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Meanings of Terms. Definition of terms. Overseas Employment Administration. Powers of the Secretary of Labor and Employment. Free placement services. Applicants shall accomplish appropriate information sheets and submit such other documents as may be prescribed by the Bureau for the purpose. Placement of workers. The public employment office shall refer him to any appropriate job for vacancy. Vocational guidance and testing.
Each office shall at least have one 1 vocational guidance and testing officer to undertake these tasks. Occupational classification of registered applicants. They shall also maintain a registry of skills using such forms as may be appropriate for the purpose.
Occupational-industrial mobility of workers. Geographical movement of workers. The transfer of workers shall be arranged by the public employment office where the applicant is registered and the office where the vacancy exists. Job-clearance and information system. Submission of reports. Private recruitment. Ban on direct hiring. Direct hiring by members of the diplomatic service, officials and employees of international organizations and such other employers as may be authorized by the Secretary is exempted from this provision.
Such hirings shall be processed by the Overseas Employment Development Board. Who may participate in the private sector. Citizenship requirement. Qualifications of applicants. For overseas recruitment and placement, a minimum networth of P, For local recruitment and placement, a minimum networth of P25, Application for license for overseas recruitment and placement. Amended by Sec. Action on application. Upon considering the findings and recommendations of the Bureau, the Secretary may either deny or approve the application.
Fees and bonds. Issuance of license. Modified by Sec. Duration of license. As amended by Sec. Non-transferability of license. Any transfer of business address, appointment or designation, of any agent or representative, including the establishment of additional offices elsewhere, shall be subject to the final approval of the Bureau.
Change of Ownership of Business. The new owner shall be required to apply for a license or authority in accordance with these Rules. Added by Sec. A change in the relationship of the partners in a partnership duly authorized or licensed to engage in overseas employment which materially interrupt the course of the business or results in the actual dissolution of the partnership shall likewise cause the automatic revocation of the license or authority.
Upgrading of Single Proprietorship or partnership. The prohibition on the issuance of new license under LOI shall not apply to the new entity created by reason of the above merger, consolidation or upgrading. The approval of merger, consolidation or upgrading shall automatically revoke or cancel the license or authorities of the single proprietorships, partnerships or corporations so merged, consolidated or upgraded.
Change of Directors of Corporations. The corporation shall be required to submit to the Administration the bio-data and clearances of the new members of the Board from the government agencies identified in Section 1 c Rule II, Book II of these Rules. Change of Other Officers and Personnel. Transfer of Business Address. The approval shall be issued only upon formal notice of the intention of transfer with the following attachments: Added by Sec.
The new office space shall be subject to the normal ocular inspection procedures by duly authorized representatives of the Administration. A notice to the public of the new address shall be punished in a newspaper of general circulation. Conduct of Recruitment Outside of Registered Office. Appointment of Representatives. The approval may be issued upon submission of or compliance with the following requirements: Added by Sec.
Approval by the Administration of the appointment or designation does not authorize the agent or representative to establish a branch or extension office of the licensed agency represented.
Any revocation or amendments in the appointment should be communicated to the Administration, otherwise the designation or appointment shall be deemed as not revoked or amended.
Renewal of license. Such application shall be supported by the following documents:. Processing of application for renewal. Upon evaluation of the documents submitted and the agency's performance records, the Bureau shall recommend its denial or renewal to the Secretary who may accept or deny the Bureau's recommendation.
The Bureau shall release the license subject to payment of a license fee of P6, Failure to replenish shall cause the suspension or cancellation of the license or authority. A licensed agency or entity which voluntarily surrenders its license or authority shall be entitled to the refund of its cash bond only after posting a surety bond of similar amount valid for three 3 years. The Administration shall undertake the evaluation and rating of the performance of licensed agencies and entities and determine the merits of their continued participation in the overseas employment program taking into consideration compliance with laws and regulations and such other criteria as it may deem proper.
Requirement before recruitment. In case any of the foregoing documents is executed in the Philippines, the same may be authenticated by the duly authorized official of the Department of Foreign Affairs or of the employer's consulate or Embassy or of the Department of Labor and Employment official as may be appropriate. Such formal appointment or recruitment agreement shall contain the following provisions, among others:. Terms of recruitment, including the responsibility of the parties relative to the employment of workers;.
Power of the agency to sue and be sued jointly and solidarily with the principal or foreign-based employer for any of the violations of the recruitment agreement and the contracts of employment;. Compensation or payment schedule, including payment of documentation costs, government fees, service from the transportation fare and the mode of payments;.
Period of validity, which shall be not less than one year and up to the expiration date of the last employment contract signed with its recruits; and. Institutions of systems or procedure to be implemented for mandatory remittance of a portion of the worker's salary as provided under the Code and the Affidavit of undertaking. Submission of employment contracts. Standard format of service agreement and employment contract.
The standard format shall set the minimum standards of the terms and conditions to govern the employment of land-based overseas Filipinos. All employers shall adopt the model contract in connection with the hiring and engagement of the services of overseas workers.
Worker's deployment. If the worker is unable to depart within forty-five 45 days from the release of passport through no fault of his and without any valid reason on the part of the agency, he shall be entitled to the refund of his expenses, if any, and standby pay, if he is made to wait for his deployment. On the other hand, if after the applicant worker has been properly documented and processed, he decides to withdraw without any valid reason, he shall reimburse the agency all expenses of processing and documentation.
The Bureau shall issue as appropriate, orders to implement this provision. Contents of employment contracts. The Administration shall undertake the periodic review of salaries and wages prevailing at worksites. Renewal of contracts. Allowable fees chargeable against the workers. Such fee shall be paid only when the employment contract of the worker has been approved by the Bureau and he is about to commence employment through the efforts of the agency.
Every payment shall be covered by an appropriate receipt indicating the amount paid and the purpose of such payment. In addition and subject to the approval of the Secretary the applicant workers may be required to post a bond to guarantee compliance with the employment contract. Fees chargeable against the employer. Agencies shall charge from their principals a service of manning fee to cover services rendered in the recruitment, documentation and placement of workers.
In case of the withdrawal of the worker within one hundred twenty days from the signing of the employment contracts the agency or entity shall refund the amount paid by him after deducting such actual expenses incurred in the documentation of the worker as may be supported by receipts.
No other fees or charges shall be imposed against any worker. Contract processing fees and the Welfare Fund contributions shall in no case be charged to the worker. However, this shall not apply in the case of Seafarers' Welfare Fund which is contributory in nature. Recruitment Advertisement. Such advertisement shall contain the following information, among others:. Agencies or entities may recruit workers for their accredited principals or projects from the manpower registry of the Administration in accordance with the guidelines set by it.
Agencies or entities desiring to generate qualified applicants for prospective principal or project may advertise in accordance with the format prescribed by the Administration. Such undertakings shall not involve payment of any fee by applicants. False and deceptive advertisements published by agencies or entities including those published not in accordance with the prescribed format shall be valid ground for suspension or cancellation of license or authority.
Article 7. Statement of objectives. Inasmuch as the old concept of land ownership by a few has spawned valid and legitimate grievances that gave rise to violent conflict and social tension and the redress of such legitimate grievances being one of the fundamental objectives of the New Society, it has become imperative to start reformation with the emancipation of the tiller of the soil from his bondage. Article 8.
Labor Code of the Philippines
Name of Decree. Date of Effectivity. Declaration of Basic Policy. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure and just and humane conditions of work. Construction in Favor of Labor. Rules and Regulations.
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