Memorandum Circular No. 24
Series of 2003
TO
: All Land-Based Licensed Agencies
SUBJECT : Guidelines on the Transfer of Registration/Accreditation of Land-Based Principals
Pursuant
to Section 10 Rule I, Part III of the POEA Rules and Regulations
Governing the Recruitment and Employment of Landbased Overseas Workers
and in order to further streamline the procedures and requirements on
the revocation and transfer of registration/accreditation of landbased
principals/employers, the following guidelines are hereby issued:
I. Coverage
These guidelines shall apply to foreign placement agencies (FPAs) and
direct employers that have valid registration or accreditation with a
Philippine recruitment agency (PRA).
II. Requirements for Transfer of Registration/Accreditation
a.
Verified or notarized revocation of the Special Power of Attorney (SPA)
granted by the principal to the former agent;
b. Copy of revocation notice of principal to former agent;
c. Copy of acknowledgement of notice of revocation by the former agent;
d.
Application letter of
the new agent for
the transfer of
registration/accreditation, together
with the requirements for
registration/accreditation;
e.
Affidavit of assumption
of responsibility for
all contractual obligations of the principal to its workers
originally recruited and processed by the former agency, by the
transferee agent, if the principal is a foreign placement agency (FPA).
III. Procedures on the Transfer of Registration/Accreditation
a.
Upon receipt of the requirements for transfer of registration/
accreditation, the Administration shall favorably act on the transfer.
b.
In case the Administration receives a notice of objection on the
revocation/transfer from the former agent prior to the action on the
transfer, the Administration shall notify the principal accordingly:
c.
Once the Administration is informed by the principal and the former
agent that the problem has been settled, the Administration shall
proceed with the transfer of accreditation/registration;
d.
In case the principal contests the former agency's allegation, the
matter is referred to the POEA Legal Counsel for conciliation.
IV. Conciliation of Claims
Claims
for money or enforcement of obligations arising out of business
relations between principals and their existing Philippine agencies may
be conciliated by the Administration. However, the pendency of the
conciliation shall not prevent the Administration from acting on the
request for registration or accreditation if the public interest so
requires and the applicant meets all the requirements for registration
or accreditation. If no compromise or amicable settlement is reached
during the conciliation proceedings, the parties are free to ventilate
their claims before the proper forum.
All
previous issuances inconsistent herewith are deemed repealed. This
Circular shall take effect 15 days after its publication in a newspaper
of general circulation.
ROSALINDA DIMAPILIS-BALDOZ
Administrator
26 August 2003
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