other erring sponsors/direct employers; events involving their workers and assist the distressed workers

B. Procedure

MWO shall evaluate the uploaded letter of intent and the notarized Foreign Employers, respectively. Upon determination of their sufficiency clearance of the Licensing and Regulations Bureau, Adjudication Bureau, The Employment Services Regulations Division (ESRD) and the concerned undertaking of the PRA or the FRAs, Mega Manpower Agencies, and and completeness, they shall endorse the application in the system for the AKSYON Unit, and the MWO, as applicable.

The relevant Bureau/Unit/Office as abovementioned shall evaluate the applicant based on the whitelisting criteria set forth and shall input their findings in the system developed by the Management Information Technology Service (MITS).

When cleared by all the relevant Bureaus/Unit/Office, the applicant shall automatically be included in the Whitelist.

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V. CRITERIA FOR THE INCLUSION IN THE WHITELIST

A. The Adjudication Bureau (AB) shall only clear an applicant on the following conditions:

2. The applicant is not currently preventively suspended, pending 1. The applicant has not been subjected to a penalty of cancellation of license, or suspension or permanent disqualification in the overseas investigation of a recruitment violation or disciplinary action case; employment program in the past three (3) months prior to thel application1, unless the adjudged corresponding fine has been paid; and 3. The applicant is not temporarily disqualified/watchlisted for failure to file the reguired Answer in a disciplinary action case.

B. The AKSYON Unit shall only clear an applicant on the following conditions:

1. The applicant has no more than five (5) pending repatriation cases; 3. It has no existing Request for Assistance (RFA) involving significant 2. The applicant is not imposed a Documentary Processing Suspension on any of its pending repatriation cases; and incidents as defined under relevant rules and issuances, such as but not limited to death, injury, detention, sexual abuse and/or harassment, maltreatment, or any act of workplace violence, accidents, missing, runaway, emergency medical assistance, which remains unacted upon at the time of the application for inclusion in the whitelist.

C. The Licensing and Regulations Bureau (LRB) shall only clear an applicant-PRA on the following conditions:

1. The applicant has (on record), submitted the names of agencies appointed Welfare Desk Officers, without prejudice to the appointment lemployment of additional Welfare Desk Officers as

reguired under existing rules and regulations;and 2. The Sole Proprietor, CEO/COO, Managing Partner, President, or

the Members of the Board of Directors of the applicant has no derogatory record.

D. The Migrant Workers Office shall only clear an applicant-FRA/ Mega Manpower Agency/Foreign Principal/Employer on the following conditions:

1. The applicant should have no current record of unjustified refusal to assist/repatriate distressed workers, or deliberate refusal to comply

1 The disqualification of an applicant is not affected by the pendency of an appeal or clemency before the Office of the Department Secretary

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2. The applicant should have no more than five (5) workers currently with its contractual undertaking, and such refusal resulted in the death, insanity, serious injury and disability of the worker: staying in the shelters or the Migrant Workers' Resource Center;

3. The applicant is currently accredited and has not been subjected to a penalty of cancellation or revocation of accreditation and registration in the past three (3) months; a

VI. DELISTING FROM AND REINSTATEMENT TO THE WHITELIST

A. Delisting from the Whitelist

Whitelist for failure to maintain any of the criteria set forth by these guidelines. A whitelisted entity or individual shall be automatically delisted from the

delisted at least three (3) times. A whitelisted entity shall be delisted from the whitelist for three (3) months, if, during one cycle of periodic review (6 months), it has been

B. Reinstatement to the Whitelist

submission of a written notice of request to be reinstated and compliance with any of the applicable grounds: Any delisted entity or individual may be reinstated to the Whitelist upon

1 Reversal of an Order of Cancellation and/or Suspension of license

2. Service of the penalty of suspension or payment of corresponding or disqualification from participating in the overseas employment program upon appeal before the Department Secretary;

3. Grant of Clemency to a principal/employer who is penalized with fines

5 1. Lifting of the Order of Preventive Suspension; Lifting of the Documentary Processing Suspension; Lifting of temporary disqualification or delisting from watchlist upon the penalty of permanent disqualification from participation in the overseas employment program;

8. Submission of a clearance as proof of acquittal or dismissal of the voluntary appearance and filing of an Answer Removal from the list of persons with derogatory record;

9. Service of the penalty of three-month suspension after being Illegal Recruitment or Trafficking in Person filed against him/her; or

delisted three (3) times during a single cycle of periodic review.

The concerned Bureau/Office/Unit that has issues or concerns regarding the grounds for the delisting of the entity shall evaluate the request and determine whether reinstatement is warranted.

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VII.WHITELIST SYSTEM AND PERIODIC EVALUATION

entities/individuals, which will be used by the ESRD, AB, AKSYON Unit. LRB,and the relevant MWO. The MITs has developed a Whitelist System for the encoding, monitoring. and updatingof information violations of the whitelisted

The MITS shall be in charge of posting and maintaining the Whitelist in the

status/standing of the whitelisted entity/individual is reflected. Further, MITS DMW website. The list shall be updated daily to ensure that the most recent

format, compliant with data privacy and data security policies shall ensure that information is in a secured environment and uneditable

to ensure that all the information is updated and entities are compliant with the requirements set forth by these guidelines. On the other hand, the concerned offices shall conduct periodic performance review and audit and checking of the lists every six (6) months

VIII. REPEALING CLAUSE

are not repugnant to or inconsistent with this Memorandum Circular. This deemed supplementary and shall retain full force and effect, provided they Previous issuances pertaining to the whitelisting requirements shall be

Memorandum Circular serves to clarify and consolidate the existing legal framework.

IX.EFFECTIVITY

This Memorandum Circular shall take effect immediately

For guidance of all concerned.

HANS LEO J.CACDAC Secretary

NOV 1 4 202k

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