How to Apply for an OEC as a Direct Hire OFW in 2023 - Legalis Punctum Global™ (2024)

In this article, we will guide you on how to apply for an OEC as a direct hire OFW in 2023. We will also explain the POEA direct hire ban and its exemptions, as well as the documents and fees that you need to prepare for your OEC application.

If you are a Filipino who has been hired directly by a foreign employer without passing through a recruitment agency, you need to complete the POEA requirements for direct hire to secure an overseas employment certificate (OEC) before you leave the Philippines. The OEC is a document that proves that you are a registered overseas Filipino worker (OFW) and that you are exempted from paying travel tax and terminal fee at the airport. It also serves as your exit clearance and protection against illegal recruitment.

However, getting an OEC as a direct hire OFW is not as simple as applying online or going to a POEA office. The process is longer and more complicated because the government has to ensure that your employment rights will be protected. You also have to comply with the POEA direct hire ban, which prohibits foreign employers from hiring Filipino workers without the assistance of a licensed recruitment agency, unless they are exempted from the ban.

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What is a direct hire OFW?

A direct hire OFW is an overseas Filipino worker who is hired directly by a foreign employer without passing through a licensed recruitment agency. This means that you found the job on your own, through referrals, online platforms or other means. You also negotiated the terms and conditions of your employment contract with your employer directly.

What are the benefits of being a direct hire OFW?

Some of the benefits of being a direct hire OFW are:

– You do not have to pay any placement fees or service charges to a recruitment agency.

– You have direct contact with your employer and can communicate your concerns or requests more easily.

– You have more control over your employment contract and can negotiate for better terms and benefits.

– You have a sense of fulfillment and independence in finding and securing your own job abroad.

What are the challenges of being a direct hire OFW?

Some of the challenges of being a direct hire OFW are:

– You have to comply with more requirements and procedures from the POEA (Philippine Overseas Employment Administration) to get an OEC.

– You have to ensure that your employment contract meets or exceeds the POEA minimum standards and that it is verified by the POLO (Philippine Overseas Labor Office) in your country of destination.

– You have to protect yourself from illegal recruiters, human traffickers or abusive employers who may take advantage of your situation.

– You have to be more responsible and resourceful in dealing with any problems or issues that may arise during your employment abroad.

What is the POEA direct hire ban?

The POEA direct hire ban is a policy that aims to protect Filipino workers from illegal recruitment, human trafficking, and exploitation by foreign employers. It requires foreign employers who want to hire Filipino workers to go through a licensed recruitment agency in the Philippines, which will facilitate the recruitment, placement, and documentation of the workers.

The POEA direct hire ban applies to all types of workers, whether professional, skilled, or household service workers. However, there are some categories of workers and employers that are exempted from the ban, such as:

– Members of diplomatic corps

– International organizations

– Heads of state and government officials with a rank of at least deputy minister

– Employers in countries that do not allow foreign placement agencies

– Employers hiring Filipino workers for their projects funded by international organizations or bilateral agreements

– Employers hiring Filipino workers as consultants or experts for their projects approved by the Philippine government

– Workers hired by their relatives up to the fourth degree of consanguinity

– Name hires or workers who are able to secure a job offer from an employer abroad through their own efforts or contacts

If you fall under any of these exempted categories, you can apply for an OEC as a direct hire OFW. However, you still need to obtain a clearance from the POEA that will exempt you from the direct hire ban.

How to apply for an OEC as a direct hire OFW?

The POEA OEC requirements for direct hire vary depending on the type of worker and employer. However, there are two phases of document submission that you need to complete: Phase 1 for obtaining the POEA clearance for direct hiring ban exemption, and Phase 2 for obtaining the OEC itself.

Phase 1: How to Obtain POEA Clearance

The first phase of the OEC application process is to obtain a POEA clearance, which will exempt you from the direct hiring ban imposed by the Philippine government. The direct hiring ban aims to protect OFWs from illegal recruitment, human trafficking, and contract substitution.

To apply for a POEA clearance, you need to create an e-registration account on the POEA website and upload your documents to the POPS-Direct system. The documents you need to prepare are:

– Valid passport

– Valid work visa or entry/work permit

– Verified employment contract or offer of employment

– POLO endorsem*nt letter

– Notarized statement on how you found the job and authenticity of documents submitted

– Additional country-specific requirements

– Employer’s ID/passport and contract details

– For professionals and skilled workers: employer’s company profile and business license/commercial registration

– For professionals and skilled workers: additional documents to support job application and notarized statement of authenticity

– For domestic workers: TESDA National Certificate II (NC-II) for Domestic Workers

The POEA will evaluate your documents and notify you of the result via email. If your application is approved, you will receive a POEA clearance that will allow you to proceed to the next phase.

Phase 2: How to Process OEC Application

The second phase of the OEC application process is to apply for an OEC at the POEA office. You need to upload your phase 2 documents to the POPS-Direct system and schedule an appointment online. The documents you need to prepare are:

– E-registration account

– Valid medical certificate

– Pre-Employment Orientation Seminar (PEOS) certificate

– Pre-Departure Orientation Seminar (PDOS) certificate

– For domestic workers: Comprehensive Pre-Departure Education Program (CPDEP) certificate

– POEA clearance

– Certificate of insurance coverage

On your appointment date, you need to go to the POEA office and submit your documents. You also need to pay for the OEC fees, which include:

– Processing fee: Php 100

– OWWA membership fee: USD 25 or its equivalent in Philippine peso

– PhilHealth premium contribution: Php 2,400 per year

– Pag-IBIG membership contribution: Php 100 per month

After paying the fees, you can print your OEC from the POPS-Direct system. You need to present your OEC at the airport immigration counter before you depart for your destination country.

Additional Reminders

Here are some reminders to help you with your OEC application process:

– Make sure your documents are complete, valid, and authentic. The POEA will verify your documents with the Philippine Overseas Labor Office (POLO) or the Philippine Embassy/Consulate in your destination country.

– Be prepared for a long and tedious process. The POEA clearance and OEC application may take several weeks or months depending on the volume of applicants and the availability of slots.

– Be aware of the risks and challenges of being a direct-hire OFW. You may not have the same protection and assistance as agency-hired workers in case of problems or disputes with your employer.

– Be vigilant against illegal recruiters and scammers who may offer fake or fraudulent documents or services. Do not pay any fees or give any personal information to anyone who claims to expedite or facilitate your OEC application process.

Frequently-Asked Questions (FAQs)