The charging of placement fees to Guam-bound workers is illegal – POEA says.

The Philippine Overseas Employment Administration warned anew Philippine recruitment agencies from charging placement fees from applicants bound for the US, including Guam for jobs falling under the H-2B visa category or non-agricultural temporary worker.

The policy, contained in POEA Memorandum Circular No. 10 Series of 2009 issued in September last year is in line with US Government regulations which forbids the charging of recruitment or placement fees from a worker as a condition for employment under an H-2B visa.

POEA has adopted a policy that prohibits charging of placement fees from workers applying for jobs in countries that do not allow charging of such fees since 2001. The US, including Guam, is now one such country that forbids the charging of placement fees from workers. Other countries that prohibit the collection of placement fees from workers are United Kingdom, Ireland, Israel, some parts of Canada like Alberta, Manitoba, British Columbia, Saskatchewan, and Netherlands.

Administrator Jennifer Jardin-Manalili said that administrative charges carrying a penalty of cancellation of license shall immediately be filed against recruitment agencies found violating the no-placement fee policy in these countries.

Manalili also urged jobseekers to visit the POEA website at www.poea.gov.ph or call hotlines 722-1144/7221155 or text 2917 for any developments on the Guam labor market.

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As per Memorandum Circular No. 10 Series of 2009, there should be no placement fee for workers to be deployed to the United States of America (USA) under the H-2B Visa.

The memorandum entitled No Placement Fee for Workers to be Deployed to the United States of America (USA) Under The H-2B Visa reads:

Pursuant to Section 2-C, Rule I, Part VI of the 2002 POEA Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Workers, adopting a no placement fee policy for countries where the prevailing system, either by law, policy or practice, does not allow the charging or collection of placement and recruitment fees and in view of the regulatory changes implemented by the U.S. Department of Homeland Security (DHS) for the entry of foreign labor in the USA, specifically those falling under the H2B visa category or temporary skilled laborers, the following guidelines are hereby issued:

I. Coverage

These guidelines shall cover workers who will be entering the United States under the H-2B Visa Category. An H-2B Nonagricultural Temporary Worker is an alien entering temporarily into the USA to perform temporary services or labor without displacing qualified United States workers available to perform such services or labor and whose employment does not adversely affect the wages and working conditions of United States workers.

II. No Placement Fee Policy

Recruitment cost or placement fees shall not be charged to a worker to be deployed under an H-2B visa category. No job placement fee or other compensation under any guise whatsoever, may be collected from said worker as a condition of an offer or condition of employment.

III. Other Fees and Charges

Visa fees, transportation costs to and from the worker’s destination or jobsite within the U.S. territories and other fees and charges not otherwise considered as placement fees or recruitment costs shall continue to be governed by Rule V, Part II of the 2002 POEA Rules and Regulations on Fees, Costs and Contributions and other pertinent issuances.

IV. Sanctions

Violation of the no placement fee policy insofar as workers bound for employment in the USA on an H-2B visa is concerned, is a serious administrative offense with a penalty of cancellation of license under Section 1-A (5) of Rule IV, Part VI of the same Rules and Regulations Governing the Recruitment and Employment of Landbased Workers.

This Memorandum Circular takes effect immediately.

As released and signed by Jennifer Jardin-Manalili (Administrator)

Source:  Philippine Employment Overseas Administration (POEA)

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Also known as Madel Ladines Puno and Lorena Ladines, Ma. Dolores Racelis Nacorda has victimized several persons and a total of P35,000 cash after promising jobs in New Zealand.

Using addresses in Lucban, Quezon Province and Abucay, Bataan, she was finally arrested by NBI-CID (Criminal Investigation Division) Thursday last week in an entrapment operation in a mall in Manila. In the entrapment operation, Nacorda was caught in the act receiving the marked money from the complainants.

According to NBI-CID, Nacorda recruited some individuals to work in a tomato firm in New Zealand. Nacorda collected P4,700 from each individual for processing and miscellaneous fees and an additional P1,000 to expedite the visa processing. This prompted the complainants to file the complaint before the NBI.

She is now detained at the NBI jail and has been charged with large-scale estafa (fraud), illegal recruitment and the use of fictitious names to conceal true identity.

Everyone hoping to land jobs abroad should be careful with illegal recruiters like Nacorda. It is important that we verify first with the POEA (Philippine Overseas and Employment Administration) the legitimacy of the recruiting persons or recruitment agencies before dealing or transacting with them.

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