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|MEMORANDUM ORDER NO. MCL-09-017|
MEMORANDUM ORDER NO. MCL-09-017
Subject: POEA REGULATIONS AND POLICIES ON THE ISSUANCE OF
EXIT CLEARANCE FOR OVERSEAS FILIPINO WORKERS
Based on the letter of POEA Administrator Jennifer Jardin-Manalili, dated 04 August 2009, clarifying certain POEA regulations and policies on the issuance of exit clearance for Overseas Filipino Workers (OFWs) in view of the recent reports of holding the departures of POEA- processed OFWs with different visa category vis-á-vis their POEA exit clearance and to facilitate deployment as well as avoid undue delay to Filipinos proceeding to their jobsites, the following guidelines are hereby issued, to wit:
1. As a general rule, the information reflected in the POEA exit clearance should be consistent with the information in the visa issued to the OFW.
2. For OFWs bound for Middle East countries, the POEA, in the discharge of its job facilitation and preservation mandate, may exercise flexibility by allowing OFWs to use similar or related positions/ categories in their employment/ work visa or equivalent document; Provided, that, this policy does not apply to household service workers (HSWs) where the visa category should necessarily be for a household based position (domestic helper, servant, household worker, babysitter, nanny, etc.).
3. Under justifiable circumstances, the POEA issues exit clearances to agency-hired OFWs using visa other than work/employment (i.e., commercial, business or visit visas) when the licensed recruitment discloses to POEA that such alternate visas are being used to facilitate departure of urgently needed OFWs for their accredited principals and duly approved job orders; Provided, that, such agencies submit an Undertaking from the foreign principal/employer that the visa will be converted to the appropriate employment visa/work permit upon arrival at the jobsite, including an assurance that if the OFW is denied an appropriate work visa, the principal/employer shall shoulder the costs of repatriation to the Philippines.
4. Dependents of POEA- processed OFWs bound for Canada with approved immigrant status in said country are issued W-1 visas under the open work permit program of Canada for which holders thereof are not required to secure POEA exit clearance and should be allowed to depart for Canada without presenting such POEA clearance.
5. Any need for clarification/verification pertaining to the authenticity of the exit clearance or employment details shall promptly be endorsed to the POEA’s Labor Assistance Center (LAC) at the airports.
All orders, memoranda and other issuance inconsistent herewith are hereby revoked, amended or modified accordingly.
This Memorandum Order takes effect immediately upon the signing hereof.
FOR STRICT COMPLIANCE.
(Sgd)MARCELINO C. LIBANAN