ORDER NO. 797
ORDER NO. 797
THE MINISTRY OF LABOR AND EMPLOYMENT,
THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION, AND FOR OTHER
WHEREAS, under the new Republic, national economic
be pursued with renewed vigor and greater determination;
WHEREAS, the attainment of national goals is contingent among
on the development of employment opportunities, the protection of
and the promotion of industrial peace;
WHEREAS, recent local and international developments have imposed
demands and challenges on the existing delivery systems for labor and
WHEREAS, under Presidential Decree No. 1416 as amended, the
is empowered to undertake such organizational and related improvements
as may be appropriate in the light of changing circumstances and new
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
by virtue of the powers vested in me by the Constitution and the
vested in me by Presidential Decree No. 1416 as amended, do hereby
SECTION 1. The Ministry of Labor and Employment, hereinafter
to as the Ministry, shall be the primary policy, programming,
and administrative entity of the executive branch of the government in
the field of labor and employment. The primary function of the
shall be the development of employment opportunities, the protection of
workers, and the promotion of industrial peace.
SEC. 2. The authority and responsibility for the exercise of the
powers and the discharge of the functions of the Ministry shall be
in the Minister of Labor and Employment, hereinafter referred to as the
Minister, who shall be appointed by the President. He shall be
by such Deputy Ministers as may be appointed by the president.
Minister is authorized to determine and assign the respective
areas of responsibility of the Deputy Ministers, should there be more
one; provided, that such delineation of responsibilities shall cover
substantive functions and operations of the Ministry; and
further, that no Deputy Minister shall be assigned primarily
SEC. 3. There is hereby created a Bureau of Labor Employment,
shall assume the functions of the Bureau of Apprenticeship and the
employment functions of the Bureau of Employment Services, and which
absorb applicable functions, appropriations, records, equipment,
and such personnel as may be necessary of the abolished units.
SEC. 4. There is hereby created a Philippine Overseas Employment
Administration, hereinafter referred to as the Administration, which
assume the functions of the Overseas Employment Development Board, the
National Seamen Board, and the overseas employment functions of the
of Employment Services; which shall absorb the applicable function,
records, equipment, property, and such personnel as may be necessary of
the abolished units and which shall have the powers; functions, and
as provided for below.
The Administration shall formulate and undertake, in coordination where
necessary with the appropriate entities concerned, a systematic program
of promoting and monitoring the overseas employment of Filipino workers
taking into consideration domestic manpower requirements, and to
their rights to fair and equitable employment practices. It shall
have original and exclusive jurisdiction over all cases, including
claims, involving employer- employee relations arising out of or by
of any law or contract involving Filipino workers for overseas
including seamen. This adjudicatory function shall be undertaken
in appropriate circumstances in consultation with the Construction
Authority of the Philippines. The governing Board of the
as hereinunder provided, shall promulgate the necessary rules and
to govern the exercise of the adjudicatory functions of the
The Administration shall have a three-man Board composed of the
as Chairman, the Administrator, and a third member who shall be
by the President, who shall be well versed in the field of overseas
and who shall serve for a term of two years. The Administrator
such Deputy Administrators as may be necessary shall be appointed by
president. The President may, at his discretion, designate a
Administrator as the third member of the Board, and he may also confer
the rank of Deputy Minister in a concurrent capacity to a particular
of the position of Administrator.
The principal substantive subdivisions of the internal structure of the
Administration shall be established along the major functional areas
to welfare services, placement and market development, and
Each principal substantive subdivision shall be headed by a director
shall be appointed by the President upon the recommendation of the
The Administration shall have its own support staff.
An Advisory Board for Overseas Employment and an Advisory Board for
are hereby created with such members as may be appointed by the
The Advisory Boards shall have an essentially private sector
to advise the Administration on its overseas operations, and its
shall be entitled to rates of compensation comparable to those
for members of the abolished Overseas Employment Development Board and
the National Seamen Board.
The Regional Labor office for the Middle East and Africa created under
Executive Order No. 787 shall form part of the Administration.
head of the Regional labor Office shall have the rank of Ambassador
of Mission II).
SEC. 5. The Bureau of Labor Standards is hereby renamed the
of Working Conditions. In addition to its present functions, the
Bureau shall assume the functions of the Institute of Occupational
and Safety abolished under Executive order No. 591.
SEC. 6. The Ministry proper of the Ministry shall be composed of
an office of the Minister, a planning Service, a labor Statistics
a Financial and management Service, an International Labor Affairs
and a Legal Service. The Deputy Ministers shall form part of the
Office of the Minister.
SEC. 7. The Ministry shall exercise supervision and control
over the following bureaus and offices:
of Local Employment
of Labor Relations
of Working Conditions
of Rural Workers
of Women and Minors
of Labor and Manpower Studies
SEC. 8. The Ministry shall exercise administrative supervision
the following entities:
Labor Relations Commission
Overseas Employment Administration
Fund for Overseas Workers
SEC. 9. The following corporation is attached to the Ministry for
policy and program coordination:
(1) Employees Compensation Commission
SEC. 10. The following entities are hereby abolished, and their
together with applicable appropriations, records, equipment, property,
and such personnel as may be necessary are hereby transferred to such
units of the Ministry as may be deemed suitable by the Minister:
of Employment Services
Legal Assistance Office
Employment Development Board
SEC. 11. The Ministry shall have such ministry-wide regional
as may be necessary, under the supervision and control of the Office of
the Minister, in accordance with Article I, Chapter III, Part II of the
Integrated Reorganization Plan as amended. Each regional office
be headed by an Assistant Regional Director who shall be assisted
necessary by an Assistant Regional Director. The Regional
shall have supervision and control over the activities of the Ministry
in the region, except as may be otherwise determined by the minister.
The abolition of the Arbitration Branches, the Field Services
and the Labor Relations Divisions in the regional offices pursuant to
Order No. 591 shall be given effect and their applicable
records, equipment and such personnel as may be necessary are
to the appropriate units as determined by the Minister.
Positions of Conciliators and Med-Arbiters which may be created under
new staffing patterns in the regional offices, as well as such
in the Bureau of Labor Relations, shall have starting rates of
which shall be equivalent to two salary ranges below those of Arbiters
in the National Labor Relations Commission. The Minister is
to effect from time to time such regional reassignment of Conciliators
and Med-Arbiters as may be necessary in the interest of the service.
SEC. 12. The Ministry shall have such offices overseas as will
it to carry out its responsibilities effectively, subject to prior
by the President on the establishment of each such office abroad.
The labor Attaché or his equivalent shall have supervision over
all other personnel of the Ministry as may be assigned to an embassy or
other foreign service post overseas, including those of the Philippine
Overseas Employment Administration.
SEC. 13. The Minister shall have the authority to reorganize the
internal structure of the various offices and unit under the Ministry,
as enumerated in sections 6, 7, 8, 11, and 12 of this Executive Order.
SEC. 14. The Ministry is hereby authorized to issue such orders,
rules and regulations as may be necessary to implement the provisions
this Executive Order, provided that approval of the Office of Budget
management is obtained relative to the new staffing pattern including
salary rates, the organizational structure at divisional and lower
and the realignment of existing appropriations. The Minister may
appoint qualified personnel of the abolished and reorganized agencies
appropriate positions in the new staffing pattern, and those not so
are deemed laid off.
SEC. 15. All Presidential appointees of the bureaus, offices, and
other entities under the supervision and control of or under the
supervision of the Ministry are laid off, unless otherwise reappointed
by the President; provided, that those who are Career Executive Service
Officers may either be reappointed or reassigned by the President upon
recommendation of the Minister to other appropriate positions in the
or assigned to the Career Executive Service Board which shall endeavor
to find appropriate placement for them in other ministries or agencies;
provided, further, that those Career Executive Service officers who
been assigned in the Career Executive Service Board shall continue to
their salaries from any available and applicable funds; and provided,
that those who are not placed in appropriate positions within six
after their assignment to the Career Executive Service Board shall be
SEC. 16. All those who are laid off under the provisions of this
Executive Order shall be entitled to all benefits and gratuities
for under existing laws.
SEC. 17. Except as may otherwise be determined by the Minister,
present incumbents of positions in the reorganized units of the
shall continue to exercise their usual functions, duties, and
pending the issuance of the appropriate implementing orders.
SEC. 18. To carry out the provisions of this Executive Order,
amount as may be necessary shall be made available to the Ministry from
any applicable appropriation item, subject to the approval of the
upon recommendation at the Office of Budget and Management.
SEC. 19. All laws, decrees, orders, proclamations, rules,
or parts thereof, which are inconsistent with any of the provisions of
this Executive Order are hereby repealed or modified accordingly.
SEC. 20. Any portion or provision of this Executive Order that
be declared unconstitutional shall not have the effect of nullifying
other provisions thereof, provided that such remaining portions can
stand and be given effect in their entirety to accomplish the
of this Executive Order.
SEC. 21. This Executive Order shall take effect immediately.
Done in the City of Manila, this first day of May, in the year of our
nineteen hundred and eighty two.
FERDINAND E. MARCOS
of the Republic
of the Philippines