LEGAL BASIS of PEOS• SEC. 6 Rules & Regulations Implementing

RA 8042: “The POEA may undertake other programs or resort to other modes of information and dissemination campaign such as the conduct of nationwide, comprehensive and sustainable Pre-Employment Orientation Seminar.”

Objectives of PEOS• Provide information on labor and

employment conditions, migration realities and other facts on overseas employment

• To adequately prepare participants into making informed and intelligent decisions about overseas employment

STRATEGIES FOR PEOS

What POEA has done on PEOS: - conducted PEOS in schools - tapped LGUs thru PESOs - conduct of PEOS prior to or during

jobs fair - PEOS in regions thru POEA and

DOLE regional offices

STRATEGIES FOR PEOS• Regular in-house PEOS at POEA• Developed country-specific

information materials for PEOS• Completed 16 country specific

modules in cooperation with the private sector

STRATEGIES FOR PEOS• The nine (9) country specific modules

is also available at the POEA website: www.poea.gov.ph

(click “Working abroad? Things you should know about your destination)

PEOS vs. PDOSParticipantsopen to everyone

Participants are departing workers for OE

Voluntary orientation program

Compulsory for newly hired workers departing for the first time

No fees can be collected for PEOS

PDOS providers allowed to collect minimal fees

PEOS vs. PDOSModule of PEOS is broad, general info

PDOS module more focused on country of destination and EC

Objective of PEOS is for participant to make intelligent decision on whether to work abroad or not

Decision to go abroad already made and mindset of participant is on impending departure

PEOS ModulePEOS Module

TOPIC OBJECTIVES CONTENTMETHODOLO

GYTIME

ALLOTMENT

Overview of the

program

To set the minds of the participants on what to expect from the seminar.To orient the participants on the flow of the seminar as well as the activities to be undertaken throughout the three-hour orientation.

• Objectives• Activities and

Expectations• Mini lecture 10 minutes

Handa Ka

Ba?

To enhance the awareness of prospective OFWs on the harsh realities of overseas employment

• A 23-minute AVP showing the sad stories and experiences of household workers, their ordeals of abuses and maltreatment.

• Testimonials on the harsh realities of the market particularly on the vulnerable groups that would cover the social, emotional, cultural and legal difficulties, among others.

• Video presentation

• Testimonial• Panel

discussion• Open forum

I hour and 30 minutes

TOPIC OBJECTIVES CONTENT METHODOLOGYTIME

ALLOTMENT

Kilalanin Ang Illegal

Recruiter

•To create awareness on the various forms of illegal recruitment and ways to avoid being victimized

• Modus Operandi of Illegal Recruiters

• Tips on How to Avoid Illegal Recruitment

• How to detect/identify illegal recruiters

• Play audio presentation (listening on the drama. presentation of IR victims)

• Lecture• Testimonial from

an IR victim

40 minutes

Ang Paglalahad ng Saloobin

•To relate learnings with personal decisions

• A reflection exercise with guide questions to the participants to articulate their interest in pursuing work abroad despite the testimonies made by the panel of resource persons highlighting on their experiences.

•Pencil and paper approach where the audience will be required to put in writing their answers

30 minutes

TOPIC OBJECTIVES CONTENT METHODOLOGYTIME

ALLOTMENT

Synthesis / Closing

• To empower the participants to make information and value based decision on employment options

•Advertise the 24-hour hotline of POEA and encourage everyone to help the government in our fight against illegal recruitment and be intelligent in their decisions

• Parting words with lasting impact to audience

10 minutes

NOTE: The audience will be provided with reference materials as to the modes and legal procedures of application

together with the costs/fees.

ILLEGAL ILLEGAL RECRUITMENT RECRUITMENT FREE LOCAL FREE LOCAL

GOVERNMENT GOVERNMENT UNIT UNIT

OBJECTIVES

• Expand the network of POEA in its campaign against illegal recruitment at the grassroots level;

• Strengthen the institutions that provide support through continuing technical assistance such as training, information materials, resource persons, etc;

• Sustain LGU participation in the campaign through mechanisms that will motivate partners such as recognition and awards, semi-annual consultative meetings, periodic reporting and evaluation.

IMPLEMENTATION STRATEGIES

• Forging of formal Memorandum of Agreement with LGU executives

• Continued conduct of capability enhancement trainings for PESO Managers and the conduct of PEOS at the local levels to help increase the awareness of prospective overseas workers on the physical, emotional, social and financial demands of overseas employment and empower them to make intelligent and well-thought of decisions.

• Dissemination of information against illegal recruitment such as posters, brochures,

• Incentives and rewards system• Sustained monitoring and evaluation

Information DisseminationPOEA LGU-PESO

Regularly provide the LGU-PESO information materials such as; posters, brochures pamphlets, updated list of license agencies as well as copies of recent anti-illegal recruitment laws and regulations for dissemination and distribution in their respective constituencies.

Ensure that all of the Barangays under its jurisdiction shall display the provided information materials for ready reference of the residence/community.

Ensure that the AIR posters/banners be displayed in the conspicuous places of the city/municipality.

Produce at least 5 giant streamers declaring the all out war against illegal recruitment in their locality or adopt the slogan “THIS IS AN ILLEGAL RECRUITMENT FREE CITY/MUNICIPALITY” or “BEWARE OF ILLEGAL RECRUITERS” to be positioned in crowded places such as markets, churches, schools, town plaza, and or bus stations.

Shall be responsible in the control and distribution of all the information materials provided.

Conduct of Pre-Employment Orientation Seminar

POEA LGU-PESOProvide a package of useful information and education materials on overseas employment for use in the PEOS.

Provide the LGU-PESO market situationer, updates, memorandum circulars and other special reports of public interest.

Make available resource speakers until such time the LGU-PESO key personnel are trained to conduct PEOS.

Train and equip the LGU-PESO key personnel the needed tools and skills in the conduct of the PEOS to prepare them as speakers for the seminar and assist in the trainers training program initiated by the latter, whenever necessary.

Announce the schedule, provide venue and participants for PEOS in all initiated job fair and institutionalize the conduct of the PEOS at least once a month. For this purpose, the LGU-PESO shall

adopt the standard PEOS module in the conduct of its PEOS.

Establishment of Illegal Recruitment Complaint Help Desk and Referral System

POEA LGU-PESO

Train the LGU-PESO on how to provide assistance to illegal recruitment complaints

Establish an Anti-Illegal Recruitment Help Desk in its PESO.

Designate key personnel to provide assistance to victims of illegal recruitment and shall man the AIR-Help Desk

Render assistance in documenting the complaints, preparing the affidavits for illegal recruitment victims and shall refer the same to POEA’s Legal Assistance Division, Anti-Illegal Recruitment Branch, or to any appropriate law enforcement agencies.

Establish strong linkages with other law enforcement agencies for coordination and referral of illegal recruitment cases, such as the Philippine National Police-CIDG, National Bureau of Investigation, and the Department of Justice.

Courtesy lane for job applicants

POEA LGU-PESO

Provide the LGU-PESO updated list of job vacancies regularly under its Government Placement Branch (GPB) hiring for reference and information of the latter’s constituents.

Establish a mechanism to provide a system of referrals by the LGU-PESO for its applicants to POEA-GPB job vacancies.

Provide a space for POEA’s Balik-Manggagawa Processing during the peak season (January, May, November and December) upon determination of the need.

Ensure that privileges accord to by the POEA shall not be violated in accordance with its laws and regulations.

Monitoring, Evaluation and Assessment

• The LGU-PESO shall submit on or before the second Monday of very month the activities undertaken using the prescribed format designed POEA.

• The POEA and the LGU-PESO shall hold quarterly meetings to review the record of performance based on the provisions of the Guidelines and to introduce improvements, as the need arises. The venue shall be at the Blas F. Ople (BFO) Building, corner Ortigas Avenue, EDSA Mandaluyong City.

Partner LGUsSigned Memorandum of Understanding

Valenzuela City

Taguig City

Mandaluyong City

Quezon City

Las Piñas City

Muntinlupa City

Caloocan City

Malabon City

San Pablo, Laguna

San Isidro Nueva Ecija

Pagadian City, Zamboanga Del Sur

On-Going Negotiations

Pasig

Pateros

San Juan

Marikina

Makati

Pasay

Naga

Conducted PESO Capability Enhancement on Overseas Employment

Conducted PESO Capability Enhancement on Overseas Employment

•Bulacan •MIMAROPA •NCR •Region VI,VII,VIII (Bohol City)•Region 12 (General Santos City) •the Province of Palawan •Region III (Pampanga)•Western Mindanao (Pagadian City)•Northern Mindanao/SOCSARGEN (Butuan City)

*408 PESO Managers benefited from these trainings

(covered area) (venue)

Region II AparriSouthern Luzon BatangasWestern Visayas BacolodRegion III Bulacan

Reform Package Affecting Household Workers

(Governing Board Resolutions (GBR) # 3-12 of 2006 and GBR # 1-2 of 2007)

Guidelines on the Implementation of the Reform Package Affecting Household Service Workers

(HSWs)

a) With visas issued prior to 16 December 2006, or processed under job orders registered with POEA prior to 16 December 2006, or processed under employment contracts that were verified by the concerned POLOs prior to 16 December 2006 shall be exempted from the following reform package:

I. Newly hired HSWs[1]

• Minimum age of 23 • Minimum entry salary of US$400 • No – placement Fee policy • TESDA NC2 Certificate • Attendance to the OWWA Language and Culture Orientation

Provided that these newly hired HSWs are processed at POEA before 1 March 2007.

b) With visas issued after 16 December 2006, or processed under job orders registered with POEA after 16 December 2006, or processed under employment contracts that were verified by the concerned POLOs after 16 December 2006 shall be covered by the following:

• Minimum age of 23 • Minimum entry salary of US$400 • No – placement Fee policy; • TESDA NC2 Certificate • Attendance to the OWWA Language and Culture Orientation.

Guidelines on the Implementation of the Reform Package Affecting Household Service Workers

(HSWs)

II. Returning HSWs

Newly hired HSWs shall exempted from the TESDA and OWWA requirements if bound for countries with prescribed skills training and language and culture orientation as conditions for visa issuance. The determination of the countries with such requirements shall be done by POEA.

a) Vacationing HSWs or those with existing overseas employment contracts executed prior to 1 March 2007 and are returning to their employer at anytime within the duration of their contract are exempted from the coverage of the following reforms:

• Minimum age of 23 • Minimum entry salary of US$400 • TESDA NC2 Certificate • Attendance to the OWWA Language and Culture Orientation

The No-placement Fee policy does not apply to them since they are merely resuming their employment under an existing contract and are processed at the POEA without the participation of an agency.

Guidelines on the Implementation of the Reform Package Affecting Household Service Workers

(HSWs)

b) HSWs who completed their overseas contracts within 2006 and thereafter, and are returning to the same or new employer with their OEC issued before 1 March 2007, are exempted from the following:

• Minimum age of 23 • Minimum entry salary of US$400 • Payment of placement fee, if hired thru an agency • TESDA NC2 Certificate • Attendance to the OWWA Language and Culture Orientation unless returning to a country with a different language and culture, as determined by OWWA

c) HSWs who completed their overseas contracts before 2006 and are returning to the same or new employer with their OEC issued before 1 March 2007 are covered by the new minimum salary rate of US$400. They are, however, exempted from the following:

• Minimum age requirement • Payment of placement fee, if hired thru an agency • TESDA NC2 requirement, unless required by their employer • OWWA Language and Culture Orientation unless returning to a country with a different language and culture, as determined by OWWA

Guidelines on the Implementation of the Reform Package Affecting Household Service Workers

(HSWs) d) HSWs who completed their overseas employment contracts which were executed prior to 1

March 2007 and are being processed under a new contract with the same employer or new employer on or after 1 March 2007 are covered by the new minimum salary rate of US$400. They are, however, exempted from the following:

• Minimum age requirement; • Payment of placement fee, if hired thru an agency; • TESDA NC2 requirement, unless required by their employer; and • OWWA Language and Culture Orientation unless returning to a country with a different language and culture, as determined by OWWA.

e) HSWs who completed their employment contract before or after 2006 and are being processed under a new contract with the same or a new employer on or after 1 March 2007 are covered by the new minimum salary rate of US$400. They are, however, exempted from the following:

• Minimum age requirement • Payment of placement fee, if hired thru an agency • TESDA NC2 requirement, unless required by their employer • OWWA Language and Culture Orientation unless returning to a country with a different language and culture, as determined by OWWA

[1] Referring to HSWs without any previous overseas work experience as a HSW and former HSWs who failed to finish their previous contract as a HSW.

Ban on direct hiring(GBR # 04 series of 2007)

• Prohibits an employer from hiring Filipino workers for overseas employment, except through the boards (POEA) or entities authorized by the Secretary of Labor and Employment, such as;

a) members of the diplomatic corps

b) international organizations

On-Site Remedies(GBR # 07 of 2007)

Remedial Measure for Stronger Protection of OFWs

• Complaints by on-site OFWs pertaining to violations of POEA rules and regulations shall be received by the concerned Philippine Overseas Labor Office (POLO)

• In docketed POEA cases involving complainants or witnesses deployed for work overseas, the POEA Adjudication Office should have all reasonable means to ascertain the facts and information on such cases

Repeal of RA 8042 particularly on phase out of

regulatory functions of POEA(Republic Act 9422)

Section 1. Regulation of Private Sector Participation. – Part IV, Section 7 of the Omnibus Rules are hereby amended as follows:

Section 7. Role of POEA. – The POEA shall continue to regulate private sector participation in the recruitment and overseas placement of workers through its licensing and registration system pursuant to its Rules and Regulations on Overseas Employment.

The POEA shall ensure the imposition of stricter licensing measures to ensure the participation of only private entities that can guarantee the best possible terms and conditions of employment for OFWs. Towards this end, the following shall be undertaken:

a) periodic review of capitalization and escrow deposit/bond requirements to uphold the financial viability of recruitment agencies;

b) rationalization of licensed agencies through reasonable deployment quotas, with emphasis on deployment of skilled workers;

c) a mandatory continuing licensed agency education program that emphasizes the national interest and welfare of OFWs;

d) increase penalties for acts of fraud and misrepresentation committed by licensed agencies in the recruitment and placement of workers;

e) institute a classification and awards system for licensed agencies, based on relevant criteria; and

f) other measures consistent with the above-stated objective, as approved by the POEA Governing Board.

Section 2. POEA Placement Authority. Article IV shall be

amended with the insertion of Sections 7-A, 7-B, and 7-C, as

follows:

Section 2. POEA Placement Authority. Article IV shall be

amended with the insertion of Sections 7-A, 7-B, and 7-C, as

follows:

Section 7-A. POEA Placement Authority. – The POEA shall undertake recruitment and placement of workers to service the requirements for trained and competent Filipino workers for foreign governments and their instruments, and such other employers as public interests may require, based on the following parameters:

(a)that the POEA shall deploy only to countries where the Philippines has concluded bilateral labor agreements or arrangements;

(b)that such countries shall guarantee to protect the rights of Filipino migrant workers; and

(c) that such countries shall observe and comply with international laws and standards for migrant workers.

“Section 7-B. Conclusion of Bilateral Labor Agreements or Arrangements. – In concluding bilateral labor agreements or arrangements with foreign governments, the DOLE and POEA shall observe the following procedures:

a) The composition of the Philippine panel or delegation of negotiators shall be determined by the President upon recommendation of the Secretary of Foreign Affairs and the Secretary of Labor and Employment;

b) The DOLE shall convene a meeting of the panel members prior to the commencement of any negotiations for the purpose of establishing the parameters of the negotiating positions of the panel. No deviation from the agreed parameters shall be made without prior consultations with the members of the negotiating panel;

c) All bilateral labor agreements shall be transmitted by the DOLE to the DFA after their signing, for the preparation of the ratification papers. The transmittal shall include the highlights of the agreement and the benefits which will accrue to the Philippines by virtue of such an agreement; and

d) The DFA, pursuant to the DOLE endorsement, shall transmit the agreement to the President for ratification. The original signed instrument of ratification shall be returned to the DFA for appropriate action.

Section 7-C. Requirements for Negotiations. In addition to the above-stated requirements, bilateral labor agreements or arrangements that require the exercise of POEA placement authority shall be concluded only under the following circumstances:

a) Where government placement was requested and specified by the foreign government employer;

b) Where the government-to-government arrangement is a “goodwill vehicle” for prospective employers endorsed by diplomatic missions or is a result of high-level ministerial meetings;

c) Where new or novel markets or alternative manpower mobilization arrangements on a pilot or experimental basis or for special hiring projects triggered by certain recruitment and exploitative malpractices of recruitment agencies. A special hiring facility provided under this category shall be on a temporary basis and will ultimately be serviced by the private recruitment industry in accordance with the exigencies of the market; or

d) Where the arrangement is a special facility for the government’s emergency employment program and pro-poor regional dispersal of services.”

Section 3. Human Rights Education. – Article VIII shall be amended with the insertion of

Section 14-A, as follows:

“Section 14-A. Human Rights Education. – The POEA shall strengthen its public education program through the inclusion of human rights advocacy in its Pre-Employment Orientation Seminars (PEOS) and other preventive anti-illegal recruitment efforts. Toward this end, the POEA shall ensure coordination with relevant agencies such as the Commission on Human Rights (CHR) as well as national and local law enforcement agencies, and provide technical and educational assistance to local government units for better protection of OFWs through the POEA “Illegal Recruitment-Free LGUs (IR-Free LGUs) Campaign”.

Section 4. Repealing Clause. All Department Orders, Circulars,

and Implementing Rules and Regulations inconsistent with these

amendatory rules are hereby repealed or amended accordingly.