What Are Overseas Employment Certificates?

Overseas Employment Certificates (“OEC”) are generally required for Filipinos who have or will be entering into active employment abroad and are not yet permanent residents of the country where they will be working. This means all Filipino H-1B employees must obtain an OEC and the employer should account for the extra time.

What is an OEC?

Also known as an exit clearance, this document is issued by the Philippine Overseas Employment Administration (“POEA”) to Filipino workers who are going to be deployed for work abroad. These workers are called Overseas Filipino Workers or “OFWs.”

Why do Filipino workers need OECs?

The OEC serves to document OFWs, protect them from being trafficked or lured into illegitimate/unsafe foreign employment, and saves them from paying travel taxes and airport terminal fees in the Philippines.

How is the OEC Used?

OFWs present their OEC to the immigration officer at the airport of exit in the Philippines. They have 60 days from the date the OEC is issued to depart the Philippines, and that OEC is good for only one departure.

How Does a Filipino Worker Get an OEC?

• Secure a job offer and employment contract

• Employer must complete a Job Order request, which involves accreditation by the Philippine Overseas Labor Office (“POLO”)

• Register with the POEA

• Pay a processing fee

• Sometimes attend Pre-Departure Orientation Seminar and/or interview

  
  

New OFWs or those with new employers may need to process their OECs in person.

How long does it take to get an OEC?

The timeline depends on whether the employer has previously hired Filipino workers. If this is the first time, allow approximately 6 weeks for the OFW to receive their OEC. If the employer has previously hired Filipino workers under the H-1B program, the process could only take approximately 2-3 weeks.

Does the U.S. Employer Need to Do Anything?

The U.S. employer is required to complete and submit the Job Order documentation to either the Los Angeles or Washington, DC POLO office. The submission location depends on the employer’s location. The documentation, which needs to be signed and notarized by the employer, requires the employer to grant permission to a Direct Recruitment agency in the Philippines to represent and assist the employer with the direct recruitment of Filipino workers. Please note that the POLO offices will not approve the employer’s job order if the documents are amended or revised. The employer must be willing to agree to the specific terms.

Despite these terms, the employer will likely not face any issues if the terms are violated. The Philippine government will take action against the Direct Recruitment agency assisting the employer. Usually the action is a small fine or reprimand. 

My firm is experienced in representing employers recruiting Filipino H-1B professionals. If you have questions about how the OEC process could impact your hiring, please contact me through the “Contact Us” link on my website or by emailing info@pdortegalaw.com.

Sources:

DMW, Planning Branch. “Department of Migrant Workers.” DMW, dmw.gov.ph/ofwpass. Accessed 9 Jan. 2025.

FAQs-OEC.Pdf, www.philcongen-toronto.com/OEC/FAQs-OEC.pdf. Accessed 9 Jan. 2025.

“Home.” The Philippine Embassy in Berlin, philippine-embassy.de/overseas-employment-certificate-oec/. Accessed 9 Jan. 2025.

POEA Rules and Regulations Governing the Recruitment ..., www.dmw.gov.ph/archives/laws&rules/files/2002 POEA Rules on Overseas Employment of OFWs Full Text.pdf. Accessed 9 Jan. 2025.