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EXECUTIVE ORDER NO. 991 - GOVERNING
THE ENFORCEMENT OF GOVERNMENT APPROVED EMPLOYMENT CONTRACTS OF FILIPINO
CONTRACT WORKERS WORKING OVERSEAS
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| WHEREAS, existing laws and regulations
concerning employment have not actively enhanced the policy of the
state in encouraging recruitment to Filipino contract worker for
overseas employment, WHEREAS, the continuing serious threat on the country’s overseas employment industry precipitated by breach of government approved employment contracts merits immediate and grave attention; WHEREAS, impairment or breach of government approved employment contracts, committed abroad or outside Philippine territory have resulted in a loss of overseas job opportunities for thousands of Filipino contract workers; WHEREAS, it has become imperative to safeguard the employment of thousands of Filipino contract workers; WHEREAS, it is mandatory that the government adopts a consistent policy of giving protection to labor without allowing or tolerating breach or disregard of commitments under government approved employment contracts; WHEREAS, in carrying out the objectives of government, it is necessary that appropriate and effective sanctions are imposed on erring parties by and through the various agencies of government, particularly the Ministry of Labor and Employment; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the power vested in me by the Constitution, do hereby order: SECTION 1. Every contract for overseas employment entered into by and between a Filipino contract worker and a recruitment/manning agencies/contractors for and in behalf of its principal or employers shall be for a fixed period, the terms and conditions of which must be in accordance with those prescribed and approved by the Ministry of Labor and Employment through the Philippine Overseas Employment Administration; SECTION 2. Substitution or alteration of government-approved employment contracts through fraud, duress, coercion or intimidation, shall after due investigation, be subject to the following sanctions: a)
Fraud, duress, coercion or intimidation on the part of a foreign
principal shall be a ground for disqualification/cancellation of its
accreditation;
b) Fraud, duress, coercion or intimidation on the part of the recruitment/manning agencies/contractors shall be a ground for the cancellation/suspension of its license; c) Fraud, duress, coercion or intimidation by Filipino contract workers shall be a ground for disqualification/suspension from the overseas employment program. The Ministry of Labor and Employment/POEA shall order the immediate repatriation of the erring contract workers at their expense after due process and hearing. * SECTION 4. The Ministry of Labor and Employment (MOLE)/Philippine Overseas Employment Administration (POEA) is hereby directed to provide assistance in any on-site conflict that may arise in the interpretation and/or implementation of the employment contracts, or to prevent intervention or interference by foreign entities leading or amounting to a breach or impairment of obligations and the terms and conditions of government approved employment contracts involving Filipino contract workers. The sum of TWO HUNDRED THOUSAND PESOS (P200,000.00) is hereby set aside from the Welfare Fund, to be held in trust by POEA, and used exclusively for this purpose. Such fund shall be replenishable by the Welfare Fund. SECTION 5. The MOLE/POEA may solicit the assistance or cooperation of other government agencies which are in turn directed to extend their full support in the fulfillment of the objectives of this Order. SECTION 6. The MOLE/POEA is hereby directed to promulgate the necessary rules and regulations for the implementation of this Order within ten (10) days from signing hereof. Done in the City of Manila, this 17th day of October, 1984. * Copied verbatim from documents obtained directly from the Bureau of Printing publication. (missing Section 3) |
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