1. What are the requirements to become a POEA Licensed Recruiter?

2. Is a local recruitment agency liable for unpaid wages of workers if deployed abroad?
3. What recruitment activities does the law specifically prohibit and punish?
4. Read Articles 25-35
5. What constitute illegal recruitment?
6. Is illegal recruitment economic sabotage?
7. Read Articles 36-39
8. For an alien to be able to work in the Philippines what permit is required?
9. What are the conditions for the grant of such permit?
10. Read Articles 40-42

Answer .

1.Pursuing a manpower recruitment business in the Philippines is feasible through

registration of a corporation with the required Philippine equity or through partnership
with an existing licensed recruitment office, or a single proprietorship with a
license. This license is obtained when registering the manpower recruitment company
with the Philippine Overseas Employment Administration (POEA). The POEA guidelines
provide that only those who possess all the following qualifications may be permitted to
register a company and engage in the business of recruitment manpower and
placement of Overseas Filipino Workers (OFW). InCorp Philippines will assist local and
foreign companies with the requirements and registration process to register a
manpower recruitment company or agency with the POEA, SEC, and BIR. We will draft
all contracts and consolidate all required documentation. InCorp Philippines works
directly with its clients and POEA to ensure an efficient registration process.

Capital Requirements and Ownership

A manpower/recruitment agency must be 75% Filipino-owned and have a P5,000,0000
minimum paid-up capital. You will be required to maintain a balance in a local bank of
P500,000 and have a P1,000,000.00 escrow agreement with POEA (Philippine Overseas
Employment Administration), as well as a P100,000 bond.

POEA Overview
The Philippine Overseas Employment Administration (POEA) is the government agency
in the Philippines which is responsible for optimizing the benefits of the country’s
overseas employment program. The POEA is attached to the Department of Labor and
Employment (DOLE) and was created to promote and to monitor the overseas
employment of Filipino workers. POEA is also the lead government agency tasked to
monitor and supervise all foreign-owned and local manpower recruitment agencies in
the Philippines. The POEA is also an ISO-certified organization. This certification is
proof of its international standards.

Most Common Employment for OFWs

 IT
 Maritime & Seafaring
 Construction
 Welding
 Nursing
 Medical
 Domestic Help
 Engineering
 Hotel & Restaurant
 Service Industry

POEA Primary Functions

Industry Regulation
 Issues license to engage in overseas recruitment and manning to private
recruitment agencies and ship manning companies
 Hears and arbitrates complaints and cases filed against recruitment and
manning agencies, foreign principals and employers, and overseas workers for
reported violation of POEA rules and regulations, except for money claims
 Implements a system of incentives and penalty for private sector participants
 Sets minimum labor standards
 Monitors overseas job advertisements on print, broadcast, and television
 Supervises the government’s program on anti-illegal recruitment
 Imposes disciplinary actions on erring employers, workers, and seafarers

Employment Facilitation
 Accredits & registers foreign principals and employers hiring Filipino workers
(OFWs)
 Approves manpower requests of foreign principals and employers
 Evaluates and processes employment contracts
 Assists departing workers at the ports of exit
 Develops and monitors markets and conducts market research
 Conducts marketing missions
  Enters into memorandum of understanding on the hiring of Filipino workers
with labor-receiving foreign countries
 Facilitates the deployment of workers hired through
government-to-government arrangement
 Provides a system of worker’s registry

2.Access to justice is one of the principal challenges faced by migrant workers. In many cases,
abused or illegally dismissed workers find it difficult or even outright impossible to file and
prosecute labor complaints against their foreign employers. Once employment is terminated, the
migrant worker has very limited options. Oftentimes, they are deported or opt to return to the home
country without receiving their unpaid salaries, benefits and other monetary claims. Upon arrival in
their home countries, migrant workers have no means to seek compensation from their abusive
foreign employers.
Having this scenario in mind, Philippine policy makers embodied in its laws the joint and several
liability of recruitment/ placement agencies and the principal/employer for money claims of
overseas Filipino workers to ensure that they can still prosecute their just claims against the foreign
employer and the recruitment/placement agencies after they have returned to Philippines.
BACKGROUND
The Government of the Republic of the Philippines is acknowledged internationally as one of the
leading pioneers in the development of state-managed overseas employment programs.
Taking advantage of the sudden wealth of oil producing countries in West Asia in the early 70’s, the
Philippine government incorporated in its 1974 Labor Code1 a comprehensive legal infrastructure
for the recruitment and placement of overseas contract workers and regulation of recruitment and
placement activities of private recruitment/ placement agencies. The twin objectives of the overseas
employment program were to address the growing unemployment and underemployment problems
of the country and to generate much-needed foreign exchange.2
Labor market development took precedence over welfare protection. Bilateral labor agreements
forged by the Philippine government with receiving countries focused more on labor market
development and less on welfare protection. Filipino workers were deployed to countries
whose local laws do not provide sufficient legal protection to migrant workers. Filipino domestic
workers were allowed to work even in countries whose labor laws did not extend to domestic
workers. While overseas Filipino workers earned incomes much more than what they could have
earned in the Philippines, many of them came home in body bags or broken in body, mind and
spirit. Thousands of workers also fell victim to illegal recruitment activities of both licensed and
unlicensed agencies.
Innovative mechanisms to protect the welfare of overseas Filipino workers were also put in place
by the Philippine Government. One of these policy initiatives is the inclusion in the “ Rules to
Implement the Labor Code”3 of a provision on the joint and solidary liability of foreign employers
and the recruitment agencies for violations of overseas employment contracts.
Section 10 of Rule V of the Rules to Implement the Labor Code provides:
“ Section 10. Requirement before recruitment. – Before recruiting any worker, the private
employment agency shall submit to the Bureau the following documents:
a) A formal appointment or agency contract executed by a foreign-based employer in favor of the
license holder to recruit and hire personnel for the former duly authenticated or attested by the
Philippine Labor Attache or duly authorized Philippine foreign service official, or in his absence by
an appropriate official, agency or organization in the country where the employer conducts his
business. In case any of the foregoing documents is executed in the Philippines, the same may be
authenticated by the duly authorized official of the Ministry of Foreign Affairs or of the employer’s
consulate or Embassy or of the Ministry of Labor and Employment official as may be appropriate.
Such formal appointment or recruitment agreement shall contain the following provisions, among
others:
1. Terms of recruitment, including the responsibility of the parties relative to the employment of
workers;
2. Power of the agency to sue and be sued jointly and solidarily with the principal or foreign based
employer for any of the violations of the recruitment agreement and the contracts of employment;
(emphasis supplied)
“x x x x x x x x x “
“ Joint and solidary liability ” in this context means that both the private recruitment/placement
agency and the foreign principal/employer can be held individually liable for the entire amount of
claim or obligation due to the overseas Filipino worker.
As early as 1988, the validity of this provision on joint and solidary liability was upheld in two (2)
cases decided by the Supreme Court, namely: Ambraque International Placement & Services v.
NLRC (G.R. No. 77970, 28 January 1988) and Manuela S. Catan/M. S. Catan Placement Agency vs.
The
National Labor Relations Commission, Philippine Overseas Employment Administration and
Francisco D. Reyes (G. R. No. 77279 15 April 1988).
Under current rules, before a license to operate a private recruitment/placement agency for overseas
employment may be granted by the Philippine Overseas Employment Administration (“POEA”),
the applicant recruitment/placement agency is required to submit a verified undertaking stating,
among others, that the applicant “shall assume joint and solidary liability with the employer for all
claims and liabilities which may arise in connection with the implementation of the contract,
including but not limited to payment of wages, death and disability compensation and repatriations.”
4
In the case of corporations or partnerships, the officers, directors, partners are required to execute a
verified undertaking that they will be jointly and severally liable with the company over claims
arising from employer-employee relationship.5
In addition, Section 10 of Republic Act No. 8042, otherwise known as The Migrant Workers and
Overseas Filipinos Act of 1995, as amended by Republic Act No. 10022, provides that the liability
of the principal/employer and the recruitment/ placement agency for any and all claims arising out
of an employer-employee relationship or by virtue of any law or contract involving Filipino
workers for overseas deployment including claims for actual, moral, exemplary and other forms of
damage shall be joint and several. 6the case of “ Sameer Overseas Placement Agency, Inc.
vs.JoyC.Cabiles ” ,(G.R.No.170139,05August2014),the Philippine Supreme Court explained the
rationale for the joint and solidary liability provision in R. A. 8042 as follows:
“Section 10 of the Migrant Workers and Overseas Filipinos Act of 1995 provides that the foreign
employer and the local employment agency are jointly and severally liable for money claims
including claims arising out of an employer- employee relationship and/or damages. This section
also provides that the performance bond filed by the local agency shall be answerable for such
money claims or damages if they were awarded to the employee.
“This provision is in line with the state ’ s policy of affording protection to labor and alleviating
workers’ plight.
“In overseas employment, the filing of money claims against the foreign employer is attended by
practical and legal complications. The distance of the foreign employer alone makes it difficult for
an overseas worker to reach it and make it liable for violations of the Labor Code. There are also
possible conflict of laws, jurisdictional issues, and procedural rules that may be raised to frustrate
an overseas worker’s attempt to advance his or her claims.
initiative of the civil society Open Working Group on Labour Migration and Recruitment. With
members from civil society organizations across the world, the Open Working Group is committed
to knowledge sharing and collective advocacy to reform migrant labour
recruitment practices globally. Building upon years of civil society advocacy on labour migration,
human rights, and recruitment reform, the Open Working Group was initiated in May 2014 by
Migrant Forum in Asia and the Global Coalition on Migration (GCM) together with other civil
society organizations. The Working Group is coordinated by Migrant Forum in Asia and forms part
of the Migration and Development Civil Society Network (MADE).
If you are interested in joining the Open Working Group on Labour Migration & Recruitment,
please email us at mfa@ mfasia.org to express your interest. Please check
recruitmentreform.org/contribute-to-the-open-working-group/ to see how members can contribute
to the working group!
Step It Up: Dignity, Rights, Development is the global campaign launched by the Migrant Forum in
Asia network and affiliated civil society organizations, trade unions, the Committee on the
Protection of the Rights of All Migrant Workers and Members of their Families, and the
International Labour Organization, which highlights the significance of the International
Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
(CMW / UN Migrant Workers Convention). 18 December 2015 marks the 25th anniversary of the
adoption of the Convention that specifically guarantees the rights of all migrant workers and
members of their families.
The 25th anniversary of the UN Migrant Workers Convention is the perfect occasion for the
migrants ’ rights movement to magnify the unwavering advocacy for further ratification and
implementation of this international human rights instrument, which looks after the human rights
and labor rights of migrant workers and extends protection to members of their families.
Launched on 18 December 2014, the Step It Up campaign encourages all stakeholders – States
parties, trade unions, employers’ organizations, civil society organizations, migrant workers and
members of their families to take part in this year long global initiative, beginning on 18 December
2014 to 18 December 2015. Activities relating to the promotion of the human rights of migrant
workers and members of their families as well as engagements with States to ratify the CMW will
find space here, in the online platform of the Step It Up campaign.
The online platform of the Step It Up campaign centers on the following themes: promotion of the
ratification of the UN Migrant Workers Convention, children of migrant workers, particularly
ending immigration detention of children, migrant domestic workers, contributions of migrant
workers in the countries of origin and destination, and situations of forced labor, human tracking
and slavery-like practices that migrant workers experience. The campaign also links up with other
ratification efforts, including the ILO Convention on Domestic Work No. 189 (C189), ILO
Convention No. 97 (Migration for Employment Convention), ILO Convention No. 143 (Migrant
Workers Convention) and the ILO Forced Labour Protocol. These themes and the ratification of
international human rights and labor rights treaties directly impact the lives and the realization of
the rights of all migrant workers and members of their families. The Step It Up campaign through
the online platform strives to weave together these interrelated issues and underscores that
migration is not an isolated matter but is tied to various dimensions of peoples ’ struggles for
equality, dignity, decent work and human rights.

3.The following post does not create a lawyer-client relationship

between Alburo Alburo and Associates Law Offices (or any of its
lawyers) and the reader. It is still best for you to engage the services
of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in

accordance with the law, rules, and jurisprudence prevailing at the
time of writing and posting, and do not include any future
developments on the subject matter under discussion.

Illegal Recruitment is one of the major problems the Philippines is

facing today. As recently reported (Read here), one-hundred
fifty-one (151) minor girls bound for Saudi Arabia were rescued in an
attempt to involve them in illegal recruitment in June to October 2018.
Also, last August 2018, four (4) Filipinos bound to Germany were also
rescued and in November 2018, six (6) women bound to be recruited
as entertainers in South Korea were prevented from leaving after they
presented fraudulent documents. Because of these recent instances,
the Department of Justice (DOJ) and the officials of the Bureau of
Immigration (BI) concerned launched an intensive campaign against
Illegal Recruitment through strict compliance with the guidelines set
by DOJ for leaving or exiting the country in December 2018
Under Republic Act No. 8042 (RA 8042) or the Migrant Workers Act,
as amended, illegal recruitment shall mean any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring, or procuring
workers. It also includes referring, contract services, promising or
advertising for employment abroad, whether for profit or not, when
undertaken by non-licensee or non-holder of authority contemplated
under the Labor Code of the Philippines. Provided, that any such
non-licensee or non-holder who, in any manner, offers or promises for
a fee employment abroad to two or more persons shall be deemed so
engaged. Simply put, illegal recruitment is committed by persons who,
without authority from the government, give the impression that they
have the power to send workers abroad for employment
purposes(People v. Arnaiz, G.R. No. 205153, 9 September 2015,
770 SCRA 319).
On the same basis, illegal recruitment may also be committed by any
person, whether a non-licensee, non-holder, licensee or holder of
authority, if any of the following acts is performed:

1. To charge or accept directly or indirectly any amount greater than that

specified in the schedule of allowable fees prescribed by the Secretary of
Labor and Employment, or to make a worker pay or acknowledge any
amount greater than that actually received by him as a loan or advance;
2. To furnish or publish any false notice or information or document in
relation to recruitment or employment;
3. To give any false notice, testimony, information or document or
commit any act of misrepresentation for the purpose of securing a license or
authority under the Labor Code, or for the purpose of documenting hired
workers with the POEA, which include the act of reprocessing workers
through a job order that pertains to nonexistent work, work different from
the actual overseas work, or work with a different employer whether
registered or not with the POEA;
4. To include or attempt to induce a worker already employed to quit his
employment in order to offer him another unless the transfer is designed to
liberate a worker from oppressive terms and conditions of employment;
5. To influence or attempt to influence any person or entity not to employ
any worker who has not applied for employment through his agency or who
has formed, joined or supported, or has contacted or is supported by any
union or workers’ organization;
6. To engage in the recruitment or placement of workers in jobs harmful
to public health or morality or to the dignity of the Republic of the
Philippines;
7. To fail to submit reports on the status of employment, placement
vacancies, remittance of foreign exchange earnings, separation from jobs,
departures and such other matters or information as may be required by the
Secretary of Labor and Employment;
8. To substitute or alter to the prejudice of the worker, employment
contracts approved and verified by the Department of Labor and
Employment 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 Department of Labor and Employment;
9. For an officer or agent of a recruitment or placement agency to
become an officer or member of the Board of any corporation engaged in
travel agency or to be engaged directly or indirectly in the management of
travel agency;
10. To withhold or deny travel documents from applicant workers before
departure for monetary or financial considerations, or for any other reasons,
other than those authorized under the Labor Code and its implementing rules
and regulations;
11. Failure to actually deploy a contracted worker without valid reason as
determined by the Department of Labor and Employment;
12. Failure to reimburse expenses incurred by the worker in connection
with his documentation and processing for purposes of deployment, in cases
where the deployment does not actually take place without the worker’s fault.
Illegal recruitment when committed by a syndicate or in large scale shall be
considered an offense involving economic sabotage; and
13. To allow a non-Filipino citizen to head or manage a licensed
recruitment/manning agency.
Illegal Recruitment Involving Economic Sabotage

Illegal recruitment when committed by a syndicate or in large scale

shall be considered an offense involving economic sabotage. Illegal
recruitment is deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring and/or confederating
with one another in carrying out any unlawful or illegal transaction,
enterprise or scheme defined under the first paragraph hereof. On the
other hand, illegal recruitment is deemed committed in large scale if
committed against three (3) or more persons individually or as a
group (Article 38 (b) of the Labor Code).

In the case of People vs. Velasco, 727 SCRA 257 GR 195668, June
25, 2014, if the crime is committed inlarge scale, the State
establishes a conspiracy. Conspiracy under the Revised Penal Code is
defined as:

The quantum of proof required to establish conspiracy is similar to the

evidence required to prove a commission of a felony, further, the
elements of conspiracy must be proven beyond reasonable doubt and
the evidence of actual cooperation rather than mere cognizance or
approval of an illegal act is required (Reyes, Luis B., The Revised
Penal Code, Criminal Law Book II, (17h Ed.),2008, page 134).

Criminal Liability and Procedure (Section 6, RA 8042)

The persons criminally liable for the illegal recruitment are the
principals, accomplices and accessories. In case of juridical persons,
the officers having ownership, control, management or direction of
their business who are responsible for the commission of the offense
and the responsible employees/agents thereof shall be liable.

In the filing of cases for illegal recruitment or any of the prohibited

acts under this Section 6 of RA 8042, the Secretary of Labor and
Employment, the POEA Administrator or their duly authorized
representatives, or any aggrieved person may initiate the
corresponding criminal action with the appropriate office. For this
purpose, the affidavits and testimonies of operatives or personnel
from the Department of Labor and Employment, POEA and other law
enforcement agencies who witnessed the acts constituting the offense
shall be sufficient to prosecute the accused.

In the prosecution of offenses involving illegal recruitment, the public

prosecutors of the Department of Justice shall collaborate with the
anti-illegal recruitment branch of the POEAand, in certain cases, allow
the POEA lawyers to take the lead in the prosecution. The POEA
lawyers who act as prosecutors in such cases shall be entitled to
receive additional allowances as may be determined by the POEA
Administrator. The filing of an offense punishable as Illegal
Recruitment is without prejudice to the filing of cases punishable
under other existing laws, rules or regulations.

Penalties (Section 7, RA 8042)

The following are the penalties imposed to any person found guilty of
illegal recruitment:

1. Any person found guilty of illegal recruitment shall suffer the penalty
of imprisonment of not less than twelve (12) years and one (1) day but not
more than twenty (20) years and a fine of not less than One million pesos
(P1,000,000.00) nor more than Two million pesos (P2,000,000.00).
2. The penalty of life imprisonment and a fine of not less than Two million
pesos (P2,000,000.00) nor more than Five million pesos (P5,000,000.00) shall
be imposed if illegal recruitment constitutes economic sabotage as
defined therein. Provided, however, That the maximum penalty shall be
imposed if the person illegally recruited is less than eighteen (18) years of
age or committed by a non-licensee or non-holder of authority.
3. Any person found guilty of any of the prohibited acts shall suffer the
penalty of imprisonment of not less than six (6) years and one (1) day but not
more than twelve (12) years and a fine of not less than Five hundred thousand
pesos (P500,000.00) nor more than One million pesos (P1,000,000.00).
If the offender is an alien, he or she shall, in addition to the penalties
herein prescribed, be deported without further proceedings.

In every case, conviction shall cause and carry the automatic

revocation of the license or registration of the recruitment/manning
agency, lending institutions, training school or medical clinic.
5.Sect. 6. Definition. For purposes of this Act, illegal recruitment shall mean any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract
services, promising or advertising for employment abroad, whether for profit or not, when undertaken by
a non-licensee or non-holder of authority...It shall likewise include the following acts, whether committed
by any person, whether a non-licensee, non-holder, licensee or holder of authority:

(a) To charge or accept directly or indirectly any amount greater than that specified in the schedule of
allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any
amount greater than that actually received by him as a loan or advance;

(b) To furnish or publish any false notice or information or document in relation to recruitment or
employment;

(c) To give any false notice, testimony, information or document or commit any act of misrepresentation
for the purpose of securing a license or authority under the Labor Code;

...

(f) To engage in the recruitment or placement of workers in jobs harmful to public health or morality...

(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly
authorized representative;

(h) To fail to submit reports on the status of employment, placement vacancies, remittance of foreign
exchange earnings, separation from jobs, departures and such other matters or information as may be
required by the Secretary of Labor and Employment;

(i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by
the Department of Labor and Employment.

...

(k) To withhold or deny travel documents from applicant workers...

...

(m) Failure to reimburse expenses incurred by the worker in connection with his documentation and
processing for purposes of deployment, in cases where the deployment does not actually take
place...Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense
involving economic sabotage.

Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is deemed committed in large scale if committed
against three (3) or more persons individually or as a group. The persons criminally liable for the above
offences are the principals, accomplices and accessories. In case of juridical persons, the officers having
control, management or direction of their business shall be liable.
Sect. 7. Penalties.

(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment...and a fine...

(b) The penalty of...and a fine of...shall be imposed if illegal recruitment constitutes economic sabotage
as defined herein.

Provided, however, That the maximum penalty shall be imposed if the person illegally recruited is less
than eighteen (18) years of age or committed by a non-licensee or non-holder of authority.

Sect. 8. Prohibition on Officials and Employees. It shall be unlawful for any official or employee of the
Department of Labor and Employment, the...Overseas Employment Administration, or the Overseas
Workers Welfare Administration (OWWA), or the Department of Foreign Affairs, or other government
agencies involved in the implementation of this Act...to engage, directly or indirectly in the business of
recruiting migrant workers as defined in this Act. The penalties provided in the immediate preceding
paragraph shall be imposed upon them.

[Philippines, Migrant Workers and Overseas Filipinos Act of 1995 (No. 8042)]

Sect. 1. Obligation to take out licence. (1) Employers (hereinafter referred to as "manpower suppliers"
or "suppliers") who intend to place the services of workers (hereinafter referred to as "temporary workers")
at the disposal of third parties (hereinafter referred to as "client") as a commercial operation without
engaging in placement activities as defined in section 13 of the Employment promotion Act shall require a
licence to that effect.

(2) Where workers are placed at the disposal of third parties for the purpose of performing work, the
person who makes their services available is presumed to engage in placement activities if he fails to
assume the normal obligations and risks of an employer (section 3 (1), clauses 1 to 5) or if any single
assignment extends over more than three months.

Sect. 2. Issue of licence and cessation of validity. (1) To obtain a licence an application must be made
in writing.

(2) The issue of a licence may be subjected to certain conditions or circumstances arise that would justify
the refusal of a licence on any of the grounds listed in section 3. Such obligations may also be imposed,
modified or supplemented after a licence has already been granted.

(3) Where no final decision on the application can yet be made, a licence may be granted subject to
withdrawal.

(4) The licence shall be issued for a period not exceeding one year. Applications for renewal must be
made not later than three months before the expiry of the said one-year period. Unless the issuing
authority refuses to renew the licence before the end of the said year, its validity shall be deemed to have
been extended for another year. Even if no renewal is granted, the licence shall continue to be operative
for a maximum of six months for the purpose if winding up the contracts lawfully made in pursuance of
section 1.

(5) After a manpower supplier has been lawfully operating under section 1 for three consecutive years,
the licence may be granted without limit of time. The licence shall lapse if the supplier has made no use
of it for one year.

Sect. 3. Refusal. (1) A licence shall not be granted or renewed if there are facts to warrant the
assumption that the applicant

a) Cannot be trusted to exercise his activity in accordance with section 1, notably because he does not
comply with the statutory provisions relating to social security, to the withholding and remittance of
payroll tax, to placement, to recruitment of workers abroad, to work permits or occupational safety and
health, or does not fulfil the obligations imposed on him by labour legislation;

b) Lacks the organizational facilities to discharge the normal duties of an employer in a proper manner;

c) Limits the duration of the labour contract with the temporary worker to a specified period without any
objective justification on grounds connected with the personal circumstances of the temporary worker
concerned;

d) Enters into a series of labour contracts of unspecified duration with the temporary worker each of
which he terminated by giving notice and then re-engages the temporary worker within the three months
following the termination of the previous employment relationship;

e) Limits the duration of the employment relationship with the temporary worker to the period covered by
his initial assignment with a client; or

f) Places the temporary worker at the disposal of the same client for more than three consecutive months,
such period to be deemed to include any immediately preceding period during which the same worker
was placed at the disposal of the same client by another manpower supplier.

...

Sect. 4. Cancellation. (1) A licence that is contrary to the provisions of the law may be cancelled with
effect as from the date of cancellation. The fourth sentence of section 2 (4) shall apply, mutatis
mutandis.

(2) On the application from the manpower supplier, the issuing authority shall make good to him the
financial loss [the supplier] incurs through having trusted in the continued operation of the licence, to the
extent that his trust is to be taken into account when weighed against the public interest. Such trust
cannot be invoked by manpower supplier, if -

The licence was obtained by fraud, intimidation or an offence against the law;
The licence was obtained on the strength of statements that were untruthful or incomplete on essential
points; or

He knew that the licence was contrary to the law or should have been aware of that fact, if it had not been
for his gross negligence.

The compensation paid for financial loss shall not, however, exceed the manpower supplier's interest in
maintaining the licence. The amount to be paid in compensation shall be fixed by the issuing
authority. To be receivable, the claim must be brought within a year reckoned from the date on which
the issuing authority has drawn the supplier's attention to the said time limit.

(3) A licence may be cancelled only within the year following the date at which the competent authority
became aware of the facts warranting cancellation.

Sect. 5. Withdrawal. (1) A licence may be withdrawn with effect as from the date of withdrawal, if

It has been granted subject to withdrawal in accordance with section 2 (3);

The manpower supplier has failed to comply within the appointed period with an obligation imposed on
him under section 2 (2);

Facts that arise after the licence is issued wold justify refusal of the licence by the issuing authority; or

There is a change in the legal position which would justify refusal of the licence by the issuing authority;
in such cases section 4 (2) shall apply, mutatis mutandis

(2) As soon as the withdrawal takes effect the licence shall lose its validity. The fourth sentence of
section 2 (4) shall apply, mutatis mutandis.

(3) A licence shall not be withdrawn where another licence of the same content would have to be granted.

(4) A licence may be withdrawn only within the year following the date on which the issuing authority
became aware of the facts warranting withdrawal.

Sect. 6. Enforcement. Where a manpower supplier places temporary workers at the disposal of a third
party without holding the required licence, the issuing authority shall enjoin the manpower to cease and
desist and prevent him from carrying on such activity...

Sect. 7. Notification and information. (1) After the licence is granted, the manpower supplier shall,
without being requested to do so, notify the issuing authority in advance of the transfer, closure or
setting-up of establishments, parts of establishments or subsidiary establishments, in so far as their
activities consist in the provision of manpower. Where the licence has been granted to a group of
persons, association, corporation body and another person is subsequently appointed to manage or
represent it in accordance with the law or the statutes or articles of association of the said body, such
change shall likewise be brought to the knowledge of the authority without prior request.
(2) At the request of the issuing authority the manpower supplier shall furnish all information that is
necessary for the implementation of this Act. The information shall be supplied fully, accurately, within
the appointed time and free of charge. At the request of the issuing authority the manpower supplier shall
produce business documents or records to substantiate the truth of his statements or establish their
credibility in another manner. The manpower supplier shall... For not less than three years.

(3) Where such action appears warranted by the facts of the case, the agents of the issuing authority
shall be authorised to enter the property and business premises of the manpower supplier and carry out
investigations on the spot. The supplier shall not obstruct any action taken under the preceding
sentence...

Sect. 8. Statistical reports. (1) Once every six months the manpower supplier shall furnish the issuing
authority with statistical data on

The number of temporary workers assigned, broken down by sex, nationality, occupational categories
and the nature of the activity they engaged in before the contractual relationship with the supplier was
established;

 The number of individual assignments, broken down by economic branches;

 The number of clients that made use of his services broken down by economic branches;
 The number and duration of the labour contracts made with each temporary worker;
 The number of assignments days of each temporary worker broken down by individual
assignments.
 The issuing authority may limit the obligation to furnish the data referred to in the preceding
sentence.

Sect. 9. Nullity. The following shall be null and void:

 Contracts made between manpower suppliers and clients as well as contracts made between
manpower supplier and temporary workers, where the supplier does not hold the licence
required under section 1;
 Time limits set on the duration of the labour contract between the supplier and the temporary
worker, unless they are justified on the objective grounds connected with the personal
circumstance of the temporary worker;
 Termination by the manpower supplier of his labour contract with the temporary worker, if the
supplier re-engage him within three months of such termination;
 Any stipulations to debar a client from engaging a temporary worker at a time when the latter is
no longer under contract to the supplier;
 Any stipulations to debar a temporary worker from entering into a labour contract with a client
at a time when the said worker is no longer under contract to the supplier

...
Sect. 11. Other provisions relating to temporary labour contracts. (1) The manpower supplier shall be
bound to establish and sign a document embodying the basic terms of the labour contract. The said
document shall indicate -

 The manpower supplier's company and its address, the issuing authority and the place and
date of issue of the licence granted under section 1;
 The name and surname of the temporary worker, his place of residence and address and his
date and place of birth;
 The nature of the activity to be performed by the temporary worker including any obligation to
perform work abroad;
 The commencement and duration of the employment relationship as well as any grounds for
limiting its duration to a specified term;
 The periods of notice for termination of the employment relationship;
 Remuneration and mode of payment;
 Benefits in the event of sickness, leave and temporary non-employment;
 Date and place of the establishment of the employment relationship.

Further points agreed upon may also be included in the document. The document provided for in the first
sentence need not be drawn up where the employment relationship is established by a written
agreement containing the indications required under the second sentence. The manpower supplier shall
give the temporary worker the document established under the first or the fourth sentence and keep a
copy of the said document for not less than three years.

(2) In addition the manpower supplier shall, at the time the contract is made, give the temporary worker a
memorandum produced by the issuing authority which summarises the basic elements of this Act. Alien
temporary worker shall receive the memorandum and the document established under sub-section (1) in
their own mother tongue. The costs entailed in connection with the memorandum shall be borne by
supplier.

...

(5) The temporary worker shall not be bound to work for a client directly involved in a labour dispute. In
the event of a labour dispute covered by the preceding sentence the manpower supplier shall make it
clear to the temporary worker that he is entitled to refuse to carry out such work.

...

Sect. 12. Legal relationship between the manpower supplier and the client. (1) The contract between
the manpower supplier and the client must be made in writing. In the instrument the supplier must state
whether he holds the licence prescribed in section 1.

...

Sect. 15. Alien temporary workers without a work permit. Any manpower supplier who in violation of
section 1 places an alien worker who does not hold a work permit...at the disposal of a third party without
being authorised to do so, shall be liable to a term of imprisonment not exceeding...or a fine of not less
than..."

[Germany, Act Respecting the Provision of Manpower as a Commercial

Operation (Manpower Provision Act), 1972]

6. Illegal recruitment when committed by a syndicate or in large

scale shall be considered an offense involving economic
sabotage. Illegal recruitment is deemed committed by a syndicate if
carried out by a group of three (3) or more persons conspiring or
confederating with one another.

8.The Labor Code is the main employment statute in the Philippines and the
Department of Labor and Employment (DOLE) is the administrative entity in
the field of labor and employment.

Foreign nationals planning to work in the Philippines are required to secure a

work visa, which can be obtained from the Philippines’ Bureau of Immigration
(BI), as well as an Alien Employment Permit (AEP) issued by DOLE.

What are the employment permit and relevant visa

categories in the Philippines?

Alien employment permit

An Alien Employment Permit (AEP) authorizes a foreign national to work in the
Philippines. Though not a work permit, AEP is an important legal document
required to secure a work visa in the country.

Some foreign nationals are exempted from obtaining an AEP. These include:

 All members of the diplomatic service and foreign government officials;

 Owners and representatives of foreign principals whose companies
are accredited by the Philippines Overseas Employment Administration
(POEA); and
  Permanent resident foreign nationals and probationary or temporary
resident visa holders under the Philippines’ immigration law.

Besides, foreign nationals working in the Philippines whose employers are

located abroad, or those who do not have an employer are also excluded from
securing an AEP.

However, the issued AEP is valid only for the position and company that it was
secured for. A new AEP must be secured in the event an employee assumes a
new job position within the same company or joins a new company. The
application for an AEP may be filed by the employer or the foreign nationals
themselves.
Requirements to apply for an AEP

 Application form;
 Photocopy of employee’s passport with a valid visa;
 All documents related to the contract of employment;
 Photocopy of current AEP (in cases of reissue); and
 Photocopy of mayor’s permit or photocopy of business permit.

Pre-arranged employment visa or 9 (G) visas

The most common type of work visa issued in the Philippines is the 9 (G) visa,
also known as the Pre-arranged Employment Visa. It allows employers in the
country to employ foreign nationals with skills, qualifications, and experience
that may be in short supply in the country. The issuance of the 9 (G) visa falls
within the competencies of the BI.

A 9 (G) visa is applied through an employer’s sponsorship. Therefore, securing

a job with a Philippines-based company is a prerequisite. Further, applicants
are also required to obtain an AEP before securing a 9 (G)-work visa.

It is important for applicants to note that a 9 (G) holder may only work for the
company that has sponsored his/her work visa. In the case of a change of
employer, the 9 (G) status is downgraded to a tourist visa, and foreign workers
are required to make a new work visa application.

A 9 (G) is valid for an initial period of one, two, or three years, and can be
extended up to three years at a time, depending on the duration of the
employment contract. The validity, however, cannot exceed the period granted
under the AEP issued by the DOLE. The visa can be renewed multiple times.
Requirements to apply for a 9 (G) visa

 Notarized certification of a number of foreign and Filipino employees of

the employer;
 Application form (Form No. 2);
 A medical and physical examination report (FA Form No. 11) issued by
an authorized physician;
 Copy of employment contract, if any;
 Four passport-sized pictures of the applicant;
 Police clearance issued by the police in the applicant’s country of
citizenship;
 Photocopy of employment contract, Securities and Exchange
Commission (SEC) certification, and Articles of Incorporation (AOI);
 A certified true copy of AEP from DOLE;
 BI clearance certificate;
 Alien certificate of registration;
 Applicant’s passport; and
 Other documents are supporting the employment of the applicant.

Treaty trader’s visa or 9 (D) visa

A 9 (D) Visa or Treaty Trader’s Visa is for foreign nationals belonging to
countries that have a bilateral trade agreement with the Philippines. The
Philippines has such an agreement with the United States, Japan, and
Germany.

Requirements to apply for a 9 (D) visa

To qualify for a 9 (D) Visa, foreign nationals must prove that:

 They or their employers are engaged in substantial trade, involving an

investment of at least US$120,000 between the Philippines and their
country of origin;
 They intend to leave the Philippines upon the completion or
termination of their work contract;
 They hold the same nationality as their employer or company’s major
shareholder; and
 They hold a position of a supervisor or executive in the company.

The Treaty Trader’s Visa is valid for up to two years.

Other nationalities who want to invest in the country can apply for special kinds
of resident visas. These are:

 Special resident retiree’s visa – available to international investors who

are at least 35 years of age and who pay a deposit starting from
US$1,500; and
 A special investor’s resident visa (SIRV) – allows the holder to reside
in the Philippines for an indefinite period. They must be willing to invest
at least US$75,000 in the country.

Social insurance in the Philippines

The employer must make social security contributions to the Social Security
System (SSS) on behalf of the employee. This monthly amount corresponds to
the salaries of the covered employees.

9.

95-

ARTICLE 10 SPECIAL PERMIT GRANTING AUTHORITY

SECTION 10.0 SECTION 10.1 SECTION 10.2 SECTION 10.3 SECTION 10.4
SECTION 10.5

SECTION 10.0

10.01

10.02

APPOINTMENT

APPEALS

VARIANCES
SPECIAL PERMITS

CONDITIONS, SAFEGUARDS, AND LIMITATIONS NOTICE OF HEARING

APPOINTMENT

The Zoning Board of Appeals shall consist of three members and four associate
members, all residents of the Town of Amherst, the three members appointed and
serving for three year terms and as otherwise set forth in Chapter 40A of the General
Laws, as amended. The term of each member and associate member shall conclude at
the later of the expiration of such term or the qualification of a successor. Said Board
shall have all of the powers and duties of Boards of Appeals under said Chapter, and,
in addition, all the powers and duties herein prescribed. Copies of rules promulgated
by the Board of Appeals may be obtained from the Town Clerk's Office.

The Planning Board shall consist of nine regular members. In addition, two associate
members may be appointed. All members shall be appointed by the Town Manager,
with approval of the Select Board, under Section 4.54 of the Amherst Town
Government Act and shall be appointed for a term of three years, except for
appointments to fill an unexpired term.

Associate members may sit on the Board only for the purposes of hearing and voting
upon decisions on Special Permit applications and only in the case of absence,
inability to act, or conflict of interest on the part of a regular Board member, or in the
event of a vacancy on the Board.

The Planning Board Chair shall designate the associate member to sit on the Board
when necessary and in accordance with above circumstances.

APPEALS

SECTION 10.1

Appeals to the Board of Appeals may be taken by any persons aggrieved by reason of
their inability to obtain a permit or enforcement action from any administration office
under the provisions of said Chapter 40A, or by the regional planning agency, or by
any person, including an officer or board of the Town or of an abutting Town
aggrieved by an order or decision of the Building Commissioner, Local Inspector, or
other administrative official, in violation of any provision of said Chapter or the
Zoning Bylaw of the Town of Amherst.

Any such appeal shall be taken by the Board within thirty (30) days from the date of
the order or decision which is being appealed, by filing a notice of appeal with the
Town Clerk in accordance with the provisions of Chapter 40A.

SECTION 10.2 VARIANCES

Petitions of variances from the terms of the applicable zoning provisions shall be dealt
with by the Board of Appeals in accordance with Chapter 40A of the General Laws,
as amended. The Board shall grant no variances which would amount to an
amendment of this Bylaw.

SECTION 10.3

10.30

SPECIAL PERMITS

Purpose

Special Permits are intended to provide detailed review of certain Uses and Structures
which may have substantial impact upon traffic, utility systems, and the character of
the Town, among other things. The Special Permit review process is intended to
insure a harmonious relationship between proposed development and its surroundings,
and insure that proposals are consistent with the purpose and intent of this Bylaw.

10.31 Authorization

-96-

10.310 This Bylaw authorizes the Board of Appeals and the Planning Board to be the
Special Permit Granting Authority. A special permit may be required in situations
wherein the issues of use or uses and/or location and design are deemed to warrant a
process of review conducted by the Board of Appeals or Planning Board, and which
includes a public hearing.

10.311 All uses for which a Special Permit is granted shall satisfy:

1. The Special District Requirement set forth in Section 3.2, if applicable;

2. The relevant Standards set forth in Section 3.3; and

3. All other applicable requirements and Standards of this Bylaw.

10.312 Nothing in this Bylaw shall require a change in the plan, construction or
designated use of any structure on land for which a Special Permit is in effect at the
time of adoption of this Bylaw, or on which a Building Permit has been issued;
subject however, to any expiration term of such Special Permit or to Chapter 40A,
Section 6, of the General Laws and to the requirement that construction or operations
under a building or special permit shall conform to any subsequent amendment of the
Bylaw unless the use or construction is commenced within a period of not more than
six months after issuance of the permit, and on cases involving construction, unless
such construction is continued through to completion as continuously and
expeditiously as is reasonable. The Special Permit Granting Authority may require
any such Special Permit to conform with some or all requirements of the Bylaw if it is
amended, modified or transferred.

10.313 In all instances where a Special Permit is required by this Bylaw, no structure
shall be erected or externally enlarged, altered, or used for activities or uses, nor shall
land subject to such a permit be so used, nor shall any area for parking, loading, or
vehicular service, including driveways giving access thereto, be established, used or
changed, except in conformity with said Permit. All Special Permits granted by the
Special Permit Granting Authority shall include an approved site plan bearing the
endorsement of said Authority.

10.32 Application and Approval Procedures

10.320 The size, form, contents, and style of plans and specifications required as part
of an application for a Special Permit are contained in the Rules and Regulations of
the Special Permit Granting Authority, a copy of which is on file in the Town Clerk's
Office.
10.321 The procedure for the submission and approval of Special Permits is prescribed
in the Rules and Regulations of the Special Permit Granting Authority, a copy of
which is on file in the Town Clerk's Office.

10.322 All plans and documents required by this Bylaw shall be considered integral
parts of an application. Applications shall be subject to such Rules and Regulations
relating to scale, dimensions, legend, form, fees, preparation and other information as
may from time to time be promulgated by the Special Permit Granting Authority. The
Special Permit Granting Authority may require additional information in order to
review an application adequately and make a decision. Site Plans for Planned Unit
Residential Developments shall be prepared in accordance with the specifications for
Preliminary Subdivision plans set forth in the Rules and Regulations Governing the
Subdivision of Land, as may be amended from time to time.

10.323 Upon receipt of an application for a Special Permit, the Special Permit
Granting Authority shall transmit copies of the application and plans to appropriate
Town boards and officials which may include: the Building Commissioner, Planning
Director, Town Engineer, Fire Chief, Conservation Director, Board of Health,
Historical Commission, Public Transportation Committee, Leisure Services
Commission, and others as necessary. These boards and officials shall have thirty-five
(35) days to report to the Special Permit Granting Authority their findings and
recommendations. Failure to report in the allotted time shall constitute approval by
that board or official of the application submitted.

-97-

10.33 Modification, Amendment or Renewal

The Special Permit Granting Authority shall have the authority to modify, amend, or
renew its approval of a Special Permit upon written application of the owner, lessee,
or mortgagee of the premise; provided however, that such action is consistent with the
purposes and intent of this Bylaw, and a public hearing has been held.

10.34 Transfer
Where a Special Permit involving the construction of buildings has not been
implemented by substantial construction, said Permit shall not pass to future owners
of the property without a public hearing and approval by the Special Permit Granting
Authority.

10.35 Document Distribution

Where the Special Permit Granting Authority grants a Special Permit, one (1) copy
each of the decision, conditions, and approved plans shall be filed with the Planning
Board, Building Commissioner, and the Town Clerk; one (1) copy shall be returned to
the applicant, and one (1) copy of said document shall be kept on file in the
Department of Inspection Services or Planning Department. The set of documents on
file with the Town Clerk shall bear the endorsement of the Special Permit Granting
Authority and certification by the Special Permit Granting Authority that copies of the
decision and related plans have been filed in accordance with this section.

10.36 Time Schedule

A Special Permit shall only be issued following a public hearing held within 65 days
after the Special Permit Granting Authority receives an application from the Town
Clerk. The Special Permit Granting Authority shall act within 90 days following a
public hearing. Failure to take final action upon an application for a Special Permit
within said 90 days following the date of a public hearing shall be deemed to be a
grant of the permit applied for.

10.37 Expiration

A Special Permit granted under this article shall lapse within two years of the date
that it is filed with the Town Clerk by the Special Permit Granting Authority unless it
has been both recorded at the Registry of Deeds and substantial construction or use
thereunder has commenced within this period

10.38 Specific Findings Required

The Special Permit Granting Authority may grant a Special Permit authorized by this
Bylaw if said Authority finds, when applicable, that:
10.380 The proposal is suitably located in the neighborhood in which it is proposed
and/or the total Town, as deemed appropriate by the Special Permit Granting
Authority.

10.381 The proposal is compatible with existing Uses and other Uses permitted by
right in the same District.

10.382 The proposal would not constitute a nuisance due to air and water pollution,
flood, noise, odor, dust, vibration, lights, or visually offensive structures or site
features.

10.383 The proposal would not be a substantial inconvenience or hazard to abutters,

vehicles or pedestrians.

10.384 Adequate and appropriate facilities would be provided for the proper operation
of the proposed use.

10.385 The proposal reasonably protects the adjoining premises against detrimental or
offensive uses on the site, including air and water pollution, flood, noise, odor, dust,
vibration, lights or visually offensive structures or site features.

-98-

10.386 The proposal ensures that it is in conformance with the Parking and Sign
regulations (Articles 7

and 8, respectively) of this Bylaw.

10.387 The proposal provides convenient and safe vehicular and pedestrian movement
within the site, and in relation to adjacent streets, property or improvements. If the
Special Permit Granting Authority deems the proposal likely to have a significantly
adverse impact on traffic patterns, it shall be permitted to require a traffic impact
report, and the proposal shall comply with Section 11.2437 of this Bylaw.
10.388 The proposal ensures adequate space for the off-street loading and unloading of
vehicles, goods, products, materials and equipment incidental to the normal operation
of the establishment or use.

10.389 The proposal provides adequate methods of disposal and/or storage for sewage,
refuse, recyclables, and other wastes resulting from the uses permitted or permissible
on the site, and methods of drainage for surface water.

10.390 The proposal ensures protection from flood hazards as stated in Section 3.228,
considering such factors as: elevation of buildings; drainage; adequacy of sewage
disposal; erosion and sedimentation control; equipment location; refuse disposal;
storage of buoyant materials; extent of paving; effect of fill, roadways or other
encroachments on flood runoff and flow; storage of chemicals and other hazardous
substances.

10.391 The proposal protects, to the extent feasible, unique or important natural,
historic or scenic features.

10.392 The proposal provides adequate landscaping, including the screening of

adjacent residential uses, provision of street trees, landscape islands in the parking lot
and a landscape buffer along the street frontage. When a non-residential use adjoins a
residential district, an uninterrupted vegetated buffer shall, to the extent feasible, be
established and maintained between buildings associated with uses under this section
and the nearest residential property boundaries. Where natural, undisturbed vegetation
already exists on-site prior to site preparation and clearing, the majority of that
vegetation may be retained and included as part of the buffer, along with the addition
of such new plantings, selective removals, and other management of site plantings as
are determined to be necessary to maintaining an effective year-round visual screen.
See Section 11.3.

10.393 The proposal provides protection of adjacent properties by minimizing the

intrusion of lighting, including parking lot and exterior lighting, through use of cut-off
luminaires, light shields, lowered height of light poles, screening, or similar solutions.
Except for architectural and interior-lit signs, all exterior site lighting shall be
downcast and shall be directed or shielded to eliminate light trespass onto any street
or abutting property and to eliminate direct or reflected glare perceptible to persons on
any street or abutting property and sufficient to reduce a viewer’s ability to see. All
site lighting, including architectural, sign, and parking lot lighting, shall be kept
extinguished outside of those business hours established under an approved site
management plan, except for lighting determined to be necessary for site security and
the safety of employees and visitors.

10.394 The proposal avoids, to the extent feasible, impact on steep slopes, floodplains,
scenic views, grade changes, and wetlands.

10.395 The proposal does not create disharmony with respect to the terrain and to the
use, scale and architecture of existing buildings in the vicinity which have functional
or visual relationship thereto. Within the B-L, B-VC, B-N, COM, OP, LI and PRP
Districts, and any residential zoning district where the project in question occurs
within the boundaries of a National Historic Register District, the Special Permit
Granting Authority shall, if it deems the proposal likely to have a significant impact
on its surroundings, be permitted to use the design principles and standards set forth
in Sections 3.2040 and 3.2041, 1) through 9) to evaluate the design of the proposed
architecture and landscape alterations. Within the B-G and abutting B-L districts, and
for any Town project within any district, the provisions of Section 3.20, Design
Review, shall remain in effect.

SECTION 10.4

10.40

-99-

10.396 The proposal provides screening for storage areas, loading docks, dumpsters,
rooftop equipment,

utility buildings and similar features.

10.397 The proposal provides adequate recreational facilities, open space and
amenities for the proposed use.

10.398 The proposal is in harmony with the general purpose and intent of this Bylaw,
and the goals of the Master Plan.
CONDITIONS, SAFEGUARDS, AND LIMITATIONS

In granting a Variance, the Board of Appeals; or in granting a Special Permit, the

Special Permit Granting Authority, in accordance with Sections 9 and 10 of Chapter
40A, may impose conditions, safeguards, and limitations which shall be in writing and
shall be a part of any Variance or Special Permit granted. Such conditions, safeguards,
and limitations may include, among other matters and subjects:

10.400 Setback, Side and Rear Yards greater than the minimum required by this
Bylaw;

10.401 Screening of parking areas or other parts of the premises from adjoining
premises or from the streets by specified walls, fences, plantings, or other such
devices;

10.402 Limitation of size, number of occupants, method or time of operation or extent

of facilities;

10.403 Modification of the exterior design or appearance of buildings, structures, signs,

or landscape materials.

In granting a Variance, the Board of Appeals; or, in granting a Special Permit, the
Special Permit Granting Authority, may require a bond or other security to insure
compliance with the conditions and approved Site Plan.

NOTICE OF HEARING

10.41

SECTION 10.5

The Special Permit Granting Authority, for a Special Permit application, or the Board
of Appeals, for a Variance or Appeal, shall fix a reasonable time for a public hearing.
The notice, posting, and publication therefore shall be in accordance with the
provisions of Section 11, Chapter 40A of the General Laws.

In addition to the notice requirements of M.G.L. Chapter 40A, the following

requirements shall also apply:
In any instance where a Special Permit or Site Plan Review application is filed with
the Town and there are tenants or lessees on the property which is the subject of the
permit request, the applicant shall provide notice of the permit request to those tenants
or lessees of the units by distributing a notice of the request, with the date, time and
location of the public hearing, to those tenants or lessees, or by posting notice in one
or more common areas such as will likely result in actual notice to tenants or lessees.
The applicant shall submit a sworn and notarized letter to the Permit Granting
Authority stating that this requirement has been met and by what means.

If said notification requirements have been met to the satisfaction of the Permit
Granting Authority, a circumstance where individual tenants or lessees fail to receive
notification shall not serve to invalidate the public hearing.