POEA MEMORANDUM CIRCULAR NO. 04, S. 2009, April 30, 2009
SUBSTITUTION OF EMPLOYMENT CONTRACTS
were forced to run away from their employers because their contracts
have been substituted with new contracts providing lower salaries and
benefits to workers.
All licensed recruitment agencies, as well as their foreign
principals, are hereby reminded to refrain from the practice of
substituting /altering to the prejudice of the worker, employment
contracts approved and verified by the DOLE from the time of actual
signing thereof by the parties up to and including the period of the
expiration of the same without the approval of the DOLE.
Substitution of contracts to the prejudice of the worker is punishable by:
1st Offense- Suspension of License (2 months to 6 months)
2nd Offense – Suspension of License (6 months & 1 day to one year)
3rd Offense – Cancellation of License
The above is without prejudice to placing the agency and the
principal under Preventive Suspension pending investigation for possible
contract substitution, should the Administration deem it appropriate.
Finally, recruitment agencies should ensure that they have provided
their workers copies of their employment contracts duly verified by the
DOLE/POEA.
For immediate compliance.
Adopted: 30 Apr. 2009
(SGD.) JENNIFER JARDIN-MANALILI
Administrator