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Illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority (RA8042).
Some form of illegal recruitment include:
- Leaving the country as a tourist but with the intention of working abroad
- Escort Services – tourist/workers “escorted” at the country’s airports and seaports
- By Correspondence – applicants are encouraged by the recruiter to comply with employment requirements and placements through mail
- Blind Ads – fraudulent and misleading advertisements promising facility of employment
- Au Pair – an inter-cultural program wherein a host family sponsors a person to study language and culture for a monthly allowance in exchange for a home to stay in
- Backdoor Exit – going out of the country through some airports and seaports in the southern part of the Philippines
- Camouflaged participation in foreign seminars and sports events
- Workers leave as participants in seminars or sports events but eventually finding jobs in the host country.
- Traineeship Scheme – Hotel and Restaurant Management (HRM) students leaving in the guise of a traineeship program for hotels abroad but eventually landing jobs in the training establishment.
The Philippine Overseas Employment Administration (POEA) has come up with some tips on how to prevent illegal recruitment:
- Do not apply at recruitment agencies not licensed by POEA.
- Do not deal with licensed agencies without job orders.
- Do not deal with any person who is not an authorized representative of a licensed agency.
- Do not transact business outside the registered address of the agency. If recruitment is conducted in the province, check if the agency has a provincial recruitment authority.
- Do not pay more than the allowed placement fee. It should be equivalent to one-month salary, exclusive of documentation and processing costs.
- Do not pay any placement fee unless you have a valid employment contract and an official receipt.
- Do not be enticed by ads or brochures requiring you to reply to a Post Office (P.O.) Box, and to enclose payment for processing of papers.
- Do not deal with training centers and travel agencies, which promise overseas employment.
- Do not accept a tourist visa.
- Do not deal with fixers.
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The Philippine Embassy through the Philippine Overseas Labor Office (POLO) hereby announces to all overseas Filipino workers (OFWs) in Brunei the documentary requirements for processing and issuance of POEA exit clearance or overseas employment certificate (OEC) for vacationing worker or worker-on-leave returning to the Philippines.
The Overseas Employment Certificate (OEC), a document issued by the POEA, serves as a travel clearance when a worker leaves to assume his overseas employment.
The OEC is also issued by POLO for an Overseas Filipino Worker (OFW) who will visit the Philippines for an annual leave/emergency leave and who is returning to the same employer to resume employment.
The OEC exempts the worker from payment of travel tax of P1,620 and airport tax of P750.
OFWs who are considered workers-on-leave/vacationing workers may secure their OEC at the POLO – Philippine Embassy in Brunei Darussalam by presenting the following documents:
Household Service Workers
• Accomplished application form (OFW Information Sheet)
• Valid Employment Contract (processed by POEA or the Philippine Embassy – if there is no valid authenticated employment contract, please submit valid contract for verification)
• Valid Employment Pass and re-entry Visa
• Passport
• Two-way ticket or Itinerary issued by travel agency
• Proof of OWWA valid membership (i.e. official receipt, certificate of coverage); renewable every 2 years.
Others Applicants
• Accomplished application form (OFW Information Sheet)
• Valid Employment Contract
• Valid Employment Pass and re-entry Visa
• Passport
• Two-way ticket or Itinerary issued by travel agency
• Proof of OWWA valid membership (i.e. official receipt, certificate of coverage); renewable every 2 years
Likewise, in compliance with POEA’s thrust to strengthen the protection mechanism for overseas Filipino workers, all individual employment contracts have to be verified in the POEA database and by the POLO prior to processing and issuance of OEC.
OFWs who renew their contract or who transfer to another employer shall require verification by the POLO for documentation and registration purposes.
For more information, please contact POLO-Labor section at telephone nos. 673-2237052 and 673-2236981 or e-mail addresses This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. .
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When a person has secured an SS number does it mean that one is already an SSS member and therefore has the right to social security benefits?
No. Securing an SS number does not automatically mean a person is already covered as a member. One is considered a member when the employer has reported one for SSS coverage by the employer and has paid at least one month contribution as an employee. For self-employed, OFW or non-working spouse, they should have paid at least one month contribution. Securing an SS number does not mean automatic membership.
What is the effect of non-reporting and non-remittance of contributions?
To the Employee
The employee is still entitled to SS benefits even if the employer fails or refuses to remit the SSS contributions.
To the Employer
An employer who does not report temporary or provisional employees is violating the SS law. The employer is liable to the employees and must:
- pay the benefits of those who die, become disabled , get sick or reach retirement age;
- pay all unpaid contributions plus a penalty of three percent per month; and
- be held liable for a criminal offense punishable by fine and/or imprisonment.
A self-employed person who fails to register with the SSS will also be fined and/or imprisoned.
However, in the event the self-employed person does not realize earnings in a given month, payment of SSS contributions for that month is no longer required.
To the Self-employed and Voluntary Member
A self-employed and voluntary member who fails to remit contributions after membership is approved, may pay the monthly contribution prospectively but is not allowed to pay contributions retroactively from the month no contribution payments were remitted.
In the case of the covered non-working spouse, if the person gets employed later, or becomes self-employed or an OFW, the membership shall be reclassified accordingly as employed or self-employed or OFW.
Can a member withdraw his membership with the SSS?
No. When a person registers for SSS membership in any capacity, either as an employee-member during employment, or as a self-employed or voluntary member the person becomes a member for life.
During such time that the member fails to remit contributions, the benefits and loan privileges provided by SSS can still be availed of for as long as the member meets the qualifying conditions for entitlement thereto.
What happens to the coverage of a member who has received a lump sum benefit for permanent total disability and is re-employed?
The recipient of a lump sum permanent total disability who is re-employed or has resumed self-employment or as an OFW or Non-working spouse, not earlier than one year from the date of disability, shall again be subject to compulsory coverage and shall be considered a new member.
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With the signing of Republic Act No. 9679, membership to the Fund shall be mandatory for the following:
a. All employees, workers, professionals, officers and companies who are compulsorily covered by the SSS and GSIS
b. Uniformed members of the Armed Forces of the Philippines, the Bureau of Fire Protection, the Bureau of Jail Management and
Penology, and the Philippine National Police;
c. Overseas Filipino Workers (OFWs)
d. Filipinos employed by foreign-based employers, whether deployed locally or abroad.
Membership to the Fund is also open to the following:
a. Non-working spouses of Pag-IBIG members;
b. Filipino employees of foreign government or international organization, or their wholly-owned instrumentality based in the
Philippines, in the absence of an administrative agreement with the Fund;
c. Employees of an employer who is granted a waiver or suspension of coverage by the Fund under RA 9679;
d. Leaders and members of religious groups;
e. A member separated from employment, local or abroad, or ceased to be self-employed but would like to continue paying his/her
personal contribution;
f. Public officials or employees who are not covered by the GSIS such as barangay officials; and
g. Filipinos naturalized in other countries.
With the signing of Republic Act No. 9679, membership to the Fund shall be mandatory for the following:
Monthly Compensation | Percentage of Monthly Compensation |
Employee Share | Employer Share | |
P1,500 and below | 1% | 2% |
Over P1,500 | 2% | 2% |
The maximum monthly compensation used in computing the employee contributions is currently set at P5,000. This means that the maximum member contribution and employer counterpart per month are both currently P100.
The Fund offers its members the following benefits:
1. Savings
2. Short Term Loans
3. Access to Housing Programs
The Pag-IBIG provident savings program is a fast, easy and affordable way for a member to save for his future needs. ember to save for his future needs.
The contributions that a member makes together with the employer counterpart are credited to his Total Accumulated Value (TAV). A member contributing two percent of his monthly compensation doubles his savings immediately with the addition of the employer counterpart contribution. Meanwhile, a member contributing one percent of his monthly compensation triples his savings as the employer counterpart remains at two percent.
Aside from being fully guaranteed by the national government, members’ contributions are deducted from the gross income prior to computation of the income tax.
Members’ savings earn annual dividends that are also tax-free. The dividend rate varies depending on the net income of the Fund at yearend.
A member may withdraw his TAV or savings after 20 years of membership with the Fund and after having made a total of 240 monthly contributions.
A member may also withdraw his savings under any of the following valid grounds:
a. Retirement
• Early retirement at age 45
• Optional retirement at age 60
• Mandatory retirement at age 65
b. Permanent departure from the country
c. Permanent or total physical disability
d. Insanity
e. Termination from service by reason of health
f. Death of the member
g. Optional withdrawal at 10 or 15 continuous years of membership
• A member who registered under RA7742 may be allowed to withdraw his TAV after 10 or 15 years of continuous membership.
• A member who registered under RA9679 may be allowed to withdraw his TAV after 15 years of continuous membership.
h. Other causes as may be provided by the Board of Trustees
Pag-IBIG Fund’s Short-term loan programs are meant to provide assistance to its members, provided they are active and have made at least 24 monthly contributions.
There are two short-term loan programs that a member may avail of when the need arises. The Multi-Purpose Loan Program was designed to help finance members’ immediate medical, educational or livelihood needs; minor home improvement, purchase of appliance and furniture, and other related needs.
Meanwhile, the Calamity Loan Program is extended to members who have been affected by a recent calamity, as proven by a declaration of calamity in their area of residence.
An eligible member may avail of a housing loan under either the End-User Financing Program or the Magaang Pabahay, Disenteng Buhay Program. Under the End-User Financing Program, a member may avail of a loan to finance any of the following (Circular 247):
a. Purchase of a fully developed lot not exceeding one 1,000 square meters, which should be within a residential area;
b. Purchase of a residential house and lot, townhouse or condominium unit, inclusive of a parking slot. The unit may be:
• Old or brand new;
• A property mortgaged with the Fund; or
• An acquired asset, which is disposed of through sealed public bidding, negotiated sale, or the Rent-to-Own Program.
c. Construction or completion of a residential unit on a lot owned by the member;
d. Home improvement, i.e. any alteration in an existing residential unit intended by a homeowner to be a permanent integral part of the
property, which will enhance its durability and material value;
e. Refinancing of an existing mortgage with an institution acceptable to the Fund, provided that:
• The loan is not in default within the 12 months prior to the date of application;
• The said loan has a repayment history of at two years with the original mortgagee
f. Combination of loan purposes, which shall be limited to the following:
• Purchase of a fully developed lot not exceeding 1,000square meters and construction of a residential unit thereon;
• Purchase of a residential unit, whether old or new, with home improvement;
• Refinancing of an existing mortgage with home improvement;
• Refinancing of an existing mortgage, specifically a lot loan, with construction of a residential unit thereon.
Under the Magaang Pabahay, Disenteng Buhay Program, a qualified member may purchase an acquired asset of the Fund either in cash or through a housing loan at very reasonable prices. A buyer who purchases an acquired asset in cash is entitled to a 20% discount on the property’s sales price, while a buyer who purchases through a housing loan is entitled to a 15% discount on the property’s sales price.
To qualify for a Pag-IBIG housing loan, a member must satisfy the following requirements:
a. Must be a member under the Pag-IBIG I for at least 24 months, as evidenced by the remittance of at least 24 monthly contributions at the time of loan application.
b. Not more than 65 years old at the date of loan application and must be insurable; provided further that he is not more than 70 years old at loan maturity;
c. Has the legal capacity to acquire and encumber real property;
d. Has passed satisfactory background/credit and employment/business checks conducted by the developer and the Pag-IBIG Fund;
e. Has no outstanding Pag-IBIG housing loan, either as a principal borrower or co- borrower;
f. Has not availed of a Pag-IBIG housing loan that was foreclosed, cancelled, bought back due to default, or subjected to dacion en pago, which shall include cases where the borrower is no longer interested to pursue the loan and surrenders the property;
g. May have an outstanding Pag-IBIG multi-purpose loan but which is updated in payments at the time of loan application. A member whose multi-purpose loan is in arrears shall be required to pay his arrears over the counter to update his account.
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OWWA was created because of the constitutional mandate to guarantee the protection of the rights of OFWs and the promotion of their interests and well being.
How can one apply for OWWA membership?
Application can be filed at the Philippine Embassy.
What are the requirements?
- Employment Pass / S Pass / Work Permit Card
- Passport
- Accomplished OWWA Information Sheet
- Membership Fee
- Contract of Employment to be presented (photocopy to be submitted)
Where and where to file?
OWWA Membership applications can be filed at the Philippine Embassy (Mondays to Fridays from 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m.).
How long will it take to process the OWWA Membership?
OWWA Membership may be collected on the same day provided that documentary requirements are complete.