Tag Archive for: POEA Regulations

On the 24th of October 2022, A very meaningful discussion entitled “Basic, Must Know, Winnable (BMW) Learning Session on Crisis Management” occurred in The Bayleaf Restaurant at Intramuros, Manila. It was co-organized by the Japan Employment Providers of the Philippines and Consultant’s Association (JEPPCA), Europe Canada – Australia & New Zealand Association of Employment Providers of the Philippines, Inc. (EC- ANZAEPP), and Philippine Employment Agencies and Associates for Corporate Employers in the Middle East, Inc. (PEACEME). Mr. Noel Litan, President of EC-ANZAEPP began the program by acknowledging the presence of the guests. The presentation was commenced by Ms. Nora Braganza, President of JEPPCA. Invaluable guests have come over to participate in this learning session. Department of Migrant Workers officials; Director II Atty. Celso J. Hernandez Jr. and Asst. Secretary Atty. Francis Ron C. De Guzman attended to give meaningful insights.

Mr. Arnold Mamaclay, the Chairman and CEO of Rensol Recruitment and Consulting, Inc., and President & Incorporator of PEACEME has shared a presentation about a Guide on Exit Process Compliance for Every Overseas Principal/Employer. He has shared the legal process for a worker’s dismissal. Mr. Mamaclay aims that industry members of PEACEME should comply with proper labor documentation and POEA regulations.

There are two due processes: Procedural and Substantive. The former considers twin requirements of notice and hearing. Two written notices before the termination should be furnished by the employer. The first notice is notifying the employee about the omissions and actions that causes the dismissal while the second is about informing the employee about the employer’s decision concerning his/her dismissal. Moreover, Compliance of the employer should be observed in giving the employee the right to be heard and it must happen before the issuance of a second notice.

On the other hand, the latter process of worker’s dismissal or Substantive due process considers the authorized cause under Articles 282 to 284 of the Labor Code. These are Serious misconduct, Willful disobedience of the lawful orders of the employer or representative Medical/Health problems, and so on. In line with that, punishment to an employee should be equivalent to the offense committed.

Mr. Mamaclay, the president of the top licensed recruitment agency in the Philippines – Rensol Recruitment and Consulting, Inc. has shared an encounter that is relevant to the topic he is discussing. He emphasized that in case of doubt, it shall be resolved in favor of labor. Overseas workers should be protected by our laws. There are some instances in an agency in which he had to step up for the rights of the employees against avaricious employers. However, it does not purposely mean the destruction of the employer since capital and management are entitled to no less protection under the law.

It is very essential to provide a guide to the employer of overseas workers. As part of their responsibilities, an employer should report significant incidents to the recruitment agency partner. Therefore, A Philippine licensed agency plays a vital role with the principal/employer and the workers themselves.

Rensol Recruitment and Consulting, Inc is jointly liable to both parties. Certainly, the goal is to promote working together without any labor disputes and work-related problems. A set of standard procedures in handling situations of the workers with their respective employers can be applied. A wide range of audiences listened to a beneficial discussion by experienced presenters.

 It is with Mr. Arnold Mamaclay’s gratitude and privilege to present a fruitful discussion wherein Rensol Recruitment and Consulting, Inc.’s realistic encounters have been shared and led to the enlightenment of the attendees. They determined the best plan of action for the innovation.

Indeed, a Learning session hosted by trusted associations constitutes meaningful insights. As one of the Philippine top licensed agencies, Rensol Recruitment and Consulting, Inc. optimistically anticipates that this will happen oftentimes to expand the network together by sharing great ideas.

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The Philippine Overseas Employment Administration or POEA is the government agency, which is responsible for optimizing the benefits of the country’s overseas employment program.

Created in 1982 through Executive Order 797 to promote and to monitor the overseas employment of Filipino workers. In 1987, through Executive Order 247, POEA was reorganized to include the following expanded functions:

  1. To respond to changing markets and economic condition; and
  2. to strengthen the workers’ protection and regulatory components of the overseas employment program.

POEA is also the lead government agency tasked to monitor and supervise all recruitment agencies in the Philippines.

Now I wonder, if the Philippine Overseas Employment Administration (POEA) does not exist dealing out fines and revocation for non-compliance, would ethical recruitment exist?

In my opinion, yes, ethical recruitment would still exist without standards and fines from a regulating body. Governance, risk management, and compliance are all in our nature. Often, people believe living creatures tend to have a basic selfishness that steers all their decisions. This may be partially true, but what most overlook is our heart full of compassion that is also at the base of all human beings.

DNA Culture

We have a part of our brain, the anterior insular cortex, which allows us to feel empathy. When we see someone endure pain, emotional or physical, we can practically feel the same pain and experience a sense of compassion for that person. With that said, it is in our DNA to try to protect ourselves and each other from situations of high risk.

The story of a Pack of Deer: Scientists did a study on a pack of deer to discover what factors drive their decision-making when choosing when and where to drink water. The timing of when to go to the watering hole and the location of the watering hole was the basic decisions that had to be made. If they left too early, there was a chance the nourishment would not last long enough, but if they went too late, some of the weaker deer might get dehydrated. The location of the watering hole had to be considered as well, because if it was too far, then there was a bigger chance of encountering a predator or leaving stragglers behind.

flock of deer

What the scientists found was extremely interesting and relatable to humans as well as the risk management & compliance in recruitment. You would think that the big, leader buck would make the final decision. Instead, what happened was, multiple deer would point in a direction of a watering hole at certain times; but the herd did not leave until 51 percent of the deer pointed in the same direction. It was as if the deer were voting and considering all risk and danger involved until the majority agreed on a final decision. Only then did they make a move to a watering hole. Deer, obviously, do not have regulations or standards to abide by, but this just shows that species tend to have a way of governing, managing risk, and complying with group decisions that best fit the entire community.

Therefore, I think it is just part of the evolution of our beings to create the risk management and compliance space. We have the natural tendency to manage risk in our everyday situations and decisions. As we evolve, we strive to make things easier for ourselves, and this is where ethical recruitment comes in to play.


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ABOUT THE COMPANY: Rensol Recruitment and Consulting, Inc. is the fastest growing recruitment agency in the Philippines. A career consultant that aims to go above and beyond the level of expectations of both the aspirations of the candidates and the dream team standards of employers through providing exceptional opportunities and unparalleled quality-driven recruitment services.