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