RULES AND REGULATIONS GOVERNING OVERSEAS EMPLOYMENT
STATEMENT OF POLICY
It shall be
the policy of the Administration to:
and develop overseas employment opportunities in cooperation with
government institutions and the private sector;
the environment conducive to the continued operations of legitimate,
and professional private agencies;
to Filipino workers and their families, promote their interests and
their welfare; and
implement programs for the effective monitoring of returning contract
promoting their re-training and re-employment of their smooth
into the mainstream of the national economy.
of these Rules, the following terms are defined as follows:
– the Philippine Overseas Employment Administration (POEA).
– the Administrator of the POEA.
– A private employment or a manning agency as defined herein.
– any person named or designated by the overseas contract workers
the recipient of his remittance to the Philippines.
(Vacationing Worker) – a land-based contract worker who is on a
or on an emergency leave and who is returning to the same worksite to
– the person/s to whom compensation benefits due under an overseas
contract are payable by operation of law or those to whom proceeds of a
life or accident insurance are likewise payable.
– the POEA Regional Center in Cebu and such other regional centers as
hereinafter be established.
– the Labor
Code of the Philippines, as amended.
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,
mandatory provisions for grievance and arbitration machineries.
Worker – any person working or who has worked overseas under a
– the Department of Labor and Employment (DOLE).
– the executive body of the Administration composed of its
Deputy Administrators and Directors as defined herein.
– the Director of the Licensing and Regulation Office.
– the Director of the Pre-Employment Services Office.
– the Director of the Adjudication Office.
WEO – the Director of the Welfare and Employment Office.
– any person, partnership or corporation, whether local or foreign,
engaging the services of Filipino workers overseas.
Exchange (Forex) Earnings – the earnings in terms of US dollars
or any other acceptable foreign currency of overseas workers and
Board – the policy-making body of the Administration.
Hiring – recruitment and placement of Filipino workers by foreign
ministries or instrumentalities through the Administration.
Fair – an activity conducted outside of an agency’s authorized
address whereby applicants are oriented on employment opportunities and
benefits provided by foreign principals and employers.
– a document issued by the Secretary authorizing a person, partnership
or corporation to operate a private employment agency or a manning
Agency – any person, partnership or corporation duly licensed by
Secretary to recruit seafarers for vessel plying international waters
for related maritime activities.
Agreement – an agreement entered into by and between the principal
and the licensed manning agency defining the responsibilities of both
with respect to the employment of ship personnel for their enrolled
– the National Labor Relation Commission.
Hire – a worker who is able to secure employment overseas on his
the assistance or participation of any agency.
– any person, partnership or corporation who has not been issued
valid license to engage in recruitment and placement, or whose license
has been suspended, revoked or cancelled.
Processing Center – an inter-agency servicing body designed to
the documentation of contract workers.
Employment – employment of a worker outside the Philippines
employment on board vessels plying international waters, covered by a
Shipping Company – any person, partnership or corporation
under the laws of the Philippines and duly accredited to engage in
shipping activities by the Maritime Industry Authority (MARINA).
Registered Vessel – vessels duly registered in the Philippines.
Fee – the amount charged by a private employment agency from a
for its services in securing employment.
– any foreign person, partnership or corporation hiring Filipino
through an agency.
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.
Agreement – the agreement entered into by and between the foreign
and the licensed private employment agency defining the
of both parties with respect to the employment of workers for their
and Placement – any act of canvassing, enlisting, contracting,
utilizing, hiring or procuring workers and includes referrals, contract
services, promising or advertising for employment, locally or abroad,
for profit or not; provided, that any person or entity which, in any
offers or promises for a fee employment to two or more persons shall be
deemed engaged in recruitment and placement.
Director – the head of the Regional Offices of the Department.
Extension Unit – the field offices of the Administration in
regions in the Philippines.
labor Center (RLC) – the regional field office of the
Offices – the regional office of the Department of Labor and
– the amount or portion of the foreign exchange earnings sent by the
to the Philippines.
– the Secretary of Labor and Employment.
Fee – the amount charged by a licensee from its foreign
as payment for actual services rendered in relation to the recruitment
and employment of workers for said principal.
Employment Contract – a written agreement entered into by and
the employer and/or the local agency and the overseas contract worker
the terms and conditions of employment that are in consonance with the
master employment contract as approved by the Administration.
– the action of labor attaché or any other officer designated by
the Secretary of Labor and Employment in the Philippine Embassy or
in reviewing employment documents of Filipino nationals with the view
establish the existence of the employing company, its ability to hire
at the prescribed rates, at desirable working conditions consistent
the standards prescribed by the Administration and terms and conditions
prevailing in the country of employment.
OF THE PRIVATE SECTOR IN THE OVERSEAS EMPLOYMENT PROGRAM
Qualifications for Participation in the Overseas Employment Program.
- Only applicants who possess the following qualifications may be
to participate in the overseas employment program:
citizens, partnerships or corporations at least seventy five percent
of the authorized and voting capital stock of which is owned and
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
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
and placement of workers for overseas employment.
Disqualifications. - The following are not qualified to
in the recruitment and placement of Filipino workers overseas:
and sales agencies of airline companies;
or members of the Board of any corporation or members in a partnership
engaged in the business of a travel agency;
and partnerships, when any of its officers, members of the board or
is also an officer, member of the board of partner of a corporation or
partnership engaged in the business of a travel agency;
partnerships or corporations which have derogatory records such as, but
not limited to overcharging of placement or documentation fees, false
illegal recruitment and swindling or estafa, or those convicted of
involving moral turpitude;
employed in the Department or in other government offices directly
in the overseas employment program, and their relatives within the
degree of consanguinity or affinity; and
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,
and regulations, and issuances.
Requirements for Issuance of License. - Every applicant
license to operate a private employment agency or manning agency shall
submit a written application together with the following requirements:
copy of the Articles of Incorporation or of Partnership duly registered
with the Securities and Exchange Commission (SEC), in the case of
or partnership or Certificate of Registration of firm or business name
with the Bureau of Domestic Trade (BDT) in the case of a single
financial capacity: In the case of a single proprietorship or
verified income tax returns for the past two (2) years and a bank
of a cash deposit of P250,000.00, provided that the applicant should
an authority to examine such bank deposit.
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
For an existing corporation, submission of a verified financial
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
to examine such deposit.
in the amount of P200,000.00 with an accredited reputable banking
to primarily answer for valid and legal claims of recruited workers as
a result of recruitment violations or money claims;
of all members of the Board of Directors, partner, or proprietor of the
applicant agency from the National Bureau of Investigation (NBI) and
government agencies as the need may require, Fiscal’s clearance in case
of persons with criminal cases; provided that where the member or
concerned is a foreigner, clearance from his country of origin shall be
with an actual principal/foreign employer to be serviced, shall at the
time of application submit the following documents for evaluation:
executed Special Power of Attorney authenticated by the Philippine
or Labor Attache in the place where the principal/employers hold their
service/recruitment agreement authenticated by the Philippine
or Labor Attache in the place where the project/job site is located;
manpower mobilization request or visa approval of not less than fifty
workers for deployment within a period not exceeding six (6) months
issuance of approved license;
who, at the time of application is unable to present a foreign
shall, upon compliance with all other licensing requirements as herein
provided, be issued a provisional license, subject to submission of a
undertaking to deploy at least fifty (50) workers, exclusive of direct
hired, within a period not exceeding six (6) months from date of
of provisional license. It is understood that failure to comply
this undertaking shall result in the automatic revocation of the
executed Special Power of Attorney authenticated by the Philippine
or Labor Attache in place where the vessel owners/operators/manager
their principal office; or
concluded manning agreement authenticated by the Philippine Embassy,
or Labor Attache in the place where the vessel/owners/operators/
hold their principal office;
mobilization request of not less than fifty (50) seafarers for
within a period not exceeding six (6) months from issuance of approved
f. A verified
undertaking stating that the applicant:
only medically and technically qualified recruits;
full and complete responsibility for all claims and liabilities which
arise in connection with the use of license;
joint and solidary liability with the employer for all claims and
which may arise in connection with the implementation of the contract,
including but not limited to payment of wages, death and disability
compliance with the existing labor and social legislations of the
and of the country of employment of recruited workers; and
full and complete responsibility for all acts of its officials,
and representatives done in connection with recruitment and placement;
Action on the Application. - Within thirty (30) calendar days
receipt of application or requirements including proof of payment of a
non-refundable filing fee of P5,000.00, the Administration shall
pertinent documents of the applicant, inspect the offices and equipment
and recommend to the Secretary the approval or denial of the
Issuance of License. - The Administration shall recommend
to the Secretary issuance of the corresponding license upon due
and compliance with licensing requirements and operational standards.
Payment of Fees and Posting of Bonds. - Upon approval of the
the applicant shall pay a license fee of P30,000.00. It shall
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
legal claims arising from violations of the conditions for the grant
use of the license, and/or accreditation and contracts of
The bonds shall likewise guarantee compliance with the provisions of
Code and its
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
matters falling under POEA’s jurisdiction shall be binding and
on the surety. The surety bonds shall be co-terminus with the
period of the license.
Validity of License. - Every license shall be valid for at least
(2) years from the date of issuance unless sooner cancelled or revoked
by the Secretary or suspended by the Administration for violation of
Code and its
and relevant decrees, orders and issuances and other rules and
of the Department. Such license shall be valid only at the
place/s stated therein and when used by the licensed person,
Non-Transferability of License. - No license shall be transferred,
conveyed or assigned to any person, partnership or corporation.
shall not be used directly or indirectly by any person, partnership or
corporation other than the one in whose favor it was issued.
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
single proprietorship may be allowed to continue only for the purpose
winding up its business operation.
Change of Ownership/Relationship of Single Proprietorship or
- Transfer or change of ownership of a single proprietorship
to engage in overseas employment shall cause the automatic revocation
the license. The new owner shall be required to apply for a
in accordance with these Rules.
in the relationship of the partners in a partnership duly licensed to
in overseas employment which materially interrupts the course of the
or results in the actual dissolution of the partnership shall likewise
cause the automatic revocation of the license.
Upgrading of Single Proprietorship or Partnerships. - License
which are single proprietorships or partnerships may, subject to the
of the Administration, convert into corporation for purposes of
or raising their capabilities to respond adequately to
in the international labor market and to enable them to better comply
their responsibilities arising from the recruitment and deployment of
of merger, consolidation or upgrading shall automatically revoke or
the licenses of the single proprietorships, partnerships or
so merged, consolidated or upgraded.
Change of Directors of Corporation. - Every change in the
of the Board of Directors of a corporation licensed to participate in
employment shall be registered with the Administration within thirty
calendar days from the date the change was decided or approved.
corporation shall be required to submit to the Administration the
of Proceedings duly certified by the SEC, the bio-data and clearances
the new members of the Board from the government agencies identified in
Section 1 (e) of this Rule.
Change of Other Officers and Personnel. - Every change or
of appointment of officers, representatives and personnel shall be
with the Administration within thirty (30) calendar days from the date
of such change.
reserves the right to deny the appointment of officers and employees
were directly involved in recruitment irregularities.
Appointment of Representatives. - Every appointment of
or agents of licensed agency shall be subject to prior approval or
of the Administration.
may be issued upon submission of or compliance with the following
appointment or special power of attorney;
of the proposed representative or agent from NBI;
c. A sworn
or verified statement by the designating or appointing person or
assuming full responsibility for all acts of the agent or
done in connection with the recruitment and placement of workers;
Publication of Change of Directors/Other Officers and Personnel/
or Amendment of Appointment of Representatives. - In addition to
requirement of registration with and submission to the Administration,
every change in the membership of the Board of Directors,
of other officers and personnel, revocation or amendment of appointment
of representatives shall be published at least once in a newspaper of
circulation, in order to bind third parties. Proof of such
shall be submitted to the Administration
Transfer of Business Address and Studio. - Any transfer
business address shall be effected only with prior authority or
of the Administration. The approval shall be issued only upon
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
b. In the
of a corporation, a Board Resolution duly registered with the SEC
the transfer of business address;
c. In the
of a single proprietorship, a copy of the BDT’s acknowledgment of the
to transfer; and
d. Copy of
the contract of lease or proof of building ownership.
The new office
shall be subject to the normal ocular inspection procedures by duly
representatives of the Administration.
A notice to
the public of the new address shall be published in a newspaper of
Establishment of Executive Office. - The establishment of an
executive office outside of the registered address shall be effected
with prior approval or authority of the Administration. The
may be issued upon submission of an affidavit of undertaking to the
that no recruitment activity whatsoever shall be conducted thereat and
that the agency has a valid contract of lease or building ownership.
Establishment of Branch and Extension Offices. - Branch and
offices may be established in areas approved by the Secretary, subject
to implementing guidelines.
Conduct of Recruitment Outside of Registered Office, Branch or
Office. - No licensed agency shall conduct any provincial
job fairs or recruitment activities of any form outside of the address
stated in the license, acknowledged Branch or Extension Office or
first securing prior authority from the Administration of the Center.
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;
duly renewed or revalidated;
in the amount of P200,000.00 with an accredited reputable banking
to primarily answer for valid and legal claims of recruited workers as
a result of recruitment violations or money claims;
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
for the past two (2) years, verified corporate or individual tax
with confirmation receipts, and compliance with capitalization
and infusion thereof as the case may be, as certified by the Securities
and Exchange Commission;
of deployment reports during the validity of the license sought to be
of payroll reports in case of contractors and manning agencies during
validity of the license sought to be renewed; and
as may be imposed by the Administration.
Non-expiration of License. - Where the license holder has
made timely and sufficient application for renewal, the existing
shall not expire until the application shall have been finally
by the Administration.
Action on Renewal of License. - Within thirty (30)
days from receipt of the application for renewal the Administration
undertake evaluation and inspection and thereafter recommend to the
the grant or denial of the application.
Failure to Renew. - Any agency which fails to obtain a renewal
its license within thirty (30) calendar days from expiration thereof,
be immediately deemed delisted and disallowed from conducting
Denial of Renewal of Licenses. - Licenses of agencies
fail to conclude a recruitment or manning agreement and/or undertake
levels of worker deployment and foreign exchange generation or those
fail to meet the minimum operational standards and requirements set by
the Administration, shall not be renewed.
When to Consider Cash Bond/Deposit in Escrow Garnished. -
As soon as an Order of Garnishment is served upon the
and the same is correspondingly earmarked, the cash bond/deposit in
of an agency shall no longer be considered sufficient. The
shall forthwith serve upon the agency a notice to replenish.
Replenishment of Cash or Surety Bonds/Deposit in Escrow. - Within
fifteen (15) calendar days from date of receipt of notice from the
that the bonds/deposit in escrow, or any part thereof had been
the agency shall replenish the same. Failure to replenish such
in escrow within the said period shall cause the suspension of the
Refund of Cash Bond/Release of Deposit in Escrow. - A
agency which voluntarily surrenders its license shall be entitled to
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)
from expiration of license.
Evaluation of Performance of Agencies. - The
shall undertake the annual evaluation and rating of the performance of
licensed agencies to determine the merits of their continued
in the overseas employment program taking into consideration compliance
with laws and regulations and such other criteria as it may deem proper.
Classification and Ranking. - The Administration may undertake
classification and ranking of agencies. In recognition of
performance, it may undertake schemes for incentives and rewards.
OF PHILIPPINE REGISTERED VESSELS
Registration of Philippine Shipping Companies. -
shipping companies which own/manage/operate Philippine registered
plying international waters shall submit the following documents for
copy of the Articles of Incorporation duly registered with the
and Exchange Commission, in the case of corporation or partnership or
of registration of firm or business name with the Bureau of Domestic
in the case of single proprietorship;
of P200,000.00 from reputable bonding company duly accredited by the
Commission which validity should be co-terminus with the validity of
d. Copy of
of Approval of the Bareboat Charter;
Coast Guard Certificate of Registration.
Validity Period of Special Registration. -
issued to Philippine shipping companies shall be valid for two (2)
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
Such registration shall be valid only at the place stated therein and
used by the authorized person, partnership or corporation.
Section 3. Requisites
for Renewal. -
company shall submit an application for the renewal thereof to the
Such application shall be supported by the following documents.
Inspection Before Licensing. - Before issuance or renewal of a
the Administration shall conduct an inspection of the premises and
documents of the applicant.
Section 2. Inspection
of Agencies. - All agencies shall be subject to periodic
of offices, studios or pre-departure orientation seminar venues by the
Administration to determine compliance with existing rules and
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.
Authority to Inspect. - Inspection shall be undertaken by the
thru a duly designated Inspector.
to inspect shall be issued for presentation to the agency before
stating in detail the purpose and subject of inspection.
Subject of Inspection. - Depending on the purpose of
the Administrator or his duly authorized representative may inspect the
premises and require the presentation of necessary documents, records
books of accounts of the agency and examine the same.
Section 5. Inspection
shall be conducted by a team of at least two (2) duly authorized
during office hours, unless otherwise authorized in accordance with
3 of this Rule;
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
reports shall be submitted to the Administration within twenty-four
hours after the inspection.
Violations Found in the Course of Inspection. - Violations
in the course of inspection such as non-compliance with the
rules, issuances, directives, etc. may be grounds for the imposition of
appropriate sanction or for the denial of application for issuance and
renewal of license. A copy of the results of inspection shall be
endorsed to the appropriate unit for the conduct of necessary
FEES AND DOCUMENTATION COSTS
Fees Chargeable Against Principals. - Agencies shall charge from
principals a service or manning fee to cover services rendered in the
documentation and placement of workers.
Section 2. Fees/Costs
Chargeable from Workers. -
employment agencies may charge placement fees as may be authorized by
Secretary from a hired worker to cover costs of placement and
services such as trade or skill testing, medical examination, passport,
visa, clearances, inoculation, airport terminal fee, notarials, among
shall be collected from a hired worker only after he has signed the
contract and shall be covered by receipts clearly showing the amount
shall not charge any fee from seafarer-applicants for its recruitment
Section 3. Prohibition
on Charging of Other Fees. - No other fees or charges
processing fees shall be imposed against any worker, except when
Seafarer’s Welfare Fund Contribution. - Every seafarer
for deployment abroad shall contribute to the seafarer’s Welfare Fund.
Charges Deductible from Fees by Withdrawing Workers. - In
case of withdrawal of the worker within one hundred twenty (!20)
days from the signing of the employment contract, the agency shall
the amount paid by him after deducting such actual expenses incurred in
the documentation of the worker as may be supported by receipts.
FOR OVERSEAS JOB VACANCIES
Advertisements for Publication or Broadcasts of Job Vacancies of
Foreign Principal or Project on Print, Radio or Television. -
job vacancies for accredited foreign principal/project with job orders
duly approved by the Administration shall be allowed for advertisement
upon accreditation and/or approval of job order. The
shall indicate the following basic information:
Advertisement for Manpower Pooling by Agencies. - Agencies
to generate qualified applicants for additional manpower requirements
an accredited principal or project not covered by duly approved job
by the Administration may advertise only upon approval by the
to generate qualified applicants for a prospective principal/project
advertise only for highly skilled landbased categories and marine
and upon prior approval of the Administration.
shall indicate that the announcement is for manpower pooling only and
no fee shall be collected from the applicants. The following
shall be reflected in the advertisements:
address and POEA license number of the agency;
site of prospective principal/project;
categories and qualification standards.
Press Releases on Recruitment. - For purposes of this
press and media releases, whether on print, radio or television
with foreign principals involving overseas job openings, shall be
as advertisement, and therefore, shall be subject to monitoring and
of a previously approved advertisement or a portion thereof, in another
form of media release shall no longer require another POEA's approval
that said publication is undertaken within a period of one month from
date of POEA approval.
Sanctions. - False and deceptive advertisement published
aired by agencies including, but not limited to those published not in
accordance with the prescribed guidelines shall be considered as
and shall, therefore, be a valid ground for the cancellation of
of principal/project and/or for the suspension and/or cancellation of
Foreign Advertisers for Overseas Job Vacancies. - Foreign
principals/employers who wish to advertise job vacancies outside the
using Philippine print media, broadcast or television may do so only
a POEA-licensed agency or through the Administration.
AND MEDICAL EXAMINATION FOR OVERSEAS EMPLOYMENT
PERSONAL ACCIDENT AND LIFE INSURANCE, WAR RISK INSURANCE AND WAR RISK
Mandatory Personal Accident and Life Insurance Requirement. - All
overseas landbased workers shall be provided both life and personal
insurance. The amount of life insurance coverage shall be
maximum face value; provided, however, that if death is due to
murder or assault, an equal amount of P50,000.00 insurance coverage
be due in addition to the amount of life insurance. This
life and personal accident insurance shall be provided by the employer
without any cost to the worker. The personal accident insurance
cover accidental death, dismemberment and disability; provided,
that should the subsisting insurance package provide for a superior
the same shall be deemed compliance with this requirement.
Section 2. Identification
of War Risk Areas. - In order to protect landbased workers
seafarers form the hazards of war or war-like operations, the
shall identify and declare specific land areas, territorial waters or
of the high seas as war risk areas.
Mandatory War Risk Insurance for Landbased Workers. - All
workers bound for areas declared by the Administration as war risk
shall, in addition to the mandatory personal accident and life
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
Duration of Insurance Coverage. - The minimum coverage shall
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
calendar days after termination of the contract of employment; provided
that in no case shall the duration of the insurance coverage be less
Section 5. War
Risk Premium Pay for Seafarers. - Seafarers who sail on a vessel
areas declared by the Administration as war risk trading areas shall be
entitled to premium pay the schedule of which shall be determined by
Section 6. Benefits
and Compensation Awarded to Beneficiary. - Proceeds or
from the mandatory life, personal accident or war risk insurance shall
be awarded only to the designated beneficiaries as defined in these
OF CONTRACT WORKERS
Labor Assistance Center (LAC). - A Labor Assistance shall
be established at international airports and other exit points in the
which may be used by contract workers in proceeding to their overseas
It shall assist and facilitate the deployment and reception of overseas
contract workers, monitor such deployment and provide appropriate
to workers and foreign principals and employers on employment, travel
POEA clearance for Special Cases. - The POEA shall issue
clearances to non-contract workers possessing contract worker's
and/or employment visa or work permit for the host country, subject to
the guidelines formulated by the Administration for the purpose.
Coordination with Government Functionaries. - The LAC shall
close coordination with the Bureau of Immigration and Deportation,
of Foreign Affairs, Philippine Tourism Authority, NAIA Airport
and other appropriate government bodies in the discharge of its duties.
ASSISTANCE AND ENFORCEMENT MEASURES
Acts Constituting Illegal Recruitment. -
as defined under Section 2. Rule I, Book VI of these Rules
and all prohibited practices under Article 34 of the Code
when undertaken by a non-licensee, a suspended or cancelled agency
illegal recruitment activities.
and placement activities of agents or representatives appointed
were not previously authorized by the Administration shall likewise
Anti-Illegal Recruitment Programs. - The
Administration shall adopt policies and
prepare and implement programs toward the eradication of
recruitment activities such as, but not limited to the following:
legal assistance to victims of illegal recruitment
related cases as well as recruitment violations which are
or criminal in nature;
of illegal recruiters;
operations such as surveillance, of companies, establishments and
found to be engaged in the recruitment of workers for overseas
without having been licensed to do so; and
and education campaign.
the Administration shall coordinate with other appropriate entities in
the implementation of said programs.
Legal Assistance. - The Administration shall
free legal service to victims of illegal recruitment and
cases as well as recruitment violations which are administrative
or criminal in nature in the form of legal advice, assistance in the
of complaints and supporting documents, institution of criminal
and whenever necessary, provide counselling assistance
preliminary investigation and hearings.
Filing of Complaints for Illegal Recruitment. - Victims of
recruitment and related cases as well as recruitment violations
are administrative or criminal in nature may file with the
Administration a report or complaint in writing and under oath.
shall state the following, among others:
a. The name/s
and address/es of the complainant/s;
name/s and address/es of the alleged offender/s. Where the
corporation partnership or association, the
responsible for the act/s as charged shall as far as practicable
be individually and specifically named;
The specific act/s and/or omissions complained of as
date, place and approximate time when the alleged act/s and/or
exacted, if any, and place of payment; and
sought and such other allegations by way of particulars.
pertinent documents in support of the complaint must be attached
whenever possible. In the regions outside the National Capital Region,
complaints and reports involving illegal recruitment may be filed with
the appropriate regional office of the Department or with
Center or Regional Extension Unit concerned for the corresponding
and enforcement measures.
5. Action on the Complaint/Report. - Upon receipt of the
docketed and numbered and thereafter referred for assignment and
Where the complaint/report alleges that recruitment activities are
on-going, the necessary surveillance shall be conducted and on
basis of the findings,
of closure order may be recommended to the Administrator through
the Director-LRO if recruitment activities are confirmed. If on
basis of the investigation conducted, sufficient basis for institution
of a criminal action against the offender/s is found,
the case shall be immediately forwarded to the appropriate unit for
Surveillance. - The Administration and/or designated
officials in the DOLE regional
receipt of an information, complaint and/or report, or on their own
may conduct surveillance on the alleged recruitment activities.
may be conducted unless authorized by the Administrator or the
or the Director-LRO or the DOLE Regional
concerned or their duly authorized representatives.
(2) days from the termination of the surveillance, the corresponding
duly supported by an affidavit of surveillance, shall be submitted to
Director-LRO or the Regional Director concerned as the case may be.
Issuance of Closure Order. - The Secretary or the
or the DOLE
of the appropriate regional office outside the National Capital
or their duly authorized representatives, may conduct an ex
parte preliminary examination to determine whether the
of a non-licensee constitute a danger to national security and public
or will lead to further exploitation of job seekers. For this
the Secretary, the Administrator or the Regional Director concerned or
their duly authorized representatives, may examine personally the
and/or their witnesses in the form of searching questions and
and shall take their testimony under oath. The testimony
the complainants and/or witnesses shall
reduced in writing and signed by them.
If from the
preliminary examination conducted or based on the findings and
and affidavit or surveillance of the Administration or designated
regional officer, the Secretary or the Administrator or the
Director concerned is satisfied that such danger or exploitation
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
was issued by the local government, the Secretary, the
or the Regional Director concerned shall likewise recommend to
granting authority the immediate cancellation/revocation of the license
or permit to operate its business.
Implementation of Closure Order. - Closure Order shall be
served upon the offender Or the person in
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
the assistance and support of the Appropriate law enforcement agencies
may be Requested for this purpose
Report On Implementation. - A report On the
of the closure order Executed under oath, stating the details of the
undertaken shall be submitted to the Director-LRO or the
Director concerned, As the case may be, within two (2) days
from the Date of implementation.
Institution of Criminal Action. - The Secretary or
Administrator or the Regional Director concerned, or their duly
Representatives or any law enforcement officer or any aggrieved person,
may initiate the corresponding criminal action with the
complaint is filed with the Administration And the same is
for preliminary Investigation, it shall cause the filing of the
complaint with the appropriate Officer authorized to conduct the
Preliminary investigation. The complaint to be Filed shall be
with a certification from The Administration, a closure order, if any,
and report On the implementation thereof and other relevant
Whenever necessary and practicable, the Prosecution Division
provide the complainant/ victim with counsel to
assist in the prosecution Of the offender/s. The
shall Monitor all cases it initiated.
11. Motion to Lift A Closure Order. - A
to lift a closure order which has already Been implemented may be
entertained only when Filed with the Licensing and Regulation Office
within ten (10) calendar days from the date of implementation
The motion shall clearly state the grounds upon which it is
documents in support thereof. A motion to lift which
does not conform with the requirements herein set forth shall be
Who May File. - The motion to lift a closure order may be filed
by the following:
owner of the building or his duly authorized representative;
building administrator or his duly authorized representative;
person or entity against whom the closure order was issued and
or his/its duly authorized representative; and
other person or entity legitimately operating within the premises of
office which was closed/padlocked whose operations/activities are
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.
Grounds for Lifting/Re-Opening. - Lifting of the
order (CO) and/or re-opening of the office closed or padlocked may be
on any of the following grounds:
the office closed or padlocked is not the office, subject of the
the contract of lease between the owner of the building or
the building administrator, as the case may be, covering the
that were closed/padlocked has already been cancelled or
The request or motion to re-open shall be duly supported by an
of undertaking either of the owner A601 of the building or the
administrator that the same will not be leased/rented to any
person/entity for recruitment purposes without the
license from the Administration;
the office which was closed/padlocked is likewise the office of a
not otherwise connected with or participating directly or
in the illegal recruitment activities which was the basis of the
CO sought to be lifted;
other ground that the Administration may consider as valid
a closure order shall not prejudice the filing of a criminal complaint
with the appropriate office against the person alleged to have
illegal recruitment activities at the office/premises closed or
BY THE PRIVATE SECTOR
OF PRINCIPALS AND REGISTRATION OF PROJECTS BY LANDBASED
Appeal. - The order of the Administrator denying the
to lift may be appealed to the Office of the Secretary within ten
calendar days from the service of receipt thereof.
Re-Closing/Re-Padlocking of Office Earlier Re-Opened. - Where
office was allowed to be re-opened upon any grounds hereinabove
and the same was subsequently confirmed to as being used for illegal
activities again, said office shall be closed/padlocked. For this
a new CO shall be issued. In such cases, no motion to lift shall
Application for accreditation of Principals. - Only
duly licensed agencies may file application for accreditation of their
principals or projects overseas
Requirement for Accreditation. - An agency applying for
accreditation of its principals or projects shall
For a landbased agency for its principals:
Standard or master employment contract;
Special power of attorney/service agreement;
Manpower request from foreign principal indicating skills, wages
and the number of workers needed; and
documents which the Administration may find necessary.
Verification or Authentication of Documents. - Whenever
and determined by the
verification or authentication of documents for
of principals or projects shall be Undertaken by the following:
Verification of documents at the site of employment may be undertaken
the Labor Attache or the Assistant Labor Attache in his absence, by
appropriate official at the Philippine Embassy or the
foreign representative in the absence of a Philippine Mission.
Authentication of documents at the site of employment may be undertaken
by the appropriate official of any of the designated
of the Host countries.
accreditation shall not be Authenticated if basic documents are
by the authorized officials of both the hiring company and its local
in the presence of any member of the POEA Directorate or
designated officers of the Administration.
4. Parties to the Agreement. -
may be granted only when the foreign signatory to the
recruitment agreement with the applicant agency is the direct employer
of the workers to be recruited. Foreign placement
may be accredited as principals if they are authorized to operate
as such in their respective countries.
Accreditation of Principals. - A landbased principal or
shall be accredited to only one agency. The Administration
may grant accreditation as may deemed
In the case of manning sector, a shipping principal may be
to not more than three (3) agencies
Transfer of Accreditation. - The
of a principal may be transferred to another agency
that transfer shall not involve any diminution of wages and
agency in these instances shall comply with the requirements for
accreditation and shall assume full and complete responsibility
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
agency and principal of such application.
Actions on applications for accreditation of projects whose
partners or principals have outstanding obligations. -
for the transfer of accreditation of principals or projects shall be
by the Administration upon submission of all requirements by the new
or money claims arising out of business relations between
partners of between agencies and principals may be
by the Administration. However, the pendency of the
should not prevent the Administration from acting on the request for
if public interest so requires.
Approval and Validity of Accreditation. - The Administration
issue to the agency an accreditation certificate for its principal or
after approval of the accreditation request.
shall be valid for a maximum period of two (2) years from
of issuance, subject to renewal. Provisional accreditation
be granted for a period of ninety (90) days for a principal or a
that meets the accreditation requirements substantially.
Revocation of Accreditation. - The accreditation of
a principal or project may be revoked by the Administration in any of
Upon request or notification by the principal or contracting
Upon request of the agency;
documentation or misinterpretation in connection with the application
or applicable laws, rules and regulation on overseas employment.
Blacklisting of Persons, Principals and Contracting Partners.
- Employers, principals and contracting partners
natural persons found defaulting on their contractual obligations to
agencies and/or violating rules and regulations on overseas
or committing grave misconduct and offenses involving moral
shall be prohibited from participating in the overseas employment
the Administration shall advise the employer, principal or contracting
party concerned including its Embassy/Consulate in the
and other Philippine government entities participating in this
Recruitment Order/Crew Order. - Agencies which have selected
principals shall, as a pre-requisite for contract processing
for approval a recruitment order (RO) or crew
(CO), as the case may be, using the prescribed form which shall
the names, positions and salaries of selected contract
Documentary Processing. - Documentary processing shall
upon presentation of the approved RO or CO together with the following
Individual employment contract (EC) containing minimum provisions
by the Administration;
For seafarers, valid seamen service record book (SSRB) and seafarer's
card (SRC); and
Insurance certificate in case of the landbased sector.
The agency shall
provide each worker a copy of the approved EC duly signed by the
worker and employer or where appropriate, by the agency.
may impose other processing requirements as may be
Payment of Processing Fees. - Payment of processing fees
be made immediately after approval of the RO or the EC. All
payments shall be covered by official receipts.
Worker's Deployment. - An agency shall deploy its recruits
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.
the agency to deploy a worker within the prescribed period
valid reasons shall be a cause for suspension or cancellation of
license or fine. In addition, the agency shall return all
at no cost to the worker.
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
Balik-Manggagawa Processing Center. - Filipino contract workers
seafarers, who are on vacation or on emergency leave, and who are
returning to the same worksite, to resume their employment within six
months from the date of arrival in the Philippines shall be
as balik-manggagawa (BM). Said BM may be processed
or through the agency which previously deployed them.
balik-manggagawa, the following documents shall be required:
Valid re-entry visa, work permit or any equivalent document;
balik-manggagawa, the following documents shall be required:
a. Previously POEA processed employment and travel
of the contract workers;
b. Valid passport
c. Valid re-entry visa, work permit or any equivalent
Agency-endorsed Returning Workers. - All recruitment agencies
returning workers to their accredited principals shall
responsibility over said workers for the duration of the employment
in force. While the agencies may charge service fees to their
for this purpose, no redeployment fees shall be collected from
BY THE ADMINISTRATION
AND PLACEMENT THROUGH THE ADMINISTRATION
Hiring through the Administration. - The Administration
recruit and place workers primarily on government-to-government
and shall therefore service the hirings of foreign government
It may also recruit and place workers for foreign employers in such
as policy may dictate, in pursuance thereof, the Administration shall,
programs and projects that may support the employment development
of the Administration; and
in cooperation with the Regional Offices of the Department, organized
activities in the provinces in the aid of the employment dispersal
of the government.
Section 2. Documentary
Requirements from Employer. - An employer hiring through the
shall submit the following documents:
or visa assurance of workers, where applicable;
order which shall state the number and categories of workers needed,
benefits, qualification, guidelines, testing procedures, etc.;
which the Administration may find necessary.
Section 3. Formalization
of a Recruitment Agreement. - Employer hiring through the
shall be required to formalize a Recruitment Agreement (RA). The RA
among others, contain the following provisions:
of the parties to the agreement;
and documentation procedures;
and terms of payment;
d. Manner and
facilities for remittance of workers' salary;
machinery for workers; and
and revocation of the agreement.
The standards and
requirements set by the Administration for the recruitment and
of workers shall apply to hirings through the Administration.
Section 4. Recruitment
and Placement of Workers. -
and Selection. An employer hiring through the Administration shall
select his workers from the manpower pool developed and maintained by
Examination. Selected workers shall undergo and pass a standard
medical examination conducted by a duly accredited medical retainer of
Arrangements. The employer shall assume the full cost of worker's
to and from the place of work;
Before departure for the worksite, hired workers shall undergo the
Pre-Departure Orientation Seminar (PDOS).
Section 5. Documentation
of Workers. -
Processing. Workers hired through the Administration shall be
the following documents:
Employment contract duly signed by the employer or his authorized
or that proper official of the Administration where appropriate; and
Such other documents as may be necessary for the travel.
Documentation. The Administration may secure directly the selected
worker's passport from the Department of Foreign Affairs. All
and endorsements for passport issuance shall be undertaken directly by
Arrangements. The Administration may assist employers and selected
workers secure their visas from the appropriate Embassy.
Name Hires. - Individuals workers who are able to secure
for overseas employment on their own without the assistance or
of any agency shall be processed by the Administration.
Ban on Direct Hires. - No employer may hire a Filipino worker
overseas employment except through the Administration or agencies
by the Secretary.
by workers of the diplomatic corps, international organizations, and
other employers as may be allowed by the Secretary is exempted from
OF EMPLOYMENT STANDARDS
Market Development. - The promotion and development of
opportunities abroad shall be undertaken by the Administration in
with other government agencies and the private sector, through
market research and promotion activities and services.
Market Research and Planning. - The Administration shall
market research activities in aid of market development which shall
Market Promotions. - The Administration shall undertake, among
a comprehensive manpower marketing strategy through:
of marketing missions abroad;
and promotion of programs or arrangements that would encourage the
of Filipinos in organized or corporate groups as well as
of bilateral labor agreements with existing/prospective host countries
of Filipino manpower;
and advertising in appropriate media and development of support
to the private sector; and
and maintenance of effective linkages with other government agencies
Philippine Missions abroad or corps of labor attaches, foreign
directly or through their Embassies, foreign employers, the local
recruitment sector, and other organizations.
OF EMPLOYMENT STANDARDS
Employment Standards. - The Administration shall determine,
and review employment standards in accordance with the market
and welfare objectives of the overseas employment program and the
Minimum Provisions for Contract. - The following shall be
the minimum requirements for contracts of employment:
wages, for regular working hours and overtime pay for services
beyond regular work hours in accordance with the standards established
by the Administration;
from point of hire to site of employment and return;
medical and dental treatment and facilities;
for the termination of the contract or of the services of the workers;
compensation benefits and war hazard protection;
of workers remains and properties in case of death to the point of
or if this is not possible under the circumstances, the proper
thereof, upon prior arrangement with the worker’s next-of-kin and the
Embassy or Consulate through the Office of the Labor Attache;
in the remittance of worker’s salaries, allowances or allotments to his
adequate lodging facilities or compensatory food allowance at
cost of living standards at the jobsite.
Standard Employment Contract. - The Administration shall
development and/or periodic review of region, country and skills
employment contracts for landbased workers and conduct regular review
standard employment contracts (SEC) for seafarers. These
shall provide for minimum employment standards herein enumerated under
Section 2 of this Rule and shall recognize the prevailing labor and
legislations at the site of employment and international
The SEC shall set the minimum terms and conditions of
All employers and principals shall adopt the SEC in connection with the
hiring of workers without prejudice to their adoption of other terms
conditions of employment over and above the minimum standards of the
VIOLATION AND RELATED CASES
Jurisdiction. - The Administration shall exercise
and exclusive jurisdiction to hear and decide all pre-employment cases
which are administrative in character, involving or arising out of
of recruitment laws, rules and regulations including money claims
therefrom or violation of the conditions for issuance of license to
Grounds for suspension/cancellation of license. -
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
Labor and Employment;
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
or containing false information;
or attempting to induce an already employed worker to transfer from or
leave his employment for another unless the transfer is designed to
a worker from oppressive terms and conditions or employment;
or attempting to influence any person or entity not to employ any
who has not applied for employment through his agency;
or attempting to obstruct inspection by the Secretary, the
or their duly authorized representatives;
or altering employment contracts and other documents approved and
by the Administration from the time of actual signing
by the parties up to and including the period of expiration of the same
without Administration’s approval;
file reports as may be required by the Administration;
h. For the
partner, or officer/s of any licensed agency to become an officer
or member of the Board of any corporation or partnership engaged
or indirectly in the management of a travel agency;
withholding or denying travel or other pertinent documents from workers
for monetary considerations or reasons other than those
under the Code
and its implementing rules and regulations;
in recruitment activities in places other than that specified in the
without previous authorization from the Administration;
or designating agents, representatives or employees without prior
from the Administration;
or altering travel documents;
workers whose employment and travel documents were not processed by the
workers or seafarers to vessels or principals not accredited by the
or causing the publication of overseas job vacancies in violation of
deploy workers within the prescribed period without valid reason;
of lawful orders, notices and other processes issued by the
workers to accept prejudicial arrangements in exchange for certain
that rightfully belong to the workers;
of workers’ salaries or remittances without justifiable reasons ;
of other pertinent provisions of the Code
and other relevant laws, rules and regulations, guidelines and other
on recruitment and placement of workers for overseas employment and the
protection of their welfare; and
any other acts similar or analogous to the foregoing.
Grounds for Revocation of License. -
of the conditions of license;
in act/s of misrepresentation for the purpose of securing a license or
renewal thereof, such as giving false testimonies or falsified
in the recruitment or placement of workers in jobs harmful to public
or morality or to the dignity of the Republic of the Philippines;
an accumulated three (3) counts of suspension by an agency based on
and executory orders within the validity period of its license.
- Any complaint/report involving violation of
laws, rules and regulations, violation of terms and conditions for the
grant and use of a license to recruit workers for overseas employment
violation of pertinent provisions of the Code
its implementing rules and regulations and administrative issuances,
be filed with the Adjudication Office, this Administration or in
the Regional Office except in the case of NCR, the same shall be filed
with POEA where the applicant-worker applied or was recruited at the
of the complainant.
within the jurisdiction of NCR, the same shall be filed with the
In the case
of reports received by the Administration, the same shall be
by the Adjudication Office, this Administration or at the appropriate
filed with the Administration shall be heard before the Adjudication
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.
filed at the Regional Office shall be heard by the duly designated POEA
Hearing Office or designated representative.
Who May File. - Any person may file a complaint in writing
and under oath for the suspension or cancellation of the license of any
agency with the Administration.
on its own initiative or upon filing of a complaint or report for the
by any aggrieved person, shall conduct the necessary proceedings for
suspension, cancellation or revocation of the license of any agency.
Caption and Title. - The complaint shall be filed in accordance
with the following captions:
violation(s) and related cases filed with the Administration –
of the Philippines
of Labor and Employment
Overseas Employment Administration
of Violation of Recruitment Rules & Regulations/ Regulations
violation and related cases filed with the Regional Office –
Code, as amended, Circulars,
- versus -
RRB (L) yr/mo/no.
of the Philippines
of Labor and Employment
of Violation of Recruitment Rules & Regulations/Regulations
Code, as amended, Circulars,
- versus -
ADJ- (L) yr/mo/no.
Section 3. Contents
of Complaint/Report. - All complaints/ reports shall be under oath
and must contain, among others, the following:
a. The name/s
and address/es of the complainant/s;
b. The name/s
and address/es of the respondent/s;
c. The nature
of the complaint;
cause/grounds of the complaint;
and where the action complained of happened;
amount of claim, if any;
All pertinent papers,
or documents in support of the complaint must be attached whenever
The complaint shall be under oath, and shall be administered by any
authorized by law.
UPON THE COMPLAINT
Docket and Assignment of Cases. - Complaints duly received shall
be docketed and numbered and shall be raffled off to Hearing Officers
Answer/Counter Affidavit. - Upon receipt of the complaint,
the Administration shall issue a show cause order directing the
to file a verified Answer/Counter-Affidavit within ten (10) calendar
and not a Motion to Dismiss, incorporating therein all pertinent
in support of its defense, and attaching thereto proof of service of a
copy thereof upon the complainant/s. The answer shall be deemed
on the date of receipt stamped thereon, if filed personally, or on the
date stamped on the envelope filed through registered mail.
Failure to File Answer/Counter-Affidavit. - Failure to file
a waiver on the part of the respondent and hearing/investigation shall
Service of Subpoena Duces Tecum and Subpoena Ad Testificandum. -
The Administration shall issue subpoena or subpoena duces tecum.
server who personally served the subpoena duces tecum and/or
ad testificandum, notice, order, resolution or decision shall
his return within five (5) calendar days from the date of his service,
thereof, stating legibly in his return his name, the mode/s of service,
the name/s of the other person/s offered and the date/s of
If no service was effected, the serving officer shall state the reason
therefor. The return shall form part of the records of the case.
Failure or Refusal to Obey Subpoena Duces Tecum and Subpoena Ad
- The license of an agency who fails or refuses to obey the subpoena
duces tecum/subpoena ad testificandum shall be suspended until
of the directive of this Administration.
This is without
prejudice to the outcome of the investigation wherein the proper
may be imposed.
Proof and Completeness of Service. - The return is prima
facie proof of the facts stated therein. Service by
mail is complete upon receipt by the addressee or agent; but if
addressee or agent fails to claim his mail from the post office within
five (5) calendar days from date of last notice of the
service shall take effect after such time.
Motion for Extension. - Only one motion for extension of time to
file Answer/Counter-Affidavit shall be allowed. The Hearing
upon receipt of such motion may, upon meritorious grounds, grant a
period not exceeding ten (10) calendar days. Rulings of the
Officer on motions for extension shall be sent by personal service or
Authority to Initiate Clarifying Questions. - At any stage of
proceedings and prior to the submission by the parties of the case for
resolution, the Administration may initiate clarifying questions to
elicit facts or information, including but not limited to the subpoena
of relevant documentary evidence.
Summary Judgment. - Should the Hearing Officer find upon
of the answers, counter-affidavits and evidence submitted, that
may be rendered thereon, the case shall be deemed submitted.
Nature of Proceedings. - The proceedings shall be non-litigious
in nature, subject to the requirements of due process, the
of law and procedure and the rules obtaining in the courts of law shall
not strictly apply thereto. The Hearing Officer may avail himself
of all reasonable means to ascertain the facts of the case, including
inspection, where appropriate, and examination of informed persons.
Effects of Withdrawal/Desistance. - The withdrawal/
of the complaining witness shall not bar the Administration from
with the investigation on recruitment violation/s. The
shall act on the case as may be merited by the results of the
and impose such penalties on the erring agency as may be deemed
Resolution of the Case. - The Hearing Officer/Regional
shall within thirty (30) calendar days from submission of the
submit its recommendation to the Adjudication Office.
Who May Issue Orders/Resolutions. - Only the Secretary or
his duly designated representative may issue cancellation or revocation
orders. Orders of suspension of license or the lifting of
suspension or suspension of documentary processing shall be signed by
Administrator or in his absence by his duly designated
All other orders
or resolutions shall be signed by the Director, Adjudication Office,
Contents of Orders/Resolutions. - Orders/Resolutions issued by
Administration shall be clear and concise and shall include a brief
of the following:
a. facts of
law/s or rule/s;
and reasons therefore; and
remedy/ies or relief/s granted for imposable sanction/s.
Suspension of Documentary Processing. - The Administration
may order the suspension of the processing of documents pertaining to a
respondent agency on any of the grounds for violation of any provision
of these Rules, POEA Orders, Rules and Regulations.
This is without
prejudice to the outcome of the investigation wherein the proper.
Suspension of License Pending Investigation. - Pending
of the recruitment violation/s and upon notice, the license of the
agency may be suspended for a period not exceeding the imposable
under the Revised Schedule of Penalties, on the following grounds:
reasonable grounds to believe that the continued operation of the
will lead to further violation or exploitation of the workers being
or adversely affect friendly relations with any country or otherwise
national interest; and
a prima facie evidence of a case for violation of the Code,
its implementing rules and regulations or any issuance of the
where the evidence of culpability is strong.
may issue an order lifting or modifying the order of preventive
as the circumstances may warrant.
Suspension/Cancellation of License. - Orders of
shall be imposed in accordance with the Schedule of Penalties
by this Administration.
Fines. - The Secretary or the Administrator may impose fines.
may also impose additional fines for failure to comply with a final
Restraining Orders. - The order/s of suspension shall become
immediately unless a restraining order (RO) is obtained from the Office
of the Secretary.
issuance of a restraining order (RO) shall be filed with the Docket and
Enforcement Division (DED) of the Adjudication Office or in the
Office as the case may be.
Effects of Orders of Suspension/ Cancellation or Revocation. - An
order of suspension/cancellation or revocation shall have the effect of
suspending or terminating all activities of the agency which fall
under the definition of recruitment and placement. The
may seek the assistance of other government institutions, agencies or
to ensure that suspension or cancellation orders are implemented.
Jurisdiction. - The Secretary shall have exclusive
to review recruitment violation cases and other related cases decided
the Administration motu proprio or upon petition of party/ies
When to File. - Petitions for review shall be filed within ten
calendar days from receipt of the Order by the parties.
for Reconsideration shall be treated as a petition for review.
Effects of Filing a Petition for Review. - The filing of
petition for review shall not automatically stay the execution of the
of suspension unless restrained by the Secretary.
Transmittal of the Records of the Case on Petition for Review. - The
Docket and Enforcement Division (DED), Adjudication Office, shall
the entire records of the case, together with the Petition for Review
by any of the parties to the Office of the Secretary within five (5)
days from receipt of the same.
Issuance of Writ of Execution. - After the Order has become
and executory, the Administration shall, upon motion of the party in
issue a writ of execution requiring the Enforcement Officer to execute
Issuance, Form and Contents of a Writ of Execution.
The writ of execution must issue in the name of the Republic of the
Philippines, requiring the Enforcement Officer to execute the Orders of
the Administrator or the Secretary or his duly authorized
as the case may be.
The writ of
execution must contain the dispositive portion of the orders or awards
sought to be executed and must require the Enforcement Officer to serve
the writ upon the losing party or upon any other person required by law
to obey the same before proceeding to satisfy the judgment in the
order, out of the cash bond and/or escrow deposit or where applicable,
the surety bond, the personal property, then out of his real property,
for refund of money claims.
A writ of execution
shall not be necessary for the enforcement of Orders for the return of
travel and other related documents. A copy of the order served
the losing party or upon any other required by law to obey such order
The writ of
execution shall be valid and effective for a period of sixty (60)
days from issuance thereof.
Enforcement of Writs. - In executing an Order, the Enforcement
shall be guided strictly by the Manual of Instructions for Enforcement
Officers of the POEA which shall form part of these Rules.
Garnishment. - In cases where several writs of execution
issued against the same agency, enforcement of the same through
of the cash bond and/or escrow or through the surety bond shall be on a
“first-come, first-served” basis. The Order of Garnishment that
first served on the Accounting Division and/or the Trustee Bank of the
Administration or the Surety Bonding Company shall be satisfied first
of the date of filing of the case or date of the decision or date of
of writ of execution. The cash bond, escrow or surety bond shall
be pro-rated among the claimants for writs served simultaneously.
Return of Writ of Execution. - The person serving the writ
of execution shall submit his return immediately, but not exceeding
(60) calendar days from date of issuance thereof. The return
state the mode/s of service, the name/s of the person/s served and the
date/s of receipt. The return shall also indicate legibly the
name of the serving officer. The return shall form part of the
of the case.
Disciplinary Action. - Complaints for breach of discipline
a contract worker shall be filed with the Adjudication Office or
Office, as the case may be.
may, motu proprio, undertake a disciplinary action against a
for breach of contract.
shall establish a system of watchlisting and blacklisting of overseas
Grounds for Disciplinary Action. - Commission by the worker of
of the offenses enumerated below or of similar offenses while working
shall be subject to appropriate disciplinary actions as the
may deem necessary:
of a felony or crime punishable by Philippine Laws or by the laws of
or possession or trafficking of prohibited drugs;
especially where the laws of the host country prohibit intoxicating
especially where the laws of the host country prohibit the same;
or joining a strike or work stoppage where the laws of the host country
prohibit strikes or similar actions;
trouble at the worksite or in the vessel;
of company funds or moneys and properties or a fellow worker entrusted
for delivery to kin or relatives in the Philippines;
or destroying company property;
or possession of deadly weapons;
of the sacred practices of the host country; and
breach of government approved employment contract.
Handling of Cases. - The procedure/s provided in this Book shall
also apply in disciplinary cases involving contract workers, including
Section 4. Who
May be Included in the Watchlist. - A contract worker, or a
who has a pending complaint for disciplinary action and those against
a warrant of arrest or hold departure order issued by the appropriate
shall be included in the watchlist.
Penalties for Breach of Discipline. - Breach of discipline may
to the Philippines at the worker’s
from the overseas employment program.
In case of seamen,
delisting from the registry.
imposed by the Administration shall be without prejudice to whatever
or criminal liability that may be imposed by appropriate courts for
breach of discipline.
Disqualification of Contract Worker. - Contract Workers,
seamen, against whom penalties have been imposed or with pending
imposed upon them through an order, decision or resolution shall be
in the POEA Blacklist. Workers in the Blacklist shall be
from overseas employment unless properly cleared by the Administration
or until their suspension is served or lifted.
Delisting of the Contract Worker’s Name from the POEA Watchlist. -
The name of an overseas worker may be excluded, deleted and removed
the POEA Watchlist only after disposition of the case by the
Records of Proceedings. - The records of all proceedings
the Hearing Officer shall be summarized in writing by the Hearing
including the substance of the evidence presented. The minutes of
proceedings shall be signed by the parties and shall form part of the
Where any of the parties refuse to sign, the refusal and reason/s given
must be indicated by the Hearing Officer in the minutes, which must be
chronologically arranged and appropriately paged.
Appearances. - An attorney appearing for a party is presumed to be
properly authorized for that purpose.
may be made orally or in writing. In both cases, the complete
and office and the adverse party of his counsel/representative properly
Any change in
the address of counsel/representative should be filed with the records
of the case and furnished the adverse party or counsel.
Any change or
withdrawal of counsel/representative shall be made in accordance with
Rules of Court.
Action on Motions. - The Hearing Officer shall have the
to rule on motions which may be done in writing or orally during the
Certification of Fees. - The Chief of the Docket and
Division (DED) or his duly authorized representative, Legal Research,
and Enforcement (LRDE) Branch, Adjudication Office, shall be the
Officer of the Adjudication Office, after payment of fees.
copies shall bear the seal of the Administration.
Custody of Seal and Books. - The Docket and Enforcement Division
Adjudication Office, this Administration, shall keep in its Office and
custody the Seal of the Administration, including the records, files
Disqualification of Erring Bonding Companies. - Bonding
refusing to acknowledge the jurisdiction of the Administration over the
surety bonds posted with the latter, as well as those found not to be
with orders issued against the surety bond, shall be recommended to the
Licensing and Regulation Office for blacklisting.
Applicability of the Rules
of Court. -
Revised Rules of Court of the Philippines shall, whenever
supplement these Rules in similar or analogous character in proceedings
brought before the Administration.
AND EMPLOYMENT SERVICES
Responsibility to Assist Workers. - Agencies shall ensure
that workers they deploy overseas are amply protected and their
well being and welfare are promoted. Agencies shall be responsible for
the faithful compliance by their foreign principals of all obligations
under the employment contract and shall therefore, be liable for any
all violations of the contract.
Section 2. Request
for Assistance. - The Administration shall take cognizance of
any request of assistance out of overseas employment from the contract
worker and/or his family.
Section 3. Assistance
in the Enforcement of Contractual Obligations. - The Administration
shall provide the worker and his family all assistance they may need in
the enforcement of contractual obligations. The Administration may call
on agencies to conference or conciliation meetings or may require
of reports for the purpose of settling complaints or problems brought
its attention. Agencies shall give these cases priority attention.
Section 4. Assistance
on Matters not Related to Contractual Obligations. - The
shall, in coordination with other government institutions and/or
non-governmental organizations, assist workers or members of their
on matters other than contractual obligations that may arise as a
of overseas employment. In the performance of this function, the
may call on agencies concerned which shall therefore, provide all
Section 5. Repatriation
of Workers. - The repatriation of the worker and the
of his personal belongings shall be the primary responsibility of the
which recruited or deployed the worker overseas. All be borne by the
concerned and/or its principal.
repatriation and the transport of the personal belongings of the
worker and all costs attendant to repatriation hereto shall be the
of the principal and/or agency.
Section 6. Claims
for Death and Disability. - Claims for death, disability and other
benefits as well as money claims by the worker or his beneficiary/her
from overseas employment shall be given preferential attention and
by the agency and/or its principal.
Section 7. Administrative
Sanctions. - Deliberate failure by agencies and/or principals to
on requests for assistance but not limited to those provided in
1 to 6 of this Rule, may warrant imposition by the Administration
of such sanction as it may deem necessary.
Section 8. Welfare
Programs and Activities. - The Administration, in coordination with
other institutions, shall initiate and undertake such projects and
that will enhance the welfare and interests of the workers at the
and their families including such projects and activities that will
the integration of returning workers into the mainstream of life in the
Conciliation of Complaints. - The Administration shall
complaints of workers and/or their families arising out of the
of the contract; matters not related to contractual obligations; and
for death and/or disability and other benefits.
Complainant. - The Administration shall take cognizance
complaints filed by any contract worker, whether or not he is in the
by his heirs and beneficiaries, and by any licensed agency or its
3. Conciliation Proceeding. - Upon receipt of the
the Administration shall notify the respondent. Whenever
the Administration shall notify the respondent. Whenever
the Administration shall bring together the complainant and the
with the end in view of arriving at an amicable settlement.
In its conduct
of conciliation, the Administration may direct the parties to appear
where there is amicable settlement and/or voluntary payment, the
shall witness such settlement/payment to the worker or his
parties fail to agree to an amicable settlement, the complaint may be
to the Adjudication Office upon approval by the complainant.
Administrative Sanction. - Deliberate failure by agencies
to act on complaints will warrant imposition by the Administration of
sanction as it may deem necessary.
after proper evaluation of complaints and supporting documents there is
a finding that the employer or principal is remiss in the performance
its contractual obligations to the prejudice of its workers, the
shall recommend watchlisting of said employer or principal.
Pre-Employment Orientation- The Administration, in
with other institutions, shall provide applicants for overseas
with an orientation that will prepare them for overseas employment.
will focus on but will not be limited to an interview of the overseas
program; procedures and documentary requirements for application;
agencies; modus operandi of illegal recruitment activities and
services available to overseas job applicants and hired workers.
Section 2. Pre-Departure
Orientation Seminar. - Every worker departing for overseas
as a new hire shall undergo a pre-departure orientation seminar.
Section 3. Responsibility
of Providing a Pre-Departure Orientation Seminar.
It shall be
the responsibility of every licensed agency to provide each worker it
overseas a thorough pre-departure orientation seminar (PDOS) in
with the provisions of this Rule.
of PDOS shall be limited to accredited entities classified into the
agency with such an average annual deployment as may be determined by
Administration and with a previously accredited PDOS for its recruits;
of licensed agencies;
organizations (NGOs) with special interest and concerned for overseas
as may be allowed by the Administration.
Section 4. Cost
by a worker in the PDOS shall from part of the package of placement
already paid for by either the worker through his placement fee of by
employer or principal.
Section 5. Review
and Approval of PDOS Programs and Tie-Ups; Accreditation of PDOS
pre-departure orientation seminar programs, PDOS program tie-ups and
shall be reviewed screened and approved by the Administration. Only
and tie-ups which meet the requirements and trainors who pass the
standards of the Administration shall be given accreditation.
Section 6. Requirements
for the Accreditation of a Non-Governmental Organization (NGO)
Section 7. Supervision
and Monitoring of PDOS Activities.
Administration shall supervise and monitor the PDOS activities of
agencies. The PDOS venue of every agency shall be subject to periodic
and/or spot inspections as often as the Administration deems it proper.
Section 8. Submission
of PDOS Reports. - Agencies shall submit to the Administration an
monthly schedule of their pre-departure orientation seminars. The
shall include seminars held the previous month indicating the names of
the workers/participants, the date of PDOS and the countries of
Certificates of Attendance. - Workers who complete the
shall be issued Certificates of Attendance. The Certificates of
shall be submitted to the Administration.
PDOS for POEA-Placed Workers. - The Administration shall
PDOS to workers placed overseas through its own facility.
Other Related Programs and Activities. - The Administration
develop and implement other programs and activities in support of PDOS.
Among others the Administration may undertake a trainor's training for
agencies and advance programs designed to equip workers with the
skills to cope with or adapt to changes in environment.
of any of the provisions of this Rule shall be subject to sanctions.
The Manpower Registry Skills Bank. - The Administration shall
and maintain a national manpower registry or skills bank in support of
the overseas employment program. For this purpose, it shall adopt a
of registration of workers according to skills, occupation or such
as it may deem expedient and effective. As far as practicable, agencies
shall recruit from the national manpower pool.
Section 2. Membership
in the Manpower Registry. -
in the national manpower registry shall be open to all workers. The
shall conduct and/or supervise the process of skill
of applicant workers in accordance with established criteria and issue
the corresponding certifications. Those who are duly certified by the
shall automatically become members of the pool.
Section 3. Agency
agency may establish its own manpower pool in support of its marketing
program provided no fee shall be charged to the worker for membership
the manpower pool.
Section 4. Disqualification
from the manpower Registry. -
of fake documents;
of the Code of Discipline for Filipino Overseas Workers;
with documents issued by the Administration such as registration card,
history cards and other forms used in registration; and
that may be determined by the Administration
RESEARCH AND DEVELOPMENT
Research Studies. - The Administration in coordination with
entities shall conduct periodic researches and studies in labor supply
especially as it relates to the range and scope of demandable and
skills for overseas employment including but not limited to
standards and technological development programs for landbased workers
and seafarers; and for developing guidelines to regulate the outflow of
critical skills especially in essential public services and industries
indispensable to the national interest.
Section 2. Manpower
Development Program for Overseas Workers. - In order to
the supply of qualified manpower for overseas employment, the
shall identify/develop training programs and enlist the participation
both government and private sectors to undertake such programs for
that are in demand overseas.
Section 3. Developing
of Training Standards. - On the basis of such research studies, the
Administrator shall coordinate with both private entities and
agencies and employers concerned in the formulation of Accreditation
Section 4. Implementation,
Supervision and Regulation of Training Programs for Overseas
- The administration shall implement, regulate and supervise the
of training programs for overseas contract workers.
DISCIPLINE FOR OVERSEAS CONTRACT WORKERS
Obligations of Overseas Workers. - It shall be the obligation of
every Filipino overseas workers to abide by the terms and conditions of
his employment contract, to behave in the best manner and tradition of
a Filipino and to observe or respect the laws, customs, mores,
and practices of the country where he is working. It shall also
his obligation to abide with the requirements on remittance of earnings
as well as to provide material help to his family during the period of
his overseas employment:
a. Duty to
ample financial and moral support to his family in the Philippines; and
with his family as often as he can and make his presence felt just as
when he is around.
b. Duty to
and cooperate with other contract worker working in the same site; and
from degrading a colleague in order to get a position or rank or from
a fellow worker in bad light before his colleagues or superiors.
c. Duty to
the ideas of the Republic of the Philippines and to defend it, if
by the rules and regulations aimed at promoting the worker’s interest
enhancing national gains; and
Ambassador of Goodwill, projecting only the good in the Filipino and
from tarnishing the Filipino image abroad.
d. Duty to
the agency and/or employer with correct and true
regarding his skill, experience and other qualifications;
and abide with the terms and conditions of the employment contract;
a high level of productivity as well as abide by company rules and
from committing acts which are detrimental to the interest of his
agency during his documentary processing and/or employment.
e. Duty to
BOND FOR WORKERS
Performance Bond. - In order ensure faithful compliance
workers of their work contracts and to safeguard against their getting
stranded as a result of the termination of their employment for cause
the abrogation of their employment contract for reason of
agencies may require each worker recruited and hired by them to post a
performance bond equivalent to a return plane fare but in no case
P20,000.00. Arrangement for the bond agreement or its renewal
be undertaken by the agency.
in lieu of the performance bond, adopt a reimbursable return travel
scheme subject to guidelines by the Administration.
of performance bond is optional for seamen.
Payment of Premium Fee. - Only the exact amount for
fee including the necessary notarial fee shall be charged each worker
the performance bond. Imposition of the performance bond in cash
is strictly prohibited. The cost of premium for the bond shall be
in addition to the placement fee paid by the worker.
Repatriation Program. - In the event the worker is
for cause or whose employment contract is abrogated for
necessitating his immediate repatriation, the agency involved shall
cause the repatriation of said worker. For this purpose, the
shall advance the cost of plane fare and later collect from the bonding
company the amount involved.
Repatriation of Workers without Performance Bond. - The
of the agency to immediately repatriate a worker who is terminated for
cause or whose employment contract was abrogated for reason of
bond. In cases like these, the agency concerned shall immediately
repatriate the workers and shoulder the cost of repatriation.
Action of Failure to Effect Immediate Repatriation. - Should the
agency unduly delay without justifiable reason the repatriation of the
worker who is terminated for cause or whose employment contract is
for reason of non-performance in spite of adequate notice to it by the
Administration, the latter may cause the worker’s repatriation and
the cost of the plane fare to the agency’s cash bond.
Obligation to Remit. - It shall be mandatory for a
worker to remit to his beneficiary in the Philippines such percentage
his basic salary abroad as required in Section 3 below and have the
exchanged for pesos through the Philippine banking system.
shall cause the inward remittance of foreign exchange payments
from their overseas transactions such as service fees, airfares and
Obligation to Report. - Agencies shall submit periodic reports
the Central Bank of the Philippines on their foreign exchange earnings,
copies of which shall be furnished the Administration.
Mandatory Remittance Requirement. - The percentage of foreign
referred to in Section 2 of this Rule, shall be as follows:
a. Seamen or
(80%) of the basic salary.
Filipino contractors and construction companies:
percent of the basic salary.
engineers, teachers, nurses and other professional workers whose
contracts provide for free board and lodging facilities:
percent of the basic salary:
professionals whose employment contracts do not provide free board and
percent of the basic salary.
and other service workers:
percent of the basic salary.
workers not falling under the aforementioned categories:
percent of the basic salary.
Proof of Compliance. - Proof of compliance with the
remittances requirement as mentioned on Section 2 hereof, may consist
any of the following documents or such alternatives as may be approved
by the Central Bank of the Philippines showing that the contract
had in fact effected aforesaid remittance and had caused the surrender
of the same for pesos through the Philippine banking system.
bank remittance form; or
from employer duly authenticated that remittance has been effected; or
or credit/payment advice evidencing sale for pesos to the Philippine
official receipt covering foreign exchange sold in the Philippines to
agent banks or authorized foreign exchange dealers; or
International Postal Money Order.
AND MISCELLANEOUS PROVISIONS
Authority to Administer Oaths. - The Administrator, or any
designated by him to handle cases or disputes, shall have the authority
to administer oaths and require the attendance of witnesses or the
of any book, paper, correspondence, memoranda and other documents
or material to the case or inquiry.
may also designate any office of employee to administer oath on matters
pertaining to the filing and receiving complaint as well as enforcement
of decisions, orders or resolutions of the Administration.
Consolidation of Cases. - Where there are two (2) or more
cases pending before different Hearing Officers, involving the same
and issues, the case which was filed last may be consolidated with the
first to avoid unnecessary cost or delay. Such cases shall be
by the Hearing Officers to whom the first case was assigned.
Prescription. - All money claims arising from the acts of
enumerated in Section 1, Rule I of Book VI, shall be barred if not
or filed with the Administration within three (3) years after such
of action accrued.
action shall be barred if not commenced or filed with the
within three (3) years after such action occurred.
Construction. - These rules shall be liberally construed
carry out the objectives of the Constitution,
Code of the Philippines, laws
pertaining to overseas employment and to assist the parties in
just, expeditious and inexpensive settlement of disputes.
Separability Clause. - The provisions of these Rules and
are declared to be separable and if any provision or the application
is held invalid or unconstitutional, the validity of the other
shall not be affected.
Repealing Clause. - All policies, issuances, rules and
inconsistent with these Rules are hereby repealed or modified
Effectivity. - These rules shall take effect fifteen (15) days
publication in a newspaper of general circulation.
Done in the
City of Manila, this 31st day of May, 1991.
RUBEN D. TORRES
of Labor and Employment