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This webpage features the full text of the
Ministry Order Relative to the Organization & Establishment of the POEA
Migrant Workers and Overseas Filipinos Act of 1995
[Republic Act No. 8042]
Omnibus Implementing Rules of the Migrant Workers and Overseas Filipinos Act of 1995
[Republic Act No. 8042]
Handbook For Overseas Filipinos
Law Creating the POEA
Executive Order No. 797
REORGANIZING THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION AND FOR OTHER PURPOSES
Executive Order No. 247
Ministry Order Relative to the Organization & Establishment of the POEA
Philippine Law Update:  POEA
 
 

MINISTRY ORDER RELATIVE TO THE ESTABLISHMENT AND ORGANIZATION   OF THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION
 

    Pursuant to Executive Order No. 797, dated 1 May 1982, the Philippine Overseas Employment Administration hereinafter referred to as the Administration is hereby established and organized as follows:
 
 

ARTICLE I. PURPOSES AND OBJECTIVES OF THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION
 
    Section 1. The Administration shall be the lead government agency responsible for the formulation and implementation of policies and programs for the overseas employment of Filipino workers.  In coordination with appropriate entities, it shall formulate and undertake a systematic program for promoting and monitoring the overseas employment of Filipino workers including seamen, taking into consideration domestic manpower requirements and the need to protect their rights to fair and equitable employment practices.  It shall have original and exclusive jurisdiction over all cases involving employer-employee relations, including money claims, arising out of or by virtue of any law or contract involving Filipino workers for overseas employment.

    Sec. 2. The Administration shall assume the functions of the abolished Overseas Employment Development Board, National Seamen Board and the Overseas employment functions of the Bureau of Employment Services, including among others the following:

    1. Establish and maintain a registration and/or licensing system to regulate private sector participation in the recruitment and overseas placement of workers;

    2. Maintain a registry of skills for overseas placements;

    3. Recruitment and place workers to service the requirements of overseas employers for trained and competent Filipino workers;

    4. Promote the development of skills and careful selection of Filipino workers for overseas employment;

    5. Undertake overseas market development activities for placement of Filipino workers;

    6. Secure the best possible terms and conditions of employment of Filipino contract workers and ensure compliance therewith;

    7. Generate Foreign exchange from the earnings of Filipinos employed under its programs; and

    8. Promote and protect the well-being of Filipino workers overseas.

    Sec. 3. The Ministry of Labor and Employment shall have administrative supervision over the Administration.

    Sec. 4. The Administration shall impose and collect fees and other charges for its services, except from workers.  All fees and charges collected shall, as provided in PD 442 and PD 1412, accrue to a Special Trust which shall be used exclusively for the promotion of the objectives of the Administration subject to provisions of Section 40 of PD 1177.

    Sec. 5. In accordance with relevant Presidential directives, the Administration may establish offices abroad for monitoring and servicing overseas employment functions.

    Sec. 6. The Administration shall establish and maintain close relationship and enter into joint projects with the Construction Industry Authority of the Philippines, Ministry of Foreign Affairs, the Philippine Tourism Authority, the Manila International Airport, the Ministry of Justice, Office of the Budget and Management, the labor attaches service corps, and other relevant government entities, in the pursuit of its objectives.  The Administration may also establish and maintain joint projects with private organization agencies, domestic or foreign, in the pursuit of its objectives.
 
 

ARTICLE II. ORGANIZATION AND FUNCTIONS OF THE ADMINISTRATION
 
    Sec. 7. The Organization and functions of the Administration shall be in accordance with the provisions and details contained in Executive Order No. 787, 797, LOI 1215, 1216 and this Order.

    Sec. 8. The scope of the Administration’s authority shall extend over all hirings of Filipinos for overseas employment, including all employments of Filipinos by foreign governments; international and multi-national organizations, firms and entities, whether operating from the Philippines or not, and whether doing business for profit or not.

    Sec. 9. The Administration shall consist, as depicted in the attached organizational chart, of a Governing Board which shall be its policy making body, an Advisory Board for Seamen which shall act as its consultative councils, the Office of the Administrator, the support services and the three major substantive subdivisions, namely: Market Development and Placement Office, Licensing and Regulation Office and the Worker’s Assistance and Adjudication Office.  These three major substantive subdivisions shall be equivalent to bureaus and each shall be headed by a Director appointed by the President.  The Regional Labor Center of the Middle East and Africa, the One-Stop Documentation Center (LOI 1217) and the MIA Assistance Center (LOI 1215) shall form part of the Administration.

 

ARTICLE III. THE GOVERNING BODY
 
    Sec. 10. The Administration shall have a three-man Board composed of the Minister of Labor and Employment as the Chairman, the Administrator, and a third member appointed by the President.  The third member shall be well-versed in the field of overseas employment and shall serve for a term of 2 years.  The third member shall be entitled to the emoluments of a Deputy Administrator.

    Sec. 11. The Governing Board shall be responsible for promulgating and adopting such policies, rules and regulations that would implement and attain the purposes and objectives of the Administration.

    Sec. 12. The Governing Board shall determine the criteria and the priorities for appropriating any portion, or the whole, of the Special Trust Fund accruing from fees and other charges of the POEA.

    Sec. 13. The members of the Governing Board shall be entitled to allowances of P2000 per month.
 
 

ARTICLE IV. THE ADVISORY BOARD
 
    Sec. 14. Further to EO 797, an Advisory Board for Overseas Employment and an Advisory Board for Seamen are hereby created.

    Sec. 15. The Advisory Board shall serve as the consultative councils of the Office of the Administrator and shall provide advice on matters pertaining to overseas operations, recruitment, and the regulation and supervision of private sector participation in the overseas employment program.

    Sec. 16. The Advisory Board shall consists of 11 members each essentially coming from the private sector.  The Chairman and members of the Board shall be designated by the Chairman of the Governing Board.

    Sec. 17. Members of the Advisory Boards shall receive compensation comparable to those received by members of the abolished OESB and NSB Boards.
 
 

ARTICLE V. ORGANIZATION AND FUNCTIONS OF THE OFFICE OF THE ADMINISTRATOR
 
    Sec. 18. The Office of the Administrator shall consist of the Administrator, the Deputy Administrators, their immediate office staffs, and the following support services:
    a. Administrative Service

    b. Financial and Management Service

    c. Data and Research Development Service

    d. Publication and Information Service

    Sec. 19. The Administrator.-

     The Administrator shall be appointed by the President upon the recommendation of the Minister and shall have the rank of a Deputy Minister.  He shall be the Chief Executive Officer of the Administration and shall have, among others, the following powers and functions:

    1. Assume full responsibility for implementing such policies, programs and activities that will attain the purposes and objectives of the Administration.

    2. Enforce all policies, regulations and measures approved by the Governing Board, and allocate appropriate resources for their operations;

    3. Supervise and control the operations of the various offices of the Administration.

    4. Decide all cases involving employer-employee relations, including money claims arising out of or by virtue of any law or contract involving Filipino workers for overseas employment, including seamen.

    5. Recommend to the Minister of Labor and Employment the approval, suspension or cancellation of licenses and authorities to recruit and place workers overseas;

    6. Recommend to the Minister of Labor and Employment all appointments to supervisory, technical, clerical and other positions in the Administration;

    7. Submit to the appropriate authorities at the end of the fiscal period an annual report on the operations of the Administration; and

    8. Perform such other duties as may be provided by law or as may be directed by the Minister of Labor and Employment.

    Sec. 20. The Deputy Administrator.-

     The Deputy Administrator shall have the following duties and responsibilities:

    1. Advise and assist the Administrator in the formulation and implementation of policies, programs and functions of the Administration;
     
    2. Assist in coordinating the operational activities of the Administration, and be responsible to the Administrator for their efficient, effective and economical administration;

    3. Serve as Deputy to the Administrator in all matters and functions of the Administration and the Governing Board; and

    4. Perform such other duties as may be directed by the Administrator.

    Sec. 21. DATA AND RESEARCH DEVELOPMENT SERVICE.- The Data and Research Development Service shall be responsible for providing the Administration with staff support and assistance on matters relating to the establishment of an effective management information and control system, data generation, monitoring, control and use of vital information systems development formulation of data processing policies and standards; long term policy research and statistics.  It shall exercise control and supervision over the Computer and Systems Development Division (EDP) and Research, Statistics and Evaluation Division.

    Sec. 22. FINANCIAL AND MANAGEMENT SERVICE. - The Financial and Management Service shall provide the Administration with technical staff assistance on fiscal, organizational and management development matters particularly on the determination of budgetary requirements, accounting for the Administration’s funds, management of the financial and manpower resources, planning and programming, systems development and project development.  It shall have three divisions under it, namely: Accounting, Budget and Management Division.

    Sec. 23. PUBLICATION AND INFORMATION SERVICE. - The Publication and Information Service shall formulate and execute promotion and information programs that will contribute to the development of employment market overseas and inform and assist the general public in all matters relating to the overseas employment.

    Sec. 24. ADMINISTRATIVE SERVICE. - The Administrative Service is responsible for providing POEA with economical, efficient and effective services relating to personnel, records, supplies, equipment, collection disbursements, security and custodial work.
 
 

ARTICLE VI. ORGANIZATION AND FUNCTIONS OF THE MARKET DEVELOPMENT AND PLACEMENT OFFICE
 
    Sec. 25. The Market Development and Placement Office. - This Office shall have the following functions:
    1. Promote and develop overseas employment opportunities for Filipino workers of varying skill categories through organized and comprehensive manpower programs and strategies.

    2. Promote and develop bilateral Recruitment Agreements with Foreign governments and their instrumentalities.

    3. Provide comprehensive facilities for handling all phases of overseas employment of Filipino workers hired through government-to-government arrangements.

    4. Provide integrated placement and processing services to facilitate the fast delivery of qualified Filipino workers to worksite of employee.

    5. Undertake continuous research on overseas labor market information including wages and employment terms and conditions.

    6. Ensure the uniform implementation of employment standards and wages for Filipino contract workers hired for overseas employment.

    7. Undertake the expeditious processing of travel documents of Filipino workers returning to worksite to resume their contractual employment with foreign employers.

    Sec. 26. In pursuance of the above powers and functions there shall be established in the Labor Market and Placement Office three operating departments, as follows:
    a. Government Placement Department;

    b. Accreditation and Contract Processing Department; and

    c. Market Promotion and Development Department.

    Sec. 27. The Market Development and Placement Office shall be headed by a Director who shall be appointed by the President.  The Director shall have the rank and emolument of a Bureau Director.  He shall have control and supervision over the operating departments/divisions of the Office.
 
 
ARTICLE VII. ORGANIZATION AND FUNCTIONS OF THE WORKERS ASSISTANCE AND ADJUDICATION OFFICE

    Sec. 28. The Workers Assistance and Adjudication Office.  The Workers Assistance and Adjudication Office shall have the following powers and functions:

    a. Adopt policies, rules and procedures for the implementation of the Administration’s welfare services and other assistance program to overseas jobsite or within the country.

    b. Exercise the Administration’s original and exclusive jurisdiction over all cases involving employer-employee relations including money claims arising out of or by virtue of any law or contract involving Filipino workers for overseas employment, including seamen.

    c. Conduct pre-departure orientation briefing for departing workers and, in coordination with the WELFUND, undertake studies and materials development for the pre-departure briefings and related activities.

    d. Maintain a registry of workers according to skills for marketing, placement and promotion purposes.

    e. Establish procedures and capability within the Administration for the immediate and effective repatriation of Filipino workers whenever the same shall be necessary.

    f. Prescribe procedures and standards and implement the same in order that the Administration is able to effectively deal with the conduct and discipline of Filipino workers overseas.

    g. Develop and undertake skills training and upgrading programs singly or in coordination with other organizations or agencies, establish and/or accredit training centers and certify graduates of these centers on the basis of their specific skill capabilities.

    h. Perform all necessary acts to attain the purposes and objectives of the Administration in the promotion and protection of the welfare of the overseas workers and their families.

    Sec. 29. In pursuance of the above powers and functions, there shall be established in the Workers Assistance and Adjudication Office four Departments as follows:
    a. Welfare Services Department;

    b. Education and Training Department;

    c. Adjudication Department; and

    d. Manpower Registry Department.

    Sec. 30. The Workers Assistance and Adjudication Office shall be headed by a Director who shall be appointed by the President.  The Director shall have the rank and emoluments of a Bureau Director.  He shall have control and supervision over the operating departments/divisions of the Office.
 
 
ARTICLE VIII. ORGANIZATION AND FUNCTIONS OF THE LICENSING AND REGULATION OFFICE
 
    Sec. 31. The Licensing and Regulation Office. - The Licensing and Regulation Office shall perform the following functions:
    a. Process applications for license or authority to operate private recruitment entities, construction companies and shipping agencies and recommends to the Minister appropriate action thereon.

    b. Recommend to the Administrator appropriate actions for violations of the conditions of license or authority including the suspension or cancellation or revocation thereof.

    c. Monitor the status of cash and surety bonds and require the replenishment or renewal thereof.

    d. Prepare and update lists of licensed or authorized employment agencies, construction contractors and shipping agents for the guidance of the public.

    e. Prepare and implement an inspection program for the effective supervision and evaluation of the activities of private employment agencies, private recruitment entities, construction contractors and shipping agents.

    f. Prepare and implement programs for the eradication of illegal recruitment activities and provide support services to the inter-agency council on illegal recruitment in its campaign against illegal recruitment.

    g. Prepare and implement programs for the evaluation of employment agencies and shipping companies in pursuance of the regulatory functions of the Office and in aid of policy formulation.

    h. Formulate and implement programs for standardization of allowable fees to be charged by private employment entities, medical clinics and testing centers;

    i. Review and evaluate requirements for issuance of license and authorities.

    j. Review and evaluate service or employment agreements between principals and employment and shipping agencies, specifying therein the minimum terms and conditions of employment of overseas Filipino workers.

    k. Formulate and implement programs for the effective monitoring of foreign exchange remittances of overseas contract workers.

    Sec. 32. In pursuance of the above objectives, there shall be established in the Licensing and Regulation Office three operating Departments, as follows;
    a. Licensing and Evaluation Department;

    b. Inspection and Standards Development Department; and

    c. Recruitment Regulation Department.

    Sec. 33. The Licensing and Regulation Office shall be headed by a Director who shall have the rank and emoluments of a Bureau Director.  He shall have control and supervision over the operating Departments of the Office.
 
 
ARTICLE IX. ORGANIZATION AND FUNCTIONS OF THE REGIONAL LABOR CENTER FOR THE MIDDLE EAST AND AFRICA
 
    Sec. 34. A Regional Labor Center for the Middle East and Africa, hereafter referred to as the Center, is created as part of the Philippine Overseas Employment Administration.

    Sec. 35. The Center’s area of operations shall cover the following countries: Saudi Arabia, Kuwait, Bahrain, Qatar, Oman, United Arab Emirates, Iraq, Jordan, Lebanon, Iran, North and South Yemen, Nigeria, Libya, Malta and Cyprus and such other areas may be designated..

    Sec. 36. The Center shall have as its objectives the maximization of employment and contracting opportunities for Filipino workers and companies, and the improvement of existing arrangements to enhance the welfare and protection of the interest of Filipino workers.  It shall be responsible for coordinating the labor attaché activities on employment promotion and worker’s protection in its areas of operations.  Labor attaches in the Middle East and Africa shall be attached to the Center for the above-stated purposes.

    Sec. 37. In pursuance of its objectives, the Center shall, subject to the guidelines as may be issued by the Administration, perform the following functions:

    1. Undertake and coordinate all labor, employment and welfare activities in its area of operation including liaison with the relevant agencies and entities in the host countries;

    2. Promote Filipino manpower and expertise in consonance with approved market development plans;

    3. Protect the interests and promote the welfare of Filipino workers and seamen;

    4. Maximize foreign exchange generation from Filipino workers and seamen;

    5. Undertake cultural, welfare, information and legal assistance to Filipino workers and seamen and, where appropriate, to Filipino companies;

    6. Maintain a permanent registry of all workers and companies employing Filipinos in the area of coverage including all contracts entered into by these companies and workers;

    7. Review and endorse for processing and approval by the appropriate Office in the Administration all contracts brought to the Center’s attention, and monitor the implementation of all contracts or agreements entered into between Filipino companies and their foreign principals, clients/partners or by and between workers and their employers in its area of operation.

    8. Within the limitation of laws of the country of employment, settle amicably through conciliation all matters involving employer-employee relations, including money claims arising therefrom, brought to its attention.  Should its conciliation efforts fail, the Center shall endorse the matter together with all pertinent documents to the Administration, which shall undertake formal legal action thereon.

    9. Recommend to the Administration the granting, suspension or revocation of authorities to participate and deploy workers of agencies or companies in the area covered;

    10. Perform such other functions as may be assigned by the Administration.

    Sec. 38. Subject to guidelines to be issued by the Administration, the Center shall impose and collect fees and other charges for its services, except from workers.  Such fees and charges shall form part of the Administration’s income receipts which shall accrue to a Special Account, and of which a portion may be used for the activities of the Center, subject to the provisions of Section 40 of Presidential Decree No. 1177.

    Sec. 39. The Center’s appropriations shall be sourced from the General Appropriations Act, and grants/or financial aid from various sources including the Welfare Fund.  Its quarterly appropriations shall be released directly by the POEA to the Center which shall be responsible for administering the same, subject to the usual accounting and auditing procedures.
 
 

ARTICLE X. TRANSITORY PROVISIONS
 
    Sec. 40. In conformity with the foregoing organization and statement of functions, all positions in the OEDB and the NSB and appropriate positions in the BES with overseas employment functions shall be transferred, integrated and realigned under the Administration in accordance with the attached organizational staffing pattern and compensation plan.  These positions are considered vacant until new appointments are issued.

    Sec. 41. Incumbents of OEDB, NSB and BES positions shall continue to discharge their functions and responsibilities and shall continue to receive their entitlements unless otherwise directed and/or the new POEA budget is approved.

    Sec. 42. The cut-off date for the closing of the books of accounts of the OEDB/NSB/BES shall be determined upon the approval of the new integrated Budget of the Administration for 1982.

    Sec. 43. On the cut-off date, the OEDB and NSB shall close its books and transfer the balances of all existing assets, liabilities and surplus capital to the Administration.  The BES shall similarly close its books and shall transfer appropriate balances of existing assets, liabilities and surplus capital of its central head office to the Administration.

    Sec. 44. The Administration shall open a new set of books of accounts and transfer and balances on the cut-off date of all existing assets, liabilities, and surplus capital from the OEDB and the NSB, and the appropriate portion from the BES.

    Sec. 45. For the purpose of reconciliation, consolidation and adjustment, the closing of the books of accounts of the OEDB/NSB/BES and the opening of books of accounts of the Administration, a maximum of 6 months transitory period from the cut-off date shall be allowed to effect such a transfer.

    Sec. 46. Further to Section 40, the Administration may already transact business and such transactions shall be recorded in a new set of books including the expenses incurred in connection with the winding-up activities.

    Sec. 47. In the meantime that the transfer/consolidation has not been fully effected, the following shall be observed:

    1. The head of the Administration may authorize existing personnel to continue rendering services for them to analyze, reconcile and effect the transfer as provided herein.

    2. Clearances of all officials and employees of the OEDB, BES and NSB who may not be retained shall not be issued until after they have fully satisfied or settled their accounts and liabilities.

    Sec. 48. All income earned by the OEDB, NSB, and BES for CY 1982 prior to integration shall be credited to the account of POEA and is subject to Section 4 of these rules.
 
 
ARTICLE XI. EFFECTIVITY
 
    Sec. 49. This order shall take effect _____ day of June, 1982.
VICENTE LEOGARDO, JR.
Acting Minister
Ministry of labor and Employment
 

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