a. Promote and develop overseas employment opportunities in cooperation with relevant government institutions and the private sector;

b. Establish the environment conducive to the continued operations of legitimate, responsible and professional private agencies;

c. Afford protection to Filipino workers and their families, promote their interests and safeguard their welfare; and

d. Develop and implement programs for the effective monitoring of returning contract workers promoting their re-training and re-employment of their smooth re-integration into the mainstream of the national economy.

a. Administration – the Philippine Overseas Employment Administration (POEA).

b. Administrator – the Administrator of the POEA.

c. Agency – A private employment or a manning agency as defined herein.

d. Allottee – any person named or designated by the overseas contract workers as the recipient of his remittance to the Philippines.

e. Balik-Manggagawa (Vacationing Worker) – a land-based contract worker who is on a vacation or on an emergency leave and who is returning to the same worksite to resume his employment.

f. Beneficiary – the person/s to whom compensation benefits due under an overseas employment contract are payable by operation of law or those to whom proceeds of a life or accident insurance are likewise payable.

g. Center – the POEA Regional Center in Cebu and such other regional centers as may hereinafter be established.

h. Code – the Labor Code of the Philippines, as amended.

i. Collective Bargaining Agreement – the negotiated contract between a legitimate labor organization and the employer concerning wages, hours of work and all other terms and conditions of employment in a bargaining unit, including mandatory provisions for grievance and arbitration machineries.

j. Contract Worker – any person working or who has worked overseas under a valid employment contact.

k. Department – the Department of Labor and Employment (DOLE).

l. Directorate – the executive body of the Administration composed of its Administrator, Deputy Administrators and Directors as defined herein.

m. Director-LRO – the Director of the Licensing and Regulation Office.

n. Director-PSO – the Director of the Pre-Employment Services Office.

o. Director-AO – the Director of the Adjudication Office.

p. Director WEO – the Director of the Welfare and Employment Office.

q. Employer – any person, partnership or corporation, whether local or foreign, directly engaging the services of Filipino workers overseas.

r. Foreign Exchange (Forex) Earnings – the earnings in terms of US dollars (US$) or any other acceptable foreign currency of overseas workers and agencies.

s. Governing Board – the policy-making body of the Administration.

t. Government-to-Government Hiring – recruitment and placement of Filipino workers by foreign government ministries or instrumentalities through the Administration.

u. Job Fair – an activity conducted outside of an agency’s authorized business address whereby applicants are oriented on employment opportunities and benefits provided by foreign principals and employers.

v. License – a document issued by the Secretary authorizing a person, partnership or corporation to operate a private employment agency or a manning agency.

w. Manning Agency – any person, partnership or corporation duly licensed by the Secretary to recruit seafarers for vessel plying international waters and for related maritime activities.

x. Manning Agreement – an agreement entered into by and between the principal and the licensed manning agency defining the responsibilities of both parties with respect to the employment of ship personnel for their enrolled vessels.

y. Commission – the National Labor Relation Commission.

z. Name Hire – a worker who is able to secure employment overseas on his own without the assistance or participation of any agency.

aa. Non-Licensee – any person, partnership or corporation who has not been issued a valid license to engage in recruitment and placement, or whose license has been suspended, revoked or cancelled.

bb. One-Stop Processing Center – an inter-agency servicing body designed to facilitate the documentation of contract workers.

cc. Overseas Employment – employment of a worker outside the Philippines including employment on board vessels plying international waters, covered by a valid employment contract.

dd. Philippine Shipping Company – any person, partnership or corporation registered under the laws of the Philippines and duly accredited to engage in overseas shipping activities by the Maritime Industry Authority (MARINA).

ee. Philippine Registered Vessel – vessels duly registered in the Philippines.

ff. Placement Fee – the amount charged by a private employment agency from a worker for its services in securing employment.

gg. Principal – any foreign person, partnership or corporation hiring Filipino workers through an agency.

hh. Private Employment Agency – any person, partnership or corporation engaged in the recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employees or both.

ii. Recruitment Agreement – the agreement entered into by and between the foreign principal and the licensed private employment agency defining the responsibilities of both parties with respect to the employment of workers for their overseas projects.

jj. Recruitment and Placement – any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not; provided, that any person or entity which, in any manner, offers or promises for a fee employment to two or more persons shall be deemed engaged in recruitment and placement.

kk. Regional Director – the head of the Regional Offices of the Department.

ll. Regional Extension Unit – the field offices of the Administration in designated regions in the Philippines.

mm. Regional labor Center (RLC) – the regional field office of the Administration.

nn. Regional Offices – the regional office of the Department of Labor and Employment.

oo. Remittance – the amount or portion of the foreign exchange earnings sent by the worker to the Philippines.

pp. Secretary – the Secretary of Labor and Employment.

qq. Service Fee – the amount charged by a licensee from its foreign employer-principal as payment for actual services rendered in relation to the recruitment and employment of workers for said principal.

rr. Valid Employment Contract – a written agreement entered into by and between the employer and/or the local agency and the overseas contract worker containing the terms and conditions of employment that are in consonance with the master employment contract as approved by the Administration.

ss. Verification – the action of labor attaché or any other officer designated by the Secretary of Labor and Employment in the Philippine Embassy or Consulate, in reviewing employment documents of Filipino nationals with the view to establish the existence of the employing company, its ability to hire workers at the prescribed rates, at desirable working conditions consistent with the standards prescribed by the Administration and terms and conditions prevailing in the country of employment.

a. Filipino citizens, partnerships or corporations at least seventy five percent (75%) of the authorized and voting capital stock of which is owned and controlled by Filipino citizens;
 
b. A minimum capitalization of One Million Pesos (P1,000,000.00) in case of a single proprietorship or partnership and a minimum paid-up capital of One Million Pesos (1,000,000.00) in  case of a corporation; and
 
c. Those not otherwise disqualified by law or these guidelines to engage in the recruitment and placement of workers for overseas employment.

a. Travel agencies and sales agencies of airline companies;
 
b. Officers or members of the Board of any corporation or members in a partnership engaged in the business of a travel agency;
 
c. Corporations and partnerships, when any of its officers, members of the board or partners, is also an officer, member of the board of partner of a corporation or partnership engaged in the business of a travel agency;
 
d. Persons, partnerships or corporations which have derogatory records such as, but not limited to overcharging of placement or documentation fees, false documentation, illegal recruitment and swindling or estafa, or those convicted of crimes involving moral turpitude;
 
e. Persons employed in the Department or in other government offices directly involved in the overseas employment program, and their relatives within the fourth degree of consanguinity or affinity; and
 
f. Persons, partners, officers and Directors of corporations whose license has been previously cancelled or revoked for violation of the Labor Code, or its implementing rules, or other relevant laws, decrees, rules and regulations, and issuances.

a. A certified copy of the Articles of Incorporation or of Partnership duly registered with the Securities and Exchange Commission (SEC), in the case of corporation or partnership or Certificate of Registration of firm or business name with the Bureau of Domestic Trade (BDT) in the case of a single proprietorship;

b. Proof of financial capacity:  In the case of a single proprietorship or partnership, verified income tax returns for the past two (2) years and a bank certificate of a cash deposit of P250,000.00, provided that the applicant should submit an authority to examine such bank deposit.

In the case of a newly organized corporation, submission of a bank certificate of a cash deposit of at least P250,000.00 with authority to examine the same.  For an existing corporation, submission of a verified financial statement, corporate tax returns for the past two (2) years and bank certification of a cash deposit of at least P250,000.00 with the corresponding authority to examine such deposit.

c. Escrow agreement in the amount of P200,000.00 with an accredited reputable banking corporation to primarily answer for valid and legal claims of recruited workers as a result of recruitment violations or money claims;

d. Clearance of all members of the Board of Directors, partner, or proprietor of the applicant agency from the National Bureau of Investigation (NBI) and other government agencies as the need may require, Fiscal’s clearance in case of persons with criminal cases; provided that where the member or partner concerned is a foreigner, clearance from his country of origin shall be acceptable;

e. Proof of marketing capability;
 

For land-based applicants:
 
An applicant with an actual principal/foreign employer to be serviced, shall at the time of application submit the following documents for evaluation:
 
(1) A duly executed Special Power of Attorney authenticated by the Philippine Embassy/Consulate or Labor Attache in the place where the principal/employers hold their office; or
 
(2) A concluded service/recruitment agreement authenticated by the Philippine Embassy/Consulate, or Labor Attache in the place where the project/job site is located;
 
(3) An authenticated manpower mobilization request or visa approval of not less than fifty (50) workers for deployment within a period not exceeding six (6) months from issuance of approved license;
 
An applicant who, at the time of application is unable to present a foreign principal/employer shall, upon compliance with all other licensing requirements as herein provided, be issued a provisional license, subject to submission of a verified undertaking to deploy at least fifty (50) workers, exclusive of direct hired, within a period not exceeding six (6) months from date of issuance of provisional license.  It is understood that failure to comply with this undertaking shall result in the automatic revocation of the provisional license.
 
For manning applicants:

(1) A duly executed Special Power of Attorney authenticated by the Philippine Embassy/Consulate or Labor Attache in place where the vessel owners/operators/manager hold their principal office; or
 
(2) A duly concluded manning agreement authenticated by the Philippine Embassy, Consulate, or Labor Attache in the place where the vessel/owners/operators/ manager hold their principal office;
 
(3) A manpower mobilization request of not less than fifty (50) seafarers for deployment within a period not exceeding six (6) months from issuance of approved license.

f. A verified undertaking stating that the applicant:

(1) Shall select only medically and technically qualified recruits;
 
(2) Shall assume full and complete responsibility for all claims and liabilities which may arise in connection with the use of license;
 
(3) 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 repatriation;
 
(4) Shall guarantee compliance with the existing labor and social legislations of the Philippines and of the country of employment of recruited workers; and
 
(5) Shall assume full and complete responsibility for all acts of its officials, employees and representatives done in connection with recruitment and placement;

g. List of all officials and personnel involved in the recruitment and placement, together with their appointment, bio-data and two (2) copies of their passport-size pictures.

h. Copy of contract of lease or proof of building ownership together with office address.

Section 3.  Issuance of License.  - The Administration shall recommend to the Secretary issuance of the corresponding license upon due evaluation and compliance with licensing requirements and operational standards.

Section 4.  Payment of Fees and Posting of Bonds. - Upon approval of the application, the applicant shall pay a license fee of P30,000.00.  It shall also post a cash bond of P100,000.00 and a surety bond of P50,000.00 from a bonding company acceptable to the Administration and duly accredited by the Insurance Commission.  The bonds shall answer for all valid and legal claims arising from violations of the conditions for the grant and use of the license, and/or accreditation and contracts of employment.  The bonds shall likewise guarantee compliance with the provisions of the Code and its implementing rules and regulations relating to recruitment and placement, the Rules of the Administration and relevant issuances of the Department and all liabilities which the Administration may impose.  The surety bonds shall include the condition “that notice to the principal is notice to the surety and that any judgment against the principal in connection with matters falling under POEA’s jurisdiction shall be binding and conclusive on the surety.  The surety bonds shall be co-terminus with the validity period of the license.

Section 5.  Validity of License. - Every license shall be valid for at least two (2) years from the date of issuance unless sooner cancelled or revoked by the Secretary or suspended by the Administration for violation of the Code and its rules and relevant decrees, orders and issuances and other rules and regulations of the Department.   Such license shall be valid only at the place/s stated therein and when used by the licensed person, partnership or corporation.

Section 6.  Non-Transferability of License. - No license shall be transferred, conveyed or assigned to any person, partnership or corporation.  It shall not be used directly or indirectly by any person, partnership or corporation other than the one in whose favor it was issued.  Violation shall cause automatic revocation of license.

In case of death of the sole proprietor, and in order to prevent disruption of operation and so as not to prejudice the interest of legitimate heirs, the licensed single proprietorship may be allowed to continue only for the purpose of winding up its business operation.

Section 7.  Change of Ownership/Relationship of Single Proprietorship or Partnership. - Transfer or change of ownership of a single proprietorship licensed to engage in overseas employment shall cause the automatic revocation of the license.  The new owner shall be required to apply for a license in accordance with these Rules.

A  change in the relationship of the partners in a partnership duly licensed to engage in overseas employment which materially interrupts the course of the business or results in the actual dissolution of the partnership shall likewise cause the automatic revocation of the license.

Section 8.  Upgrading of Single Proprietorship or Partnerships. - License holders which are single proprietorships or partnerships may, subject to the guidelines of the Administration, convert into corporation for purposes of upgrading or raising their capabilities to respond adequately to developments/changes in the international labor market and to enable them to better comply with their responsibilities arising from the recruitment and deployment of workers overseas.

The approval of merger, consolidation or upgrading shall automatically revoke or cancel the licenses of the single proprietorships, partnerships or corporations so merged, consolidated or upgraded.

Section 9.  Change of Directors of Corporation. -  Every change in the composition of the Board of Directors of a corporation licensed to participate in overseas employment shall be registered with the Administration within thirty (30) calendar days from the date the change was decided or approved.  The corporation shall be required to submit to the Administration the Minutes of Proceedings duly certified by the SEC, the bio-data and clearances of the new members of the Board from the government agencies identified in Section 1 (e) of this Rule.

Section 10.  Change of Other Officers and Personnel. - Every change or termination of appointment of officers, representatives and personnel shall be registered with the Administration within thirty (30) calendar days from the date of such change.

The Administration reserves the right to deny the appointment of officers and employees who were directly involved in recruitment irregularities.

Section 11.  Appointment of Representatives. - Every appointment of representatives or agents of licensed agency shall be subject to prior approval or authority of the Administration.
 
The approval may be issued upon submission of or compliance with the following requirements:

a. Proposed appointment or special power of attorney;
 
b. Clearances of the proposed representative or agent from NBI;
 
c. A sworn or verified statement by the designating or appointing person or company assuming full responsibility for all acts of the agent or representative done in connection with the recruitment and placement of workers;

Section 13.  Transfer of Business Address and Studio. -  Any transfer of business address shall be effected only with prior authority or approval of the Administration.  The approval shall be issued only upon formal notice of the intention to transfer with the following attachments:

a. Copy of the company’s notice to the BDT or the SEC on the transfer of business address;
 
b. In the case of a corporation, a Board Resolution duly registered with the SEC authorizing the transfer of business address;
 
c. In the case of a single proprietorship, a copy of the BDT’s acknowledgment of the notice to transfer; and
 
d. Copy of the contract of lease or proof of building ownership.

A notice to the public of the new address shall be published in a newspaper of general circulation.

Section 14.   Establishment of Executive Office.  - The establishment of an executive office outside of the registered address shall be effected only with prior approval or authority of the Administration.  The approval may be issued upon submission of an affidavit of undertaking to the effect that no recruitment activity whatsoever shall be conducted thereat and that the agency has a valid contract of lease or building ownership.

Section 15.  Establishment of Branch and Extension Offices. - Branch and extension offices may be established in areas approved by the Secretary, subject to implementing guidelines.

Section 16.  Conduct of Recruitment Outside of Registered Office, Branch or Extension Office. -  No licensed agency shall conduct any provincial recruitment, job fairs or recruitment activities of any form outside of the address stated in the license, acknowledged Branch or Extension Office or without first securing prior authority from the Administration of the Center.

Section 17.  Renewal of License. - An agency shall submit an application for the renewal thereof to the Administration.  Such application shall be supported by the following documents:

a. Proof of foreign exchange earnings issued by the Central Bank;
 
b. Surety bond duly renewed or revalidated;
 
c. Escrow agreement in the amount of P200,000.00 with an accredited reputable banking corporation to primarily answer for valid and legal claims of recruited workers as a result of recruitment violations or money claims;
 
d. Replenishment of the cash bond in case such or any part thereof is garnished;
 
e. Proof of financial capacity such as but not limited to verified financial statements for the past two (2) years, verified corporate or individual tax returns with confirmation receipts, and compliance with capitalization requirements and infusion thereof as the case may be, as certified by the Securities and Exchange Commission;
 
f. Summary of deployment reports during the validity of the license sought to be renewed;
 
g. Summary of payroll reports in case of contractors and manning agencies during the validity of the license sought to be renewed; and
 
h. Other requirements as may be imposed by the Administration.

Section 19.  Action on Renewal of License.  - Within thirty (30) calendar days from receipt of the application for renewal the Administration shall undertake evaluation and inspection and thereafter recommend to the Secretary the grant or denial of the application.

Section 20.  Failure to Renew. - Any agency which fails to obtain a renewal of its license within thirty (30) calendar days from expiration thereof, shall be immediately deemed delisted and disallowed from conducting recruitment and placement.

Section 21.  Denial of Renewal of Licenses.  - Licenses of agencies which fail to conclude a recruitment or manning agreement and/or undertake minimum levels of worker deployment and foreign exchange generation or those which fail to meet the minimum operational standards and requirements set by the Administration, shall not be renewed.

Section 22.  When to Consider Cash Bond/Deposit in Escrow Garnished. -  As soon as an Order of Garnishment is served upon the Administration/Bank, and the same is correspondingly earmarked, the cash bond/deposit in escrow of an agency shall no longer be considered sufficient.  The Administration shall forthwith serve upon the agency a notice to replenish.

Section 23.  Replenishment of Cash or Surety Bonds/Deposit in Escrow. - Within fifteen (15) calendar days from date of receipt of notice from the Administration that the bonds/deposit in escrow, or any part thereof had been garnished, the agency shall replenish the same.  Failure to replenish such bonds/deposit in escrow within the said period shall cause the suspension of the license.

Section 24.  Refund of Cash Bond/Release of Deposit in Escrow.  - A licensed agency which voluntarily surrenders its license shall be entitled to the refund of its deposited cash bond and release of the deposit in escrow, only after posting a surety bond of similar amount valid for four (4) years from expiration of license.

Section 25.  Evaluation of Performance of Agencies.  - The Administration shall undertake the annual evaluation and rating of the performance of licensed agencies to determine the merits of their continued participation in the overseas employment program taking into consideration compliance with laws and regulations and such other criteria as it may deem proper.

Section 26.  Classification and Ranking. - The Administration may undertake the classification and ranking of agencies.  In recognition of exemplary performance, it may undertake schemes for incentives and rewards.
 

a. MARINA Certificate of Accreditation;

b. A certified copy of the Articles of Incorporation duly registered with the Securities and Exchange Commission, in the case of corporation or partnership or certificate of registration of firm or business name with the Bureau of Domestic Trade in the case of single proprietorship;

c. Surety bond of P200,000.00 from reputable bonding company duly accredited by the Insurance Commission which validity should be co-terminus with the validity of registration;

d. Copy of Certificate of Approval of the Bareboat Charter;

e. Philippine Coast Guard Certificate of Registration.

Special registration issued to Philippine shipping companies shall be valid for two (2) years form the date of issuance unless sooner cancelled, revoked or suspended by the Administration for violation of the Code or its implementing rules and other regulations of the Department.  Such registration shall be valid only at the place stated therein and when used by the authorized person, partnership or corporation.

Section 3. Requisites for Renewal. -

The Philippine company shall submit an application for the renewal thereof to the Administration. Such application shall be supported by the following documents.

a. Renewed surety bond in the amount of P200,000.00;

b. Copy of MARINA Certificate of Accreditation.

Section 2. Inspection of Agencies. - All agencies shall be subject to periodic inspection of offices, studios or pre-departure orientation seminar venues by the Administration to determine compliance with existing rules and regulations.  Inspection shall likewise be conducted by the Administration in case of transfer of office, studio, PDOS venue, or establishment of a branch or extension office, executive office, additional office or upon compliant or report of violation of existing rules and regulations.

Section 3.  Authority to Inspect. - Inspection shall be undertaken by the Administration, thru a duly designated Inspector.

 An authority to inspect shall be issued for presentation to the agency before inspection, stating in detail the purpose and subject of inspection.

Section 4.  Subject of Inspection. - Depending on the purpose of inspection, the Administrator or his duly authorized representative may inspect the premises and require the presentation of necessary documents, records and books of accounts of the agency and examine the same.

Section 5. Inspection Procedures. -

a. Inspection shall be conducted by a team of at least two (2) duly authorized persons during office hours, unless otherwise authorized in accordance with Section 3 of this Rule;

b. Inspection shall be conducted in the presence of the manager of the office or any responsible office personnel who shall be furnished with a copy of the inspection report immediately after inspection; and

c. Inspection reports shall be submitted to the Administration within twenty-four (24) hours after the inspection.

Section 2. Fees/Costs Chargeable from Workers. -

a. Private employment agencies may charge placement fees as may be authorized by the Secretary from a hired worker to cover costs of placement and documentation services such as trade or skill testing, medical examination, passport, visa, clearances, inoculation, airport terminal fee, notarials, among others.

The above charge shall be collected from a hired worker only after he has signed the employment contract and shall be covered by receipts clearly showing the amount paid.

b. Manning agencies shall not charge any fee from seafarer-applicants for its recruitment and placement services.

Section 4.  Seafarer’s Welfare Fund Contribution. -  Every seafarer processed for deployment abroad shall contribute to the seafarer’s Welfare Fund.

Section 5.  Charges Deductible from Fees by Withdrawing Workers.  - In case of withdrawal of the worker within one hundred twenty (!20) calendar days from the signing of the employment contract, the agency shall refund the amount paid by him after deducting such actual expenses incurred in the documentation of the worker as may be supported by receipts.
 

a. Name, address and POEA license number of the agency;
 
b. Name and/or accreditation number of the project and/or principal and work site; and

c. Skill categories and qualification standards.

Agencies desiring to generate qualified applicants for a prospective principal/project may advertise only for highly skilled landbased categories and marine officers and upon prior approval of the Administration.
     
The advertisement shall indicate that the announcement is for manpower pooling only and that no fee shall be collected from the applicants.  The following information shall be reflected in the advertisements:

  a. Name, address and POEA license number of the agency;

  b. Work site of prospective principal/project;

  c. Skill categories and qualification standards.

Subsequent publication of a previously approved advertisement or a portion thereof, in another form of media release shall no longer require another POEA's approval provided that said publication is undertaken within a period of one month from the date of POEA approval.

Section 4.  Sanctions.  - False and deceptive advertisement published and aired by agencies including, but not limited to those published not in accordance with the prescribed guidelines shall be considered as violation and shall, therefore, be a valid ground for the cancellation of accreditation of principal/project and/or for the suspension and/or cancellation of license.
 
Section 5.  Foreign Advertisers for Overseas Job Vacancies.  - Foreign principals/employers who wish to advertise job vacancies outside the Philippines using Philippine print media, broadcast or television may do so only through a POEA-licensed agency or through the Administration.
 

Section 2. Identification of War Risk Areas.  - In order to protect landbased workers and seafarers form the hazards of war or war-like operations, the Administration shall identify and declare specific land areas, territorial waters or portions of the high seas as war risk areas.

Section 3.  Mandatory War Risk Insurance for Landbased Workers. - All landbased workers bound for areas declared by the Administration as war risk areas shall, in addition to the mandatory personal accident and life insurance, be provided with war risk insurance of not less than P100,000.00.  This war risk insurance shall be provided by the employer at no cost to the worker.

Section 4.  Duration of Insurance Coverage. - The minimum coverage shall take effect upon payment of the premium and shall be extended worldwide, on and off the job, for the duration of the worker’s contract plus sixty (60) calendar days after termination of the contract of employment; provided that in no case shall the duration of the insurance coverage be less than one year.

Section 5. War Risk Premium Pay for Seafarers. - Seafarers who sail on a vessel into areas declared by the Administration as war risk trading areas shall be entitled to premium pay the schedule of which shall be determined by the Administration.

Section 6. Benefits and Compensation Awarded to Beneficiary. -  Proceeds or benefits from the mandatory life, personal accident or war risk insurance shall be awarded only to the designated beneficiaries as defined in these Rules.
 

Section 2.  POEA clearance for Special Cases.  - The POEA shall issue special clearances to non-contract workers possessing contract worker's passport and/or employment visa or work permit for the host country, subject to the guidelines formulated by the Administration for the purpose.

Section 3.  Coordination with Government Functionaries. - The LAC shall maintain close coordination with the Bureau of Immigration and Deportation, Department of Foreign Affairs, Philippine Tourism Authority, NAIA Airport Management and other appropriate government bodies in the discharge of its duties.
 

Recruitment and placement activities  of agents or representatives appointed by a licensee,
whose appointments were not previously authorized by the Administration shall likewise constitute illegal recruitment.

Section 2.  Anti-Illegal  Recruitment  Programs.  - The  Administration  shall  adopt  policies and procedures,  prepare and implement programs toward the eradication  of illegal  recruitment activities such as, but not limited to the following:

a.  Providing legal assistance to  victims  of illegal  recruitment and related cases as  well as  recruitment violations which are administrative or criminal in nature;

b.  Prosecution of illegal  recruiters;

c.  Special operations such as surveillance, of companies, establishments and entities found to be engaged in the recruitment of workers for overseas employment without having been licensed to do so; and

d.  Information and education campaign.

Section 4.  Filing of Complaints for Illegal Recruitment. - Victims of illegal recruitment and related  cases as well as recruitment violations which are administrative or criminal in nature  may file  with the Administration a  report or complaint in writing and under oath.

The complaint shall  state the following, among others:

a. The name/s and address/es  of  the   complainant/s;

b.  The name/s and address/es of the alleged  offender/s.  Where the offender is a            corporation   partnership or association, the officer/s   responsible for the act/s as charged shall  as far as practicable be individually and specifically named;
 
c.   The specific  act/s and/or  omissions complained of as constituting the offense;

d.  The date, place  and approximate time when the alleged act/s and/or omissions was/were committed;

e.  Amount exacted, if any, and place of payment; and

f.  Relief  sought and such other allegations by way of particulars.

Section 7.  Issuance of Closure Order.  - The Secretary or the Administrator or the DOLE
Regional Director of the appropriate regional office outside the National Capital  Region, or their duly authorized  representatives, may conduct  an ex parte preliminary  examination to determine whether the activities  of a non-licensee constitute a danger to national security and public order or will lead to further exploitation of job seekers.  For this purpose, the Secretary, the Administrator or the Regional Director concerned or their duly authorized representatives, may examine personally the complainants and/or their witnesses in the form of searching questions and  answers    and shall take their testimony under oath.  The testimony  of  the complainants and/or   witnesses  shall  be  reduced in writing and  signed by them.

If from the preliminary examination conducted or based  on the findings and recommendations  and affidavit or surveillance of the Administration or  designated regional  officer, the Secretary or the Administrator or the Regional  Director concerned is satisfied that such danger or exploitation exists, he may issue a written order for the closure of the establishment being used in connection with illegal recruitment.

In case of a business establishment whose license or permit to operate  a business was issued  by  the local government, the Secretary, the Administrator or the Regional  Director concerned shall likewise recommend to the granting authority the immediate cancellation/revocation of the license or permit to operate its business.
 
Section 8.  Implementation of Closure Order. - Closure  Order shall be served upon  the offender Or the person   in  charge  of  the  establishment  Subject thereof.  The  closure shall be  effected  By sealing the establishment and posting a notice Of such closure in bold letters  at a conspicuous place In the premises of  the establishment.  Whenever Necessary, the assistance and support of the Appropriate law enforcement agencies may be Requested for this purpose
 
Section 9.  Report  On Implementation. -  A  report On the implementation of the closure order Executed under oath, stating the details of the Proceedings undertaken shall be submitted  to the Director-LRO or the Regional  Director concerned, As the case may be, within  two  (2) days from the Date of implementation.
 
 
Section 10.  Institution of Criminal  Action. -  The Secretary or the Administrator or the Regional Director  concerned, or their duly authorized Representatives or any law enforcement officer or any aggrieved person, may initiate the corresponding criminal  action with the appropriate Office.

Where a  complaint is filed  with the Administration And the same is proper  for preliminary Investigation, it shall cause the filing of the Corresponding complaint with the appropriate Officer authorized to conduct the requisite Preliminary investigation.  The complaint to be Filed shall be supported with a certification from The Administration, a closure order, if any, and report On the implementation thereof and  other relevant Documents.  Whenever necessary and practicable,  the Prosecution Division may  provide the complainant/ victim   with counsel  to  assist in the prosecution Of the offender/s.  The  Administration shall  Monitor all  cases it initiated.

Section  11.  Motion to Lift A  Closure Order. - A  motion to lift a  closure order which has already Been implemented may be entertained only when Filed with the Licensing and Regulation Office (LRO) within ten (10)  calendar days from the date of implementation thereof.  The motion shall clearly state the grounds upon  which  it is based, attaching
thereto the documents in support thereof.  A motion  to lift  which does not conform  with the requirements herein set forth shall be denied outrightly.
 
Section 12.  Who May File. - The motion to lift a closure order may be filed only by the following:

a.  The owner of the building or his duly authorized representative;

b.  The building administrator or his duly  authorized representative;

c.  The person or entity against whom the  closure order was issued and implemented or his/its duly authorized representative; and
 
d.  Any other person or entity legitimately operating within the premises of the  office which was closed/padlocked whose operations/activities are separate and distinct  from the recruitment activities   of  the person/entity subject of the closure order and who would be unduly prejudiced by the continued closure of the said office.

a.  That  the office closed or padlocked  is not the office, subject of the CO;
 
b.  That  the contract of lease between the  owner of the building or  the building administrator, as the case may be, covering the office/premises that were closed/padlocked has already been cancelled or terminated.  The  request or motion to re-open shall be duly supported by an affidavit of undertaking either of the owner  A601 of the building or the building administrator that the same will not be leased/rented to any  other person/entity for recruitment purposes    without the necessary license from the Administration;
 
c.  That the office which was closed/padlocked is likewise the office of a person/entity not otherwise connected with or participating  directly or indirectly  in the illegal recruitment activities  which was the basis of the CO sought to be lifted;
 
d.  Any other ground that the Administration   may consider as valid and meritorious.

Section 2.   Requirement for Accreditation.  - An agency applying for the accreditation of its principals or  projects  shall  submit the following:

a.   For a landbased agency for its principals:

1.   Standard or master employment contract;
2.   Special power of attorney/service agreement;
3.   Manpower request from foreign  principal indicating skills, wages and  the number of workers needed; and
4.  Other documents which the Administration may find necessary.

a.   Verification of documents at the site of employment may be undertaken by the Labor Attache or the Assistant Labor Attache in his absence, by the  appropriate official at the Philippine Embassy or the   Philippine foreign representative in the absence of  a Philippine Mission.

b.   Authentication of documents at the site of employment may be undertaken by the   appropriate official of any of the designated Ministries/Office of the Host countries.

Section 5.  Accreditation of Principals.  - A landbased principal or project shall be accredited to only one  agency.  The Administration may   grant accreditation as may deemed  necessary.  In the case of manning  sector, a shipping principal may be accredited to not more than three    (3) agencies
 
Section 6.  Transfer of Accreditation.  -  The   accreditation of a principal may be   transferred to another agency provided that transfer shall not involve any diminution of wages and benefits  of workers.

The transferee agency in these  instances shall comply with the requirements for accreditation and  shall assume full and complete responsibility to all contractual obligations of the principals to its workers originally recruited and  processed by the former agency.

Prior to the transfer of accreditation,  the Administration shall notify the previous agency and principal of such application.
 

Section 7.  Actions on applications for accreditation of projects whose contracting partners or principals have outstanding obligations. -  Applications for the transfer of accreditation of principals or projects shall be acted by the Administration upon submission of all requirements by the new transferee agency.

Obligations or money claims arising out of business  relations between contracting partners of  between agencies and principals  may be conciliated by the Administration.  However, the pendency of  the conciliation should not prevent the Administration from acting on the request for accreditation if public  interest so requires.
 
Section 8.   Approval and Validity of Accreditation. - The Administration shall issue to the agency an accreditation certificate for its principal or project after approval  of the accreditation request.

Full accreditation shall be valid  for a maximum period of two (2) years  from date of issuance, subject to renewal.  Provisional accreditation may  be granted for a period of ninety (90) days for a principal or a project that meets the accreditation requirements substantially.
 

Section 9.  Revocation of Accreditation. -  The  accreditation of a principal or project may be revoked by the Administration in any of the following cases:

a.   Upon request or notification by the  principal or contracting partner;
 
b.   Upon request of the agency;

c.  False documentation or misinterpretation in connection with the application for accreditation; or

d.  Violation or applicable laws, rules and  regulation on overseas employment.

a.   Individual employment contract (EC) containing minimum provisions promulgated by the Administration;
 
b.   For seafarers, valid seamen service record book (SSRB) and seafarer's registration card (SRC); and
 
c.   Insurance certificate in case of the landbased sector.

Section 3.   Payment of Processing Fees. -  Payment of processing fees shall be made  immediately after approval of the RO or the EC.  All payments shall be covered by official receipts.
 

Section 4.   Worker's Deployment. - An agency shall deploy its recruits within   the deployment period as indicated below:

   a.   One hundred twenty (120) calendar days from the date of signing of the employment contract for all landbased workers;

   b.   Thirty (30) calendar days from the date of processing by the Administration of  the employment contracts of seafarers.
 
Failure of the agency to deploy a worker  within the prescribed period without valid  reasons shall be a cause for suspension or cancellation of license or fine.  In addition,  the agency shall return all documents at no cost to the worker.
 
Section 5.   One-Stop Processing Center. - An inter-agency processing center shall act as a one-stop servicing body to provide expeditious clearing system for overseas   contract workers and facilitate their deployment abroad.
 
Section 6.   Balik-Manggagawa Processing Center. - Filipino contract workers except seafarers, who are on vacation or on emergency leave,  and who are returning to the same worksite, to resume their employment within six (6)  months from the date of arrival in the Philippines  shall be processed as balik-manggagawa (BM).   Said BM may be processed individually or through the agency which  previously deployed them.
 
For individual balik-manggagawa, the  following documents shall be required:

a.  Valid passport

b.   Valid re-entry visa, work permit or any equivalent document;

     a.   Previously POEA processed employment  and travel documents of the contract  workers;

     b.   Valid passport

     c.   Valid re-entry visa, work permit or any equivalent document.

Section 7.  Agency-endorsed Returning Workers. - All recruitment agencies handling returning  workers to their accredited principals shall  assume responsibility over said workers for the duration of the employment contract in force.  While the agencies may charge service fees to their employers for this purpose, no  redeployment fees shall be collected from the   returning workers.
 

a. Administer programs and projects that may support the employment development objectives of the Administration; and
 
b. Undertake, in cooperation with the Regional Offices of the Department, organized recruitment activities in the provinces in the aid of the employment dispersal policy of the government.

a. Work permit or visa assurance of workers, where applicable;
 
b. Recruitment order which shall state the number and categories of workers needed, compensation benefits, qualification, guidelines, testing procedures, etc.;
 
c. Model employment contract; and
 
d. Other documents which the Administration may find necessary.

a. Responsibilities of the parties to the agreement;
b. Selection and documentation  procedures;
c. Fee schedules and terms of payment;
d. Manner and facilities for remittance of workers' salary;
e. Grievance machinery for workers; and
f. Validity and revocation of the agreement.

Section 4. Recruitment and Placement of Workers. -

a. Interview and Selection. An employer hiring through the Administration shall select his workers from the manpower pool developed and maintained by the Administration;
 
b. Medical Examination. Selected workers shall undergo and pass a standard pre-employment medical examination conducted by a duly accredited medical retainer of the Administration;
 
c. Travel Arrangements. The employer shall assume the full cost of worker's transportation to and from the place of work;
 
d. Orientation. Before departure for the worksite, hired workers shall undergo the required Pre-Departure Orientation Seminar (PDOS).

a. Contract Processing. Workers hired through the Administration shall be issued the following documents:
 
(1)  Individual Employment contract duly signed by the employer or his authorized representative or that proper official of the Administration where appropriate; and
 
(2)   Such other documents as may be necessary for the travel.
 
b. Passport Documentation. The Administration may secure directly the selected worker's passport from the Department of Foreign Affairs. All transmittals and endorsements for passport issuance shall be undertaken directly by the Administration.
 
c. Visa Arrangements. The Administration may assist employers and selected workers secure their visas from the appropriate Embassy.

Section 2.  Market Research and Planning. - The Administration shall undertake market research activities in aid of market development which shall include among others:

a. Conduct of continuing market situation assessments and special market studies on competition, wages and working conditions, among others; and

b. Formulation and implementation of appropriate marketing strategies.

a. Dispatch of marketing missions abroad;

b. Development and promotion of programs or arrangements that would encourage the hiring of Filipinos in organized or corporate groups as well as government-to-government arrangements;

c. Pursuance of bilateral labor agreements with existing/prospective host countries of Filipino manpower;

d. Promotion and advertising in appropriate media and development of support communication materials;
 
e. Client referral to the private sector; and

f. Establishment and maintenance of effective linkages with other government agencies including Philippine Missions abroad or corps of labor attaches, foreign governments directly or through their Embassies, foreign employers, the local private recruitment sector, and other organizations.

Section 2.  Minimum Provisions for Contract. - The following shall be considered the minimum requirements for contracts of employment:

a. Guaranteed wages, for regular working  hours and overtime pay for services rendered beyond regular work hours in accordance with the standards established by the Administration;

b. Free transportation from point of hire to site of employment and return;

c. Free emergency medical and dental treatment and facilities;

d. Just causes for the termination of the contract or of the services of the workers;

e. Workmen’s compensation benefits and war hazard protection;
 
f. Repatriation of workers remains and properties in case of death to the point of hire, or if this is not possible under the circumstances, the proper disposition thereof, upon prior arrangement with the worker’s next-of-kin and the nearest Embassy or Consulate through the Office of the Labor Attache;

g. Assistance in the remittance of worker’s salaries, allowances or allotments to his beneficiaries; and

h. Free and adequate lodging facilities or compensatory food allowance at prevailing cost of living standards at the jobsite.

Section 2.  Grounds for suspension/cancellation of license. -

a. Charging, imposing or accepting directly or indirectly,  any amount of money goods or services, or any fee or bond for any purpose whatsoever before employment is obtained for an applicant worker or where the fee charged is excessive or contrary to what is prescribed by  the Secretary of Labor and Employment;

b. Engaging in act/s of misrepresentation, in relation to recruitment and placement of   workers,  such as:  publication  or  advertisement of false or  deceptive  notices or information or submission  for  processing  of documents which are fraudulent or containing false information;

c. Inducing or attempting to induce an already employed worker to transfer from or leave his employment for another unless the transfer is designed to liberate a worker from oppressive terms and conditions or employment;

d. Influencing  or attempting to influence any person or entity not to employ any worker who has not applied for employment through his agency;

e. Obstructing or attempting to obstruct inspection by the Secretary, the Administrator or their duly authorized representatives;

f. Substituting or altering employment contracts and other documents approved and verified by the Administration from the time of actual   signing thereof by the parties up to and including the period of expiration of the same without Administration’s approval;

g. Failure to file reports as may be required by the Administration;

h. For the owner, partner,  or officer/s of any licensed agency to become an officer or member of the Board of any corporation or partnership engaged directly or indirectly in the management of a travel agency;
 
i. Unreasonable withholding or denying travel or other pertinent documents from workers for monetary considerations or reasons other than those authorized  under the Code and its implementing rules and regulations;

j. Engaging in recruitment activities in places other than that specified in the license without previous authorization from the Administration;
 
k. Appointing or designating agents, representatives or employees without prior approval from the Administration;

l. Falsifying or altering travel documents;

m. Deploying workers whose employment and travel documents were not processed by the Administration;

n. Deploying workers or seafarers to vessels or principals not accredited by the Administration;

o. Publishing or causing the publication of overseas job vacancies in violation of the prescribed rules;

p. Failure to deploy workers within the prescribed period without valid reason;

q. Disregard of lawful orders, notices and other processes issued by the Administration;

r. Coercing workers to accept prejudicial arrangements in exchange for certain benefits that rightfully belong to the workers;

s. Withholding of workers’ salaries or remittances without justifiable reasons ;

t. Violation of other pertinent provisions of the Code and other relevant laws, rules and regulations, guidelines and other issuances on recruitment and placement of workers for overseas employment and the protection of their welfare;  and

u. Committing any other acts similar or analogous to the foregoing.

a. Violation/s of the conditions of license;

b. Engaging in act/s of misrepresentation for the purpose of securing a license or renewal thereof, such as giving false testimonies or falsified documents;

c. Engaging 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;

d. Incurring an accumulated three (3) counts of suspension by an agency based on final and executory orders within the validity period of its license.

In the case of reports received by the Administration, the same shall be investigated by the Adjudication Office, this Administration or at the appropriate Regional Office.

All actions filed with the Administration shall be heard before the Adjudication Office.

However, cases filed with the Administration may be transferred upon request of either party to the Regional Office before issued are joined and upon approval by the Administration.

Complaints/Reports filed at the Regional Office shall be heard by the duly designated POEA Hearing Office or designated representative.
 

The Administration on its own initiative or upon filing of a complaint or report for the investigation by any aggrieved person, shall conduct the necessary proceedings for the suspension, cancellation or revocation of the license of any agency.

Section 2.  Caption and Title. - The complaint shall be filed in accordance with the following captions:

(a) for recruitment violation(s) and related cases filed with the Administration –