special laws in labor standards

7/24/2019 Special Laws in Labor Standards

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REPUBLIC ACT NO. 8759 February 14, 2000

AN ACT IN STITUTIONALIIN! A NATIONAL FACILITATION SER"ICE NET#OR$

T%ROU!% T%E ESTABLIS%&ENT OF A PUBLIC E&PLO'&ENT SER"ICE OFFICE IN

E"ER' PRO"INCE, $E' CIT' AN( OT%ER STRATE!IC AREAS T%ROU!%OUT T%E

COUNTR'

Be it enacted by the Senate and House of Representatives of the Philippines of Representatives of the

Philippines in Congress assembled:

SECTION 1.Title. This Act shall be known as the "Public Employment Service Office ct of !"""#"

Se)*+- 2.$eclaration of Policy. - It is a declared policy of the State to promote full employment andequality of employment opportunities for all, and for this purpose, to strenthen and e!pand the e!istinemployment facilitation serice machinery of the oernment particularly at the local leels.

Se)*+- .Establishment of the Public Employment Service Office. - To carry out the aboe-declaredpolicy, there shall be established in all capital towns of proinces, key cities and other strateic areas a#ublic $mployment Serice %ffice, hereinafter referred to as "#$S%," which shall be community-basedand maintained larely by local oernment units &'()s* and a number of nonoernmentalorani+ations &(%s* or community-based orani+ations &%s* and state uniersities and collees&S)s*. The #$S%s shall be linked to the reional offices of the /epartment of 'abor and $mployment&/%'$* for coordination and technical superision, and to the /%'$ central office, to constitute thenational employment serice network.

Se)*+- 4.Ob%ectives of the PESO. - In eneral, the #$S% shall ensure the prompt, timely and efficientdeliery of employment serice and proision of information on the other /%'$ prorams.

Specifically, the #$S% shall0

&a* #roide a enue where people could e!plore simultaneously arious employment optionsand actually seek assistance they prefer1

&b* Sere as referral and information center for the arious serices and prorams of /%'$and other oernment aencies present in the area1

&c* #roide clients with adequate information on employment and labor market situation in thearea1 and

&d* etwork with other #$S%s within the reion on employment for 2ob e!chane purposes.

Se)*+- 5.&unctions of the PESO. - The #$S% shall hae the followin functions0

&a* $ncourae employers to submit to the #$S% on a reular basis a list of 2ob acancies intheir respectie establishments in order to facilitate the e!chane of labor market information

between 2ob seekers and employers by proidin employment information serices to 2obseekers, both for local and oerseas employment, and recruitment assistance to employers1

&b* /eelop and administer testin and ealuation instruments for effectie 2ob selection,trainin and counsellin1

&c* #roide persons with entrepreneurship qualities access to the arious lielihood and self-employment prorams offered by both oernment and nonoernmental orani+ations at the

proincial3city3municipal3baranay leels by undertakin referrals for such prorams1

&d* )ndertake employability enhancement trainins3seminars for 2ob seekers, as well as thosewho would like to chane career or enhance their employability1

&e* #roide employment or occupational counsellin, career uidance, mass motiation andalues deelopment actiities1

&f* onduct pre-employment counsellin and orientation to prospectie local and, mostespecially, oerseas workers1

&* #roide reinteration assistance serices to returnin 4ilipino mirant workers1 and

&h* #erform such functions as willfully carry out the ob2ecties of this Act.

Se)*+- /.Other Services of the PESO. - In addition to the functions enumerated in the precedinsection, eery #$S% shall also undertake the followin prorams and actiities0

&a* 5obs 4airs - These shall be conducted periodically all oer the country to brin toether inone enue 2ob seekers and employers for immediate matchin1

&b* 'ielihood and Self-$mployment a+aars - These will ie clients information on the widearray of lielihood prorams they choose to aail of, particularly in the rural areas1

&c* Special redit Assistance for #laced %erseas 6orkers - This type of assistance will enablepoor but qualified applicants to aail of opportunities for oerseas employment1


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&d* Special #roram for $mployment of Students and %ut-of-School 7outh &S#$S%S* - Thisproram shall endeaor to proide employment to deserin students and out-of-school youthcomin from poor families durin summer and3or hristmas acations a s proided for under8epublic Act o. 9:;: and its implementin rules, to enable them to pursue their education1

&e* 6ork Appreciation #roram &6A#* - This proram aims to deelop the alues of workappreciation and ethics by e!posin the youn to actual work situations1

&f* 6orkers


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REPUBLIC ACT NO. 8042

&+ra-* #rer3 a- Oer3ea3 F+6++-3 A)* 1995

An act to institute the policies of oerseas employment and establish a hiher standard of protection andpromotion of the welfare of mirant workers, their families and oerseas 4ilipinos in distress, and forother purposes.

e it enacted by the Senate and


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&b* It is a sinatory to multilateral conentions, declaration or resolutions relatin to the protection ofmirant workers1

&c* It has concluded a bilateral areement or arranement with the oernment protectin the rihts ofoerseas 4ilipino workers1 and

&d* It is takin positie, concrete measures to protect the rihts of mirant workers.

S$. ?. T$8BIATI% %8 A % /$#'%7B$T - otwithstandin the proisions of Section Ehereof, the oernment, in pursuit of the national interest or when public welfare so requires, may, at anytime, terminate or impose a ban on the deployment of mirant workers.

II. I''$(A' 8$8)ITB$T

Sec. =. /$4IITI%S. - 4or purposes of this Act, illeal recruitment shall mean any act of canassin,enlistin, contractin, transportin, utili+in, hirin, procurin workers and includes referrin, contactserices, promisin or adertisin for employment abroad, whether for profit or not, when undertaken

by a non-license or non-holder of authority contemplated under Article D:&f* of #residential /ecree o.EE;, as amended, otherwise known as the 'abor ode of the #hilippines. #roided, that such non-licenseor non-holder, who, in any manner, offers or promises for a fee employment abroad to two or more

persons shall be deemed so enaed. It shall likewise include the followin acts, whether committed byany persons, whether a non-licensee, non-holder, licensee or holder of authority.

&a* To chare or accept directly or indirectly any a mount reater than the specified in the schedule ofallowable fees prescribed by the Secretary of 'abor and $mployment, or to make a worker pay anyamount reater than that actually receied by him as a loan or adance1

&b* To furnish or publish any false notice or information or document in relation to recruitment oremployment1

&c* To ie any false notice, testimony, information or document or commit any act of misrepresentationfor the purpose of securin a license or authority under the 'abor ode1

&d* To induce or attempt to induce a worker already employed to quit his e mployment in order to offerhim another unless the transfer is desined to liberate a worker from oppressie terms and conditions ofemployment1

&e* To influence or attempt to influence any persons or entity not to employ any worker who has notapplied for employment throuh his aency1

&f* To enae in the recruitment of placement of workers in 2obs harmful to public health or morality orto dinity of the 8epublic of the #hilippines1

&* To obstruct or attempt to obstruct inspection by the Secretary of 'abor and $mployment or by hisduly authori+ed representatie1

&h* To fail to submit reports on the status of employment, placement acancies, remittances of foreine!chane earnins, separations from 2obs, departures and such other matters or information as may be

required by the Secretary of 'abor a nd $mployment1

&i* To substitute or alter to the pre2udice of the worker, employment contracts approed and erified bythe /epartment of 'abor and $mployment from the time of actual sinin thereof by the parties up toand includin the period of the e!piration of the same without the approal of the /epartment of 'aborand $mployment1

&2* 4or an officer or aent of a recruitment or placement aency to become an officer or member of theoard of any corporation enaed in trael aency or to be enaed directly on indirectly in themanaement of a trael aency1

&k* To withhold or deny trael documents from applicant workers before departure for monetary orfinancial considerations other than those authori+ed under the 'abor ode and its implementin rulesand reulations1

&l* 4ailure to actually deploy without alid reasons as determined by the /epartment of 'abor and$mployment1 and

&m* 4ailure to reimburse e!penses incurred by the workers in connection with his documentation a ndprocessin for purposes of deployment, in cases where the deployment does not actually take placewithout the workerFs fault. Illeal recruitment when committed by a syndicate or in lare scale shall beconsidered as offense inolin economic sabotae.

Illeal recruitment is deemed committed by a syndicate carried out by a roup of three &:* or morepersons conspirin or confederatin with one another. It is deemed committed in lare scale ifcommitted aainst three &:* or more persons indiidually or as a roup.

The persons criminally liable for the aboe offenses are the principals, accomplices and accessories. Incase of 2uridical persons, the officers hain control, manaement or direction of their business shall be

liable.

S$. 9. #$A'TI$S -


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&a* Any person found uilty of illeal recruitment shall suffer the penalty of imprisonment of not lessthan si! &=* years and one &D* day but not more than twele &D;* years and a fine not less than twohundred thousand pesos @@,@@@.@@* nor more than fie hundred thousand pesos ?@@,@@@.@@*.

&b* The penalty of life imprisonment and a fine of not less than fie hundred thousand pesos?@@,@@@.@@* nor more than one million pesos D,@@@,@@@.@@* shall be imposed if illeal recruitmentconstitutes economic sabotae as defined herein.

#roided, howeer, that the ma!imum penalty shall be imposed if the person illeallyrecruited is less than eihteen &D>* years of ae or committed by a non-licensee or non-holder ofauthority.

S$. >. #8%


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S$. D:. 48$$ '$(A' ASSISTA$, #8$4$8$TIA' $TIT'$B$T )/$8 T


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&a* ounselin and leal serices1

&b* 6elfare assistance includin the procurement of medical and hospitali+ation serices1

&c* Information, adisory and prorams to promote social interation such as post-arrialorientation, settlement and community networkin serices for social interation1

&d* Institute a scheme of reistration of undocumented workers to brin them within thepuriew of this Act. 4or this purpose, the enter is en2oined to compel e!istin undocumented workersto reister with it within si! &=* months from the effectiity of this Act, under pain of hain his3her

passport cancelled1

&e*


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undertake the necessary initiatie such as promotions, acceptance or adherence of countries receiin4ilipino workers to multilateral conention, declaration or resolutions pertainin to the protection ofmirant workersF rihts. The /epartment of 4orein Affairs is also mandated to make an assessment ofrihts and aenues of redress under international and reional human rihts systems that are aailable to4ilipino mirant workers who are ictims of abuse and iolation and, as far as practicable and throuhthe 'eal Assistant for Birant 6orkers Affairs created under this Act, pursue the same on behalf of theictim if it is leally impossible to file indiidual complaints. If a complaints machinery is aailableunder international or reional systems, the /epartment of 4orein Affairs shall fully apprise the4ilipino mirant workers of the e!istence and effectieness of such leal options.

IG. (%G$8B$T A($I$S

S$. ;:. 8%'$ %4 (%G$8B$T A($I$S. - The followin oernment aencies shallperform the followin to promote the welfare and protect the rihts of mirant workers and, as far asapplicable, all oerseas 4ilipinos0

&a* /epartment of 4orein Affairs. - The /epartment, throuh its home office or forein posts,shall take priority action its home office or forein posts, shall take priority action or makerepresentation with the forein authority concerned to protect the rihts of mirant workers and otheroerseas 4ilipinos and e!tend immediate assistance includin the repatriation of distressed or

beleauered mirant workers and other oerseas 4ilipinos1

&b* /epartment of 'abor and $mployment - The /epartment of 'abor and $mployment shall

see to it that labor and social welfare laws in the forein countries are fairly applied to mirant workersand wheneer applicable, to other oerseas 4ilipinos includin the rant of leal assistance and thereferral to proper medical centers or hospitals0

&b.D* #hilippine %erseas $mployment Administration - Sub2ect to dereulation and phase outas proided under Sections ;C and :@ herein, the Administration shall reulate priate sector

participation in the recruitment and oerseas placement of workers by settin up a licensin andreistration system. It shall also formulate a nd implement, in coordination with appropriate entitiesconcerned, when necessary employment of 4ilipino workers takin into consideration their welfare andthe domestic manpower requirements.

&b.;* %erseas 6orkers 6elfare Administration - The 6elfare %fficer or in his absence, thecoordinatin officer shall proide the 4ilipino mirant worker and his family all the assistance they mayneed in the enforcement of contractual obliations by aencies or entities and3or by their principals. Inthe performance of this functions, he shall make representation and may call on the aencies or entities

concerned to conferences or conciliation meetins for the purpose of settlin the complaints or problemsbrouht to his attention.

G. T


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Twenty million pesos @,@@@,@@@.@@* from the 6elfare 4und for %erseas 6orkersestablished under 'etter of Instruction o. ?:9, as amended by #residential /ecree os. D=CE and D>@C.

Any balances of e!istin fund which hae been set aside by the oernment specifically asleal assistance or defense fund to help mirant workers shall, upon effectiity of this Act, to be turnedoer to, and form part of, the 4und created under this Act.

S$. ;=. )S$S %4 T


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&b* 6orkin conditions of 4ilipino mirant workers1

&c* #roblems encountered by the mirant workers, specifically iolations of their rihts1

&d* Initiatie3actions taken by the #hilippine forein posts to address the problems of 4ilipinomirant workers1

&e* hanes in the laws and policies of host countries1 and

&f* Status of neotiations on bilateral labor areements between the #hilippines and the hostcountry.

Any officer of the oernment who fails to report as stated in the preceedin section shall besub2ected to administratie penalty.

S$. :E. 8$#8$S$TATI% I %(8$SS. - #ursuant to Section :&;*, Article GI of theonstitution and in line with the ob2ectie of empowerin oerseas 4ilipinos to participate in the policy-makin process to address 4ilipino mirant c oncerns, two &;* sectoral representaties for mirantworkers in the


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REPUBLIC ACT N. 10022

AN ACT A&EN(IN! REPUBLIC ACT NO. 8042, OT%ER#ISE $NO#N AS T%E &I!RAN T

#OR$ERS AN( O"ERSEAS FILIPINOS ACT OF 1995, AS A&EN(E(, FURT%ER

I&PRO"IN! T%E STAN(AR( OF PROTECTION A N( PRO&OTION OF T%E #ELFARE

OF &I!RANT #OR$ERS, T%EIR FA&ILIES AN( O"ERSEAS FILIPINOS IN (ISTRESS,

AN( FOR OT%ER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Se)*+- 1.#araraphs &a*, &e*, &* and &h* of Section ; of 8epublic Act. o. >@E;, as amended,otherwise known as the "Birant 6orkers and %erseas 4ilipinos Act of DCC?," is hereby amended toread as follows0

"&a* In the pursuit of an independent forein policy and while considerin national soereinty,territorial interity, national interest and the riht to self-determination paramount in its relations withother states, the State shall, at all times, uphold the dinity of its c iti+ens whether in country or oerseas,in eneral, and 4ilipino mirant workers, in particular, continuously monitor international conentions,adopt3be sinatory to and ratify those that uarantee protection to our mirant workers, and endeaor toenter into bilateral areements with countries hostin oerseas 4ilipino workers."

"&e* 4ree access to the courts and quasi-2udicial bodies and adequate leal assistance shall not be deniedto any person by reason of poerty. In this reard, it is imperatie that an effectie mechanism be

instituted to ensure that the rihts and interest of distressed oerseas 4ilipinos, in eneral, and 4ilipinomirant workers, in particular, whether reular3documented or irreular3undocumented, are adequately

protected and safeuarded."

"&* The State reconi+es that the most effectie tool for empowerment is the possession of skills bymirant workers. The oernment shall proide them free and accessible skills deelopment andenhancement prorams. #ursuant to this and as soon as practicable, the oernment shall deploy and3orallow the deployment only of skilled 4ilipino workers."

"&h* The State reconi+es non-oernmental orani+ations, trade unions, workers associations,stakeholders and their similar entities duly reconi+ed as leitimate, are partners of the State in the

protection of 4ilipino mirant workers and in the promotion of their welfare. The State shall cooperatewith them in a spirit of trust and mutual respect. The sinificant contribution of recruitment and manninaencies shall from part this partnership."

Se)*+- 2.Section :, pararaph &a* of 8epublic Act o. >@E;, as amended, is hereby amended to read asfollows0

"&a* "%erseas 4ilipino worker" refers to a person who is to be enaed, is enaed or has been enaedin a remunerated actiity in a state of which he or she is not a citi+en or on board a essel naiatin theforein seas other than a oernment ship used for miliatry or non-commercial purposes or on aninstallation located offshore or on the hih seas1 to be used interchaneably with mirant worker."

Se)*+- .Section E of 8epublic Act o. >@E;, as amended, is hereby amended to rerad as follows0

"S$. E.$eployment of ,igrant -or.ers#- The State shall allow the deployment of oerseas 4ilipino

workers only in countries where the rihts of 4ilipino mirant workers are protected. The oernmentreconi+es any of the followin as a uarantee on the part of the receiin country for the protection ofthe rihts of oerseas 4ilipino workers0

"&a* It has e!istin labor and social laws protectin the rihts of workers, includinmirant workers1

"&b* It is a sinatory to and3or a ratifier of multilateral conentions, declarations orresolutions relatin to the protection of workers, includin mirant workers1 and

"&c* It has concluded a bilateral areement or arranement with the oernment onthe protection of the rihts of oerseas 4ilipino 6orkers0

Provided*That the receiin country is takin positie, concrete measures to protect the rihts ofmirant workers in furtherance of any of the uarantees under subpararaphs &a*, &b* and &c* hereof.

"In the absence of a clear showin that any of the aforementioned uarantees e!ists in the country ofdestination of the mirant workers, no permit for deployment shall be issued by the #hilippine %erseas$mployment Administration %$A*.

"The members of the #%$A (oernin oard who actually oted in faor of an order allowin thedeployment of mirant workers without any of the a forementioned uarantees shall suffer the penaltiesof remoal or dismissal from serice with disqualification to hold any appointie public office for fie&?* years, 4urther, the oernment official or employee responsible for the issuance of the permit or forallowin the deployment of mirant workers in iolation of this section and in direct contraention of anorder by the #%$A (oernin oard prohibitin deployment shall be meted the same penalties in thissection.

"4or this purpose, the /epartment of 4orein Affairs, throuh its forein posts, shall issue a certification

to the #%$A, specifyin therein the pertinent proisions of the receiin countryFs labor3social law, orthe conention3declaration3resolution, or the bilateral areement3arranement which protect the rihts ofmirant workers.


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"The State shall also allow the deployment of oerseas 4ilipino workers to essels naiatin the foreinseas or to installations loca ted offshore or on hih seas whose owners3employers are compliant withinternational laws and standards that protect the rihts of mirant workers.

"The State shall likewise allow the deployment of oerseas 4ilipino workers to companies andcontractors with international operations0 #roided, That they are compliant with standards, conditionsand requirements, as embodied in the employment contracts prescribed by the #%$A and in accordancewith internationally-accepted standards."

Se)*+- 4.Section ? of 8epublic Act o. >@E;, as amended, is hereby amended to read as follows0

"S$. ?. Termination or Ban on $eployment#- otwithstandin the proisions of Section E hereof, inpursuit of the national interest or when public welfare so requires, the #%$A (oernin oard, afterconsultation with the /epartment of 4orein Affairs, may, at any time, terminate or impose a ban on thedeployment of mirant workers."

Se)*+- 5.Section = of 8epublic Act o. >@E;, as amended, is hereby amended to read as follows0

"S$. =.$efinition#- 4or purposes of this Act, illeal recruitment shall mean any act of canassin,enlistin, contractin, transportin, utili+in, hirin, or procurin workers and includes referrin,contract serices, promisin or adertisin for employment abroad, whether for profit or not, whenundertaken by non-licensee or non-holder of authority contemplated under Article D:&f* of #residential/ecree o. EE;, as amended, otherwise known as the 'abor ode of the #hilippines0 #roided, That any

such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad totwo or more persons shall be deemed so enaed. It shall likewise include the followin acts, whethercommitted by any person, whether a non-licensee, non-holder, licensee or holder of authority0

"&a* To chare or accept directly or indirectly any amount reater than that specifiedin the schedule of allowable fees prescribed by the Secretary of 'abor and$mployment, or to make a worker pay or acknowlede any amount reater than thatactually receied by him as a loan or adance1

"&b* To furnish or publish any false notice or information or document in relation torecruitment or employment1

"&c* To ie any false notice, testimony, information or document or commit any actof misrepresentation for the purpose of securin a license or authority under the'abor ode, or for the purpose of documentin hired workers with the #%$A,

which include the act of reprocessin workers throuh a 2ob order that pertains tonone!istent work, work different from the actual oerseas work, or work with adifferent employer whether reistered or not with the #%$A1

"&d* To include or attempt to induce a worker already employed to quit hisemployment in order to offer him another unless the transfer is desined to liberate aworker from oppressie terms and conditions of employment1

"&e* To influence or attempt to influence any person or entity not to employ anyworker who has not applied for employment throuh his a ency or who has formed,

2oined or supported, or has contacted or is supported by any union or workersForani+ation1

"&f* To enae in the recruitment or placement of workers in 2obs harmful to publichealth or morality or to the dinity of the 8epublic of the #hilippines1

"&h* To fail to submit reports on the status of employment, placement acancies,remittance of forein e!chane earnins, separation from 2obs, departures and suchother matters or information as may be required by the Secretary of 'abor and$mployment1

"&i* To substitute or alter to the pre2udice of the worker, employment contractsapproed and erified by the /epartment of 'abor and $mployment from the timeof actual sinin thereof by the parties up to and includin the period of thee!piration of the same without the approal of the /epartment of 'abor and$mployment1

"&2* 4or an officer or aent of a recruitment or placement aency to become anofficer or member of the oard of any corporation enaed in trael aency or to beenaed directly or indirectly in the manaement of trael aency1

"&k* To withhold or deny trael documents from applicant workers before departurefor monetary or financial considerations, or for any other reasons, other than thoseauthori+ed under the 'abor ode and i ts implementin rules and reulations1

"&l* 4ailure to actually deploy a contracted worker without alid reason asdetermined by the /epartment of 'abor and $mployment1

"&m* 4ailure to reimburse e!penses incurred by the worker in connection with hisdocumentation and processin for purposes of deployment, in cases where thedeployment does not actually take place without the workerFs fault. Illealrecruitment when committed by a syndicate or in lare scale shall be considered an

offense inolin economic sabotae1 and

"&n* To allow a non-4ilipino citi+en to head or manae a licensedrecruitment3mannin aency.


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"Illeal recruitment is deemed committed by a syndicate if carried out by a roup of three &:* or morepersons conspirin or confederatin with one another. It is deemed committed in lare scale ifcommitted aainst three &:* or more persons indiidually or as a roup.

"In addition to the acts enumerated aboe, it shall also be unlawful for any person or entity to committhe followin prohibited acts0

"&D* (rant a loan to an oerseas 4ilipino worker with interest e!ceedin eiht

percent &>* per annum, which will be used for payment of leal and allowableplacement fees and make the mirant worker issue, either personally or throuh auarantor or accommodation party, postdated checks in relation to the said loan1

"&;* Impose a compulsory and e!clusie arranement whereby an oerseas 4ilipinoworker is required to aail of a loan only from specifically desinated institutions,entities or persons1

"&:* 8efuse to condone or reneotiate a loan incurred by an oerseas 4 ilipino workerafter the latterFs employment contract has been prematurely terminated throuh nofault of his or her own1

"&E* Impose a compulsory and e!clusie arranement whereby an oerseas 4ilipinoworker is required to undero health e!aminations only from specifically desinatedmedical clinics, institutions, entities or persons, e!cept in the case of a seafarer

whose medical e!amination cost is shouldered by the principal3shipowner1

"&?* Impose a compulsory and e!clusie arranement whereby an oerseas 4ilipinoworker is required to undero trainin, seminar, instruction or schoolin of any kindonly from specifically desinated institutions, entities or persons, e!cept fprrecommendatory trainins mandated by principals3shipowners where the lattershoulder the cost of such trainins1

"&=* 4or a suspended recruitment3mannin aency to e nae in any kind ofrecruitment actiity includin the processin of pendin workersF applications1 and

"&9* 4or a recruitment3mannin aency or a forein principal3employer to pass onthe oerseas 4ilipino worker or deduct from his or her salary the payment of the costof insurance fees, premium or other insurance related chares, as proided under thecompulsory workerFs insurance coerae.

"The persons criminally liable for the a boe offenses are the principals, accomplices and accessories. Incase of 2uridical persons, the officers hain ownership, control, manaement or direction of their

business who are responsible for the commission of the offense and the responsible employees3aentsthereof shall be liable.

"In the filin of cases for illeal recruitment or any of the prohibited acts under this section, theSecretary of 'abor and $mployment, the #%$A Administrator or their duly authori+ed representaties,or any arieed person may initiate the correspondin criminal action with the appropriate office. 4orthis purpose, the affidaits and testimonies of operaties or personnel from the /epartment of 'abor and$mployment, #%$A and other law enforcement aencies who witnessed the acts constitutin the offenseshall be sufficient to prosecute the accused.

"In the prosecution of offenses punishable under this section, the public prosecutors of the /epartmentof 5ustice shall collaborate with the anti-illeal recruitment branch of the #%$A and, in certain cases,allow the #%$A lawyers to take the lead in the prosecution. The #%$A lawyers who act as prosecutorsin such cases shall be entitled to receie additional allowances as may be determined by the #%$AAdministrator.

"The filin of an offense punishable under this Act shall be without pre2udice to the filin of casespunishable under other e!istin laws, rules or reulations."!avvphi!

Se)*+- /.Section 9 of 8epublic Act o. >@E;, as amended, is hereby amended to read as follows0

"S$. 9.Penalties#-

"&a* Any person found uilty of illeal recruitment shall suffer the penalty ofimprisonment of not less than twele &D;* years and one &D* day but not more thantwenty &;@* years and a fine of not less than %ne million pesos D,@@@,@@@.@@* normore than Two million pesos ,@@@,@@@.@@*.

"&b* The penalty of life imprisonment and a fine of not less than Two million pesos,@@@,@@@.@@* nor more than 4ie million pesos ?,@@@,@@@.@@* shall be imposedif illeal recruitment constitutes economic sabotae as defined therein.

"#roided, howeer, That the ma!imum penalty shall be imposed if the personilleally recruited is less than eihteen &D>* years of ae or committed by a non-licensee or non-holder of authority.

"&c* Any person found uilty of any of the prohibited acts shall suffer the penalty of

imprisonment of not less than si! &=* years and one &D* day but not more than twele&D;* years and a fine of not less than 4ie hundred thousand pesos ?@@,@@@.@@* normore than %ne million pesos D,@@@,@@@.@@*.


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"If the offender is an alien, he or she shall, in addition to the penalties herein prescribed, be deportedwithout further proceedins.

"In eery case, coniction shall cause and carry the automatic reocation of the license or reistration ofthe recruitment3mannin aency, lendin institutions, trainin school or medical clinic."

Se)*+- 7.Section D@ of 8epublic Act o. >@E;, as amended, is hereby amended to read as follows0

"S$. D@.,oney Claims#- otwithstandin any proision of law to the contrary, the 'abor Arbiters ofthe ational 'abor 8elations ommission &'8* shall hae the oriinal and e!clusie 2urisdiction tohear and decide, within ninety &C@* calendar days after the filin of the complaint, the claims arisin outof an employer-employee relationship or by irtue of any law or contract inolin 4ilipino workers foroerseas deployment includin claims for actual, moral, e!emplary and other forms of damae.onsistent with this mandate, the '8 shall endeaor to update and keep abreast with thedeelopments in the lobal serices industry.

"The liability of the principal3employer and the recruitment3placement aency for any and all claimsunder this section shall be 2oint and seeral. This proision shall be incorporated in the contract foroerseas employment and shall be a condition precedent for its a pproal. The performance bond to defiled by the recruitment3placement aency, as proided by law, shall be answerable for all money claimsor damaes that may be awarded to the workers. If the recruitment3placement aency is a 2uridical bein,the corporate officers and directors and partners as the case may be, shall themseles be 2ointly andsolidarily liable with the corporation or partnership for t he aforesaid claims and damaes.

"Such liabilities shall continue durin the entire period or duration of the employment contract and shallnot be affected by any substitution, amendment or modification made locally or in a forein country ofthe said contract.

"Any compromise3amicable settlement or oluntary areement on money claims inclusie of damaesunder this section shall be paid within thirty &:@* days from approal of the settlement by the appropriateauthority.

"In case of termination of oerseas employment without 2ust, alid or authori+ed cause as defined by lawor contract, or any unauthori+ed deductions from the mirant workerFs salary, the worker shall beentitled to the full reimbursement if his placement fee and the deductions made with interest at twele

percent &D;* per annum, plus his salaries for the une!pired portion of his employment contract or forthree &:* months for eery year of the une!pired term, whicheer is less.

"In case of a final and e!ecutory 2udement aainst a forein employer3principal, it shall beautomatically disqualified, without further proceedins, from participatin in the #hilippine %erseas$mployment #roram and from recruitin and hirin 4ilipino workers until and unless it fully satisfiesthe 2udement award.

"oncompliance with the mandatory periods for resolutions of case proided under this section shallsub2ect the responsible officials to any or all of the followin penalties0

"&a* The salary of any such official who fails to render his decision or resolutionwithin the prescribed period shall be, or caused to be, withheld until the said officialcomplies therewith1

"&b* Suspension for not more than ninety &C@* days1 or

"&c* /ismissal from the serice with disqualification to hold any appointie publicoffice for fie &?* years.

"Provided* ho/ever*That the penalties herein proided shall be without pre2udice to any liability whichany such official may hae incured under other e!istin laws or rules and reulations as a consequenceof iolatin the proisions of this pararaph."

Se)*+- 8.The first pararaph of Section D: of 8epublic Act o. >@E;, as amended is hereby amendedto read as follows0

"S$. D:.&ree 'egal ssistance0 Preferential Entitlement )nder the -itness Protection Program#- Amechanism for free leal assistance for ictims of illeal recruitment shall be established in the anti-illeal recruitment branch of the #%$A includin its reional offices. Such mechanism shall includecoordination and cooperation with the /epartment of 5ustice, the Interated ar of the #hilippines, andother non-oernmental orani+ations and olunteer roups."

Se)*+- 9.Section D= of 8epublic Act o. >@E;, as amended, is hereby amended to read as follows0

"S$. D=.,andatory Repatriation of )nderage ,igrant -or.ers#- )pon discoery or bein informedof the presence of mirant workers whose aes fall below the minimum ae requirement for oerseasdeployment, the responsible officers in the forein serice shall without delay repatriate said workersand adise the /epartment of 4orein Affairs throuh the fastest means of communication aailable ofsuch discoery and other releant information. The license of a recruitment3mannin aency whichrecruited or deployed an underae mirant worker shall be automatically reoked and shall be imposed afine of not less than 4ie hundred thousand pesos hp ?@@,@@@.@@* but not more than %ne million pesoshp D,@@@,@@@.@@*. All fees pertinent to the processin of papers or documents i n the recruitment ordeployment shall be refunded in full by the responsible recruitment3mannin aency, without need ofnotice, to the underae mirant worker or to his parents or uardian. The refund shall be independent ofand in addition to the indemnification for the damaes sustained by the underae mirant worker. The

refund shall be paid within thirty &:@* days from the date of the mandatory repatriation as proided for inthis Act."

Se)*+- 10.Section D9 of 8epublic Act o. >@E;, as amended, is hereby amended to read as follows0


15/75

"S$. D9.Establishment of +ational Reintegration Center for Overseas &ilipino -or.ers#-A nationalreinteration center for oerseas 4ilipino workers &8%* is hereby created in the /epartment of 'aborand $mployment for returnin 4ilipino mirant workers which shall proide a mechanism for theirreinteration into the #hilippine society, sere as a promotion house for their local employment, and taptheir skills and potentials for national deelopment.

"The /epartment of 'abor and $mployment, the %erseas 6orkers 6elfare Administration &%66A*,and the #hilippine %erseas $mployment Administration %$A* shall, within ninety &C@* days from theeffectiity of this Act, formulate a proram that would motiate mirant workers to plan for productieoptions such as entry into hihly technical 2obs or undertakins, lielihood and e ntrepreneurialdeelopment, better wae employment, and inestment of sains.

"4or this purpose, the Technical $ducation and Skills /eelopment Authority &T$S/A*, the Technoloy'ielihood 8esource enter &T'8*, and other oernment aencies inoled in trainin and lielihooddeelopment shall ie priority to returnees who had been employed as domestic helpers andentertainers."

Se)*+- 11.Section D> of 8epublic Act o. >@E;, as amended is hereby amended to read as follows0

"S$. D>.&unctions of the +ational Reintegration Center for Overseas &ilipino -or.ers#-The entershall proide the followin serices0

"&a* /eelop and support prorams and pro2ects for lielihood, entrepreneurship,

sains, inestments and financial literacy for returnin 4ilipino mirant workersand their families in coordination with releant stakeholders, serice proiders andinternational orani+ations1

"&b* oordinate with appropriate stakeholders, serice proiders and releantinternational orani+ations for the promotion, deelopment and the full utili+ation ofoerseas 4ilipino worker returnees and their potentials1

"&c* Institute, in cooperation with other oernment aencies concerned, a computer-based information system on returnin 4ilipino mirant workers shall be accessibleto all local recruitment aencies and employers, both public and priate1

"&d* #roed a periodic study and assessment of 2ob opportunities for returnin4ilipino mirant workers1

"&e* /eelop and implement other appropriate prorams to promote the welfare ofreturnin 4ilipino mirant workers1

"&f* Baintain an internet-based communication system for on-line reistration andinteraction with clients, and maintain and uprade computer-based sericecapabilities of the 8%1

"&* /eelop capacity-buildin prorams for returnin oerseas 4ilipino workersand their families, implementers, serice proiders, and sta keholders1 and

"&h* onduct research for policy recommendations and proram deelopment."

Se)*+- 12.The second pararaph of Section DC of 8epublic Act o. >@E;, as amended, is herebyamended to read as follows0

"The establishment and operations of the enter shall be a 2oint undertakin of the arious oernmentaencies. The enter shall be open for twenty-four &;E* hours daily includin Saturdays, Sundays andholidays, and shall be staffed by 4orein Serice personnel, serice attaches or officers who representother #hilippine oernment aencies abroad and, if aailable, indiidual olunteers and bona fidenon-oernment orani+ations from the host countries. In countries cateori+ed as hihly problematic by the/epartment of 4orein Affairs and the /epartment of 'abor and $mployment and where there is aconcentration of 4ilipino mirant workers, the oernment must proide a Shariaor human rihtslawyer, a psycholoist and a social worker for the enter. In addition to these personnel, the oernmentmust also hire within the receiin country, in such number as may be nee ded by the post, publicrelation officers or case officers who are conersant, orally and in writin, with the local lanuae, laws,customs and practices. The 'abor Attache shall coordinate the operation of the enter and shall keep the

hief of Bission informed and updated on all matters affectin it."

Se)*+- 1.Section ;@ of 8epublic Act o. >@E;, as amended, is hereby amended to read as follows0

"S$. ;@.Establishment of a Shared (overnment 1nformation System for ,igration#- An interaencycommittee composed of the /epartment of 4orein Affairs and its attached aency, the ommission on4ilipinos %erseas, the /epartment of 'abor and $mployment and its attached concerned aencies, the/epartment of Tourism, the /epartment of 5ustice the ureau of Immiration, the ational ureau ofInestiation, the /epartment of the Interior and 'ocal (oernment, the ational Telecommunicationsommission, the ommission on Information and ommunications Technoloy, the ational omputerenter, the ational Statistical and oordination oard, the ational Statistics %ffice and otheroernment aencies concerned with oerseas employment shall be established to implement a sharedoernment information system for miration. The interaency committee shall initially make aailableto itself the information contained in e!istin data bases3files. The second phase shall inole linkainof computer facilities on order to allow free-flow data e!chanes and sharin amon concernedaencies.

"The inter-aency committee shall be co-chaired by the /epartment of 4orein Affairs and the/epartment of 'abor and $mployment. The ational omputer enter shall proide the necessary


16/75

technical assistance and shall set the appropriate information and communications technoloy standardsto facilitate the sharin of information amon the member aencies.

"The inter-aency committee shall meet reularly to ensure the immediate and full implementation ofthis section and shall e!plore the possibility settin up a central storae facility for the data on miration.The proress of the implementation of this section shall be include in the report to onress of the/epartment of 4orein Affairs and the /epartment of 'abor and $mployment under Section ::.

"The inter-aency committee shall conene to identify e!istin data bases which shall be declassifiedand shared amon member aencies. These shared data bases shall initially include, but not be limitedto, the followin information0

"&a* Basterlists of 4ilipino mirant workers3oerseas 4ilipino classified accordin tooccupation32ob cateory, ciil status, by country3state of destination includin isaclassification1

"&b* Inentory of pendin leal cases inolin 4ilipino mirant workers and other4ilipino nationals, includin those serin prison terms1

"&c* Basterlists of departin3arriin 4ilipinos1

"&d* Statistical profile on 4ilipino mirant workers3oerseas 4ilipinos3tourists1

"&e* lacklisted foreiners3undesirable aliens1

"&f* asic data on leal systems, immiration policies, marriae laws and ciil andcriminal codes in receiin countries particularly those with lare numbers of4ilipinos1

"&* 'ist of 'abor and other human rihts instruments where receiin countries aresinatories1

"&h* A trackin system of past and present ender disareated cases inolinmale and female mirant workers, includin minors1 and

"&i* 'istin of oerseas posts which may render assistance to oerseas 4ilipinos, ineneral, and mirant workers, in particular."

Se)*+- 14.Subpararaph &b.D* of pararaph &b* of Section ;: of 8epublic Act o. >@E;, as amended, ishereby amended to read as follows0

"&b.D* #hilippine %erseas $mployment Administration. - The Administration shall reulate priatesector participation in the recruitment and oerseas placement of workers by settin up a licensin andreistration system. It shall also formulate and implement, in coordination with appropriate entitiesconcerned, when necessary, a system for promotin and monitorin the oerseas employment of 4ilipinoworkers takin into consideration their welfare and the domestic manpower requirements. It shall beresponsible for the reulation and manaement of oerseas employment from the pre-employment stae,securin the best possible employment terms and conditions for oerseas 4ilipino workers, and takininto consideration the needs of ulnerable sectors and the peculiarities of sea-based and land-basedworkers. In appropriate cases, the Administration shall allow the liftin of suspension of errin

recruitment3mannin aencies upon the payment of fine of 4ifty thousand pesos ?@,@@@.@@* for eerymonth of suspension.

"in addition to its powers and functions, the Administration shall inform mirant workers not only oftheir rihts as workers but also of their rihts as human beins, instruct and uide the workers how toassert their rihts and proide the aailable mechanism to redress iolation of their rihts. It shall also beresponsible for the implementation, in partnership with other law-enforcement aencies, of anintensified proram aainst illeal recruitment actiities. 4or this purpose, the #%$A shall proidecomprehensie #re-$mployment %rientation Seminars $%S* that will discuss topics such a s

preention of illeal recruitment and ender-sensitiity.

"The Administration shall not enae in the recruitment and placement of oerseas workers e!cept on aoernment-to-oernment arranement only.

"In the recruitment and placement of workers to serice the requirements for trained and competent

4ilipino workers of forein oernments and their instrumentalitys, and such other employers as publicinterests may require, the Administration shall deploy only to countries where the #hilippine hasconclude bilateral labor areements or arranements0 Provided*That such countries shall uarantee to

protect the rihts of 4ilipino mirant workers1 andProvided* further*That such countries shall obsereand3or comply with the international laws a nd standards for mirant workers."

Se)*+- 15.Sub-pararaph &b.;* of #araraph &b* of Section ;: of 8epublic Act o. >@E;, as amended,is hereby amended to read as follows0

"&b.;* %erseas 6orkers 6elfare Administration. - The 6elfare officer of in his absence, thecoordinatin officer shall proide the 4ilipino mirant worker and his family all the assistance they mayneed in the enforcement of contractual obliations by aencies or entities and3or by their principals. Inthe performance of this function, he shall make representation and may call on the aencies or entitiesconcerned to conferences or conciliation meetins for the purpose of settlin the compliance or

problems brouht to his attention. The %66A shall likewise formulate and implement welfare

prorams for oerseas 4ilipino workers and their families while they are abroad and upon their return. Itshall ensure the awareness by the oerseas 4ilipino workers and their families of these prorams andother related oernmental prorams.


17/75

"In the repatriation of workers to be undertaken by %66A, the latter shall be authori+ed to payrepatriation-related e!penses, such as fines or penalties, sub2ect to such uidelines as the %66A oardof Trustees may prescribe."

Se)*+- 1/.)nder Section ;: of 8epublic Act o. >@E;, as amended, add new pararaphs &c* and &d*with their correspondin subpararaphs to read as follows0

"&c* /epartment of


18/75

"S$. ;?.'egal ssistance &und#- There is herby established a leal assistance fund for mirantworkers, hereinafter referred to as the 'eal Assistance 4und, in the amount of one hundred million

pesos D@@,@@@,@@@.@@* to be constituted from the followin sources.

"4ifty million pesos &?@,@@@,@@@.@@* from the ontinency 4und of the #resident1

"Thirty million pesos &:@,@@@,@@@.@@* from the ontinency 4und of the #resident Social 4und1

"Twenty million pesos &;@,@@@,@@@.@@* from the 6elfare 4und for %erseas 6orkers established under'etter of Instructions o. ?:9 as amended by #residential /ecree os. D=CE and D>@C1 and

"An amount appropriated in the annual (eneral Appropriations Act &(AA* which shall not be less thanThirty million pesos &:@,@@@,@@@.@@* per year0 #roided, that the balance of the 'eal Assistance 4und&'A4* includin the amount appropriated for the year shall not be less than %ne hundred million pesosD@@,@@@,@@@.@@* 0 #roided, further, That the fund shall be treated as a special fund in the ationalTreasury and its balance, includin the amount appropriated in the (AA, which shall form part of the4und, shall not reert to the (eneral 4und.

" Any balances of e!istin funds which hae been set aside by the oernment specifically as lealassistance or defense fund to help mirant workers shall upon effectiity of this Act, be turned oer to,and form part of, the 4und created under this Act."

Se)*+- 19.Section ;= of 8epublic Act o. >@E;, as amended, is hereby amended to read as follows0

"S$. ;=. )ses of the 'egal ssistance &und#- The 'eal Assistance 4und created under the precedinsection shall be used e!clusiely= to proide leal serices to mirant workers and oerseas 4ilipinos indistress in accordance with the uidelines, criteria and procedures promulated in accordance withSection ;E & a * herof. The e!penditures to be chared aainst the 4und shall include the fees for theforein lawyers to be hired by the 'eal Assistant for Birant 6orkers Affairs to represent mirantworkers facin chares or in filin cases aainst errin or abusie employers abroad, bail bonds tosecure the temporary releases and other litiation e!penses0Provided*That at the end of eery year, the/epartment of 4orein Affairs shall include in its report to onress, as proided for under Section ::of this Act, the status of the 'eal Assistance 4und, includin the e!penditures from the said fund dulyaudited by the ommission on Audit &%A*0Provided* further*That the hirin of forein leal counsels,when circumstances warrant urent action, shall be e!empt from the coerae of 8epublic Act o. CD>Eor the (oernment #rocurement Act."

Se)*+- 20.Section :; of 8epublic Act o. >@E;, as amended, is hereby amended to read as follows0

"S$. :;.POE* O-- and other Boards0 dditional ,emberships#- otwithstandin any proisionof law to the c ontrary, the respectie oards of the #%$A and the %66A shall, in addition to their

present composition, hae three &:* members each who shall come from the women, sea-based and land-

based sectors respectiely, to be selected and nominated openly by the eneral membership of the sectorbein represented.

" The selection and nomination of the additional members from the women, sea-based and land-basedsectors shall be oerned by the followin uidelines0

"&a* The #%$A and the %66A shall launch a massie information campain on theselection of nominees and proide for a system of consultatie sessions for the

certified leaders or representaties of the concerned sectors, at least three &:* times,within ninety &C@* days before the boards shall be conened, for purposes ofselection. The process shall be open, democratic and transparent1

"&b* %nly non-oernment orani+ations that protect and promote the rihts andwelfare of oerseas 4ilipino workers, duly reistered with the appropriate #hilippineoernment aency and in ood standin as such, and in e!istence for at least three&:* years prior to the nomination shall be qualified to nominate a representatie foreach sector to the oard1

"&c* The nominee must be at least twenty-fie &;?* years of ae, able to read andwrite, and a mirant worker at the time of his or her nomination or was a mirantworker with at least three &:* years e!perience as such1 and

"&d* A final list of all the nominees selected by the %66A3#%$A oernin boards,

which shall consist of three&:* names for each sector to be represented, shall besubmitted to the #resident and published in a newspaper of eneral circulation1

"6ithin thirty &:@* days from the submission of the list, the #resident shall select and appoint from thelist, the representaties to the #%$A3%66A oernin boards.

"The additional members shall hae a term of three &:* years and shall be eliible for reappointment foranother three &:* years. In case of acancy, the #resident shall in accordance with the proisions of thisAct, appoint a replacement who shall sere the une!pired term of his or her predecessor.

"Any e!ecutie issuances or orders issued that contraene the proisions of this section shall hae noforce and effect.

"All other oernment aencies and oernment-owned or controlled corporations which require at leastone &D* representatie from the oerseas workers sector to their respectie boards shall follow all theapplicable proisions of this section."


19/75

Se)*+- 21.The first and last pararaph of Section :: of 8epublic Act o. >@E;, as amended, is herebyamended to read as follows0

"S$. ::.Report to Congress#- In order to inform the #hilippine onress on the implementation of thepolicy enunciated in Section E hereof, the /epartment of 4orein Affairs and the /epartment of 'aborand $mployment shall submit separately to the said body a semi-annual report of #hilippine forein

posts located in countries hostin 4ilipino mirant workers. The mid-year report coerin the period5anuary to 5une shall be submitted not later than %ctober :D of the same year while the year-end reportcoerin the period 5uly to /ecember shall be submitted not later than Bay :D of the followin year.

The report shall include, but shall not limited to, the followin information0

" ! ! !

" Any officer of the oernment who fails to submit the report as stated in this section shall be sub2ect toan administratie penalty of dismissal from the serice with disqualification to hold any appointie

public office for fie &?* years."

Se)*+- 22.Section :? of 8epublic Act o. >@E;, as amended, is hereby amended to read as follows0

S$. :?.E2emption from Travel Ta2 $ocumentary Stamp and irport &ee#- All laws to the contrarynotwithstandin, the mirant workers shall be e!empt from the payment of trael ta! and airport-feeupon proper showin of proof entitlement by the #%$A.

"The remittances of all oerseas 4ilipino workers, upon showin of the same proof of entitlement by theoerseas 4ilipino workerFs beneficiary or recipient, shall be e!empt from the payment of documentarystamp ta!.

Se)*+- 2.A new Section :9-A. of 8eplublic Act o. >@E;, as amended, is hereby added to read asfollows0

"S$. :9-A. Compulsory 1nsurance Coverage for gency3Hired -or.ers#- In addition to theperformance bond to be filed by the recruitment3mannin aency under Section D@, each mirant workerdeployed by a recruitment3mannin aency shall be coered by a c ompulsory insurance policy whichshall be secured at no cost to the said worker. Such insurance policy shall be effectie for the duration ofthe mirant workerFs employment and shall coer, at the minimum0

"&a* Accidental death, with at least 4ifteen thousand )nited States dollars&)SJD@,@@@.@@* suriorFs benefit payable to the mirant workerFs beneficiaries1

"&c* #ermanent total disablement, with at least Seen thousand fie hundred )nitedStates dollars &)SJ9,?@@.@@* disability benefit payable to the mirant worker. The

followin disabilities shall be deemed permanent0 total, complete loss of siht ofboth eyes1 loss of two&;* limbs at or aboe the ankles or wrists1 permanent completeparalysis of two &;* limbs1 brain in2ury resultin to incurable imbecility or insanity1

"&d* 8epatriation cost of the worker when his3her employment is terminated withoutany alid cause, includin the transport of his or her personal belonins. In case ofdeath, the insurance proider shall arrane a nd pay for the repatriation or return ofthe workerFs remains. The insurance proider shall also render any assistancenecessary in the transport includin, but not limited to, locatin a local licensed

funeral home, mortuary or direct disposition facility to prepare the body fortransport, completin all documentation, obtainin leal clearances, procurinconsular serices, proidin necessary casket or air transport container, as well astransportin the remains includin retrieal from site of death and deliery to thereceiin funeral home1

"&e* Subsistence allowance benefit, with at least %ne hundred )nited States dollars&)SJD@@.@@* #er month for a ma!imum of si! &=* months for a mirant worker whois inoled in a case or litiation for the protection of his3her rihts in the receiincountry1

"&f* Boney claims arisin from employerFs liability which may be awarded or iento the worker in a 2udment or settlement of his or her case in the '8. Theinsurance coerae for money claims shall be equialent to at least three &:* monthsfor eery year of the mirant workerFs employment contract1

"In addition to the aboe coerae, the insurance policy shall also include0

"&* ompassionate isit. 6hen a mirant worker is hospitali+ed and has beenconfined for at least seen &9* consecutie days, he shall be entitled to acompassionate isit by one &D* family member or a requested indiidual. Theinsurance company shall pay for the transportation cost of the family member orrequested indiidual to the ma2or airport closest to the place of hospitali+ation of theworker. It is, howeer, the responsibility of the family member or requestedindiidual to meet all isa and trael document requirements1

"&h* Bedical eacuation. 6hen an adequate medical facility is not aailablepro!imate to the mirant worker, as determined by the insurance companyFsphysician and3or a consultin physician, eacuation under appropriate medicalsuperision by the mode of transport necessary shall be undertaken by the insurance

proider1 and


20/75

"&i* Bedical repatriation. 6hen medically necessary as determined by the attendinphysician, repatriation under medical superision to the mirant workerFs residenceshall be undertaken by the insurance proider at such time that the mirant worker ismedically cleared for trael by commercial carrier. If the period to receie medicalclearance to trael e!ceeds fourteen &DE* days from the date of dischare from thehospital, an alternatie appropriate mode of transportation, such as air ambulance,may be arraned. Bedical and non-medical escorts may be proided whennecessary.

"%nly reputable priate insurance companies duly reistered with the Insurance ommission &I* ,which are in e!istence and operational for at least 4ie hundred million pesos ?@@,@@@,@@@.@@* to bedetermined by the I, and with a current year certificate of authority shall be qualified to proide for theworkerFs insurance coerae. Insurance companies who hae directors, partners, officers, employees oraents with relaties, within the fourth ciil deree of consanuinity or affinity, who work or haeinterest in any of the licensed recruitment3mannin aencies or in any of the oernment aenciesinoled in the oerseas employment proram shall be disqualified from proidin this workersFinsurance coerae.

"The recruitment3mannin aency shall hae the riht to choose from any of the qualified insuranceproiders the company that will insure the mirant worker it will deploy. After procurin such insurancepolicy, the recruitment3mannin aency shall proide an authenticated copy thereof to the mirantworker. It shall then submit the certificate of insurance coerae of the mirant worker to #%$A as arequirement for the issuance of an %erseas $mployment ertificate &%$* to the mirant worker. Inthe case of seafarers who are insured under policies issued by forein insurance companies, the #%$A

shall accept certificates or other proofs of coer from recruitment3mannin aencies0 #roided, That theminimum coerae under sub-pararaphs &a* to &i* are included therein.

"Any person hain a claim upon the policy issued pursuant to subpararaphs &a*, &b*, &c*, &d* and &e* ofthis section shall present to the insurance company concerned a written notice of claim toether with

pertinent supportin documents. The insurance company shall forthwith ascertain the truth and e!tent ofthe claim and make payment within ten &D@* days from the filin of the notice of claim.

"Any claim arisin from accidental death, natural death or disablement under this section shall be paidby the insurance company without any contest and without the necessity of proidin fault or nelienceof any kind on the part of the insured mirant worker0Provided*That the followin documents, dulyauthenticated by the #hilippine forein posts, shall be sufficient eidence to substantiate the claim0

"&D* /eath ertificate - In case of natural or accidental death1

"&;* #olice or Accident 8eport - In case of accidental death1 and

"&:* Bedical ertificate - In case of permanent disablement1

"4or repatriation under subpararaph &d* hereof, a certification which states the reason3s for thetermination of the mirant workerFs employment and the need for his or her repatriation shall be issued

by the #hilippine forein post or the #hilippine %erseas 'abor %ffice %'%* located in the receiincountry.

"4or subsistence allowance benefit under subpararaph &e*, the concerned labor attachK or, in hisabsence, the embassy or consular official shall issue a certification which states the name of the case, thenames of the parties and the nature of the cause of action of the mirant worker.

"4or the payment of money claims under subpararaph &f*, the followin rules shall oern0

"&D* After a decision has become final and e!ecutor or a settlement3compromiseareement has been reached between the parties at the '8, an order shall bereleased mandatin the respondent recruitment3mannin aency to pay the amountad2uded or areed upon within thirty &:@* days1

"&;* The recruitment3mannin aency shall then immediately file a notice of claimwith its insurance proider for the amount of liability insured, attachin therewith acopy of the decision or c ompromise areement1

"&:* 6ithin ten &D@* days from the filin of notice of claim, the insurance companyshall make payment to the recruitment3mannin aency the amount ad2uded orareed upon, or the amount of lia bility insured, whicheer is lower. After receiin

the insurance payment, the recruitment3mannin aency shall immediately pay themirant workerFs claim in full, takin into account that in case the amount ofinsurance coerae is insufficient to satisfy the amount ad2uded or areed upon, itis liable to pay the balance thereof1

"&E* In case the insurance c ompany fails to make payment within ten &D@* days fromthe filin of the claim, the recruitment3 mannin aency shall pay the amountad2uded or areed upon within the remainin days of the thirty &:@*-day period, as

proided in the first subpararaph hereof1

"&?* If the workerFs claim was not se ttled within the aforesaid thirty &:@*-day period,the recruitment3mannin aencyFs performance bond or escrow deposit shall beforthwith arnished to satisfy the mirant workerFs claim1

"&=* The proision of compulsory workerFs insurance under this section shall not

affect the 2oint and solidary liability of the forein employer and therecruitment3mannin aency under Section D@1


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"&9* 'awyers for the insurance companies, unless the latter is impleaded, shall beprohibited to appear before the '8 in money claims cases under this section.

"Any question or dispute in the enforcement of any insurance policy issued under this section shall bebrouht before the I for mediation or ad2udication.

"In case it is shown by substantial eidence before the #%$A that the mirant worker who was deployedby a licensed recruitment3mannin aency has paid for the premium or the cost of the insurance

coerae or that the said insurance coerae was used as basis by the recruitment3mannin aency toclaim any additional fee from the mirant worker, the said licensed recruitment3mannin aency shalllose its license and all its directors, partners, proprietors, officers and employees shall be perpetuallydisqualified from enain in the business of recruitment of oerseas workers. Such penalty is without

pre2udice to any other liability which such persons may hae incurred under e!istin laws, rules orreulations.

"4or mirant workers recruited by the #%$A on a oernment-to-oernment arranement, the #%$Ashall establish a forein employers uarantee fund which shall be answerable to the workersF monetaryclaims arisin from breach of contractual obliations. 4or mirant workers classified as rehires, namehires or direct hires, they may opt to be coered by this insurance coerae by requestin their foreinemployers to pay for the cost of the insurance coerae or they may pay for the premium themseles. To

protect the rihts of these workers, the #%$A shall proide them adequate leal assistance, includinconciliation and mediation serices, whether at home or abroad.

"At the end of eery year, the /epartment of 'abor and $mployment and the I shall 2ointly make anassessment of the performance of all insurance proiders, based upon the report of the '8 and the#%$A on their respectie interactions and e!periences with the insurance companies, and they shallhae the authority to ban or blacklist such insurance companies which are known to be easie or notresponsie to the leitimate cla ims of mirant workers. The /epartment of 'abor and $mployment shallinclude such assessment in its year-end report to onress.

"4or purposes of this section, the /epartment of 'abor and $mployment, I, '8 and the #%$A, inconsultation with the recruitment3mannin aencies and leitimate non-oernment orani+ationsadocatin the rihts and welfare of oerseas 4ilipino workers, shall formulate the necessaryimplementin rules and reulations.

"The foreoin proisions on compulsory insurance coerae shall be sub2ect to automatic reiewthrouh the onressional %ersiht ommittee immediately after three &:* years from the effectiity ofthis Act in order to determine its efficacy in faor of the coered oerseas 4ilipino workers and thecompliance by recruitment3mannin aencies and insurance c ompanies, without pre2udice to an earlier

reiew if necessary and warranted for the purpose of modifyin, amendin and3or repealin thesesub2ect proisions.

Se)*+- 24.A new Section :9- of 8epublic Act o. >@E;, as amended, is hereby added to read asfollows0

"Sec. :9-. Congressional Oversight Committee#- There is hereby created a 5oint onressional%ersiht ommittee composed of fie &?* Senators and fie &?* 8epresentaties to be appointed by theSenate #resident and the Speaker of the


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"The members of the %ersiht ommittee shall not receie additional compensation, allowances oremoluments for serices rendered thereto e!cept traelin, e!traordinary and other necessary e!pensesto attain its oals and ob2ecties.

"The %ersiht ommittee shall e!ist for a period of ten &D@* years from the effectiity of this Act andmay be e!tended by a 2oint concurrent resolution."

Se)*+- 25.1mplementing Rules and Regulations#- The departments and a encies chared with carryinout the proisions of this Act, e!cept as otherwise proided herein, in consultation with the Senateommittee on 'abor and $mployment and the


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O&NIBUS RULES AN( RE!ULATIONS I&PLE&ENTIN! T%E &I!RANT #OR$ERS

AN( O"ERSEAS FILIPINOS ACT OF 1995, AS A&EN(E( B' REPUBLIC ACT N O. 10022

#ursuant to the authority ested by law on the Secretary of 4orein Affairs and the Secretary of 'aborand $mployment, and in the liht of 8epublic Act o. D@@;;, An Act Amendin 8epublic Act o. >@E;,%therwise Hnown as the Birant 6orkers and %erseas 4ilipinos Act of DC?, as amended, 4urtherImproin the Standard of #rotection and #romotion of the 6elfare of Birant 6orkers, Their 4amiliesand %erseas 4ilipinos in /istress, and 4or %ther #urpose, the followin Implementin 8ules and8eulations are hereby promulated0

RULE I

!ENERAL PRO"ISIONS

Se)*+- 1.$eclaration of Policies#

&a* In the pursuit of a n independent forein policy and while considerin national soereinty,territorial interity, national interest and the riht to self-determination paramount in itsrelations with other states, the State shall, at all times, uphold the dinity of its citi+enswhether in the country or oerseas, in eneral, and 4ilipino mirant workers, in particular,continuously monitor international conentions, adopt3be sinatory to and ratify those thatuarantee protection to our mirant workers, and endeaor to enter into bilateral areementswith countries hostin oerseas 4ilipino workers.

&b* The State shall afford full protection to labor, local and oerseas, orani+ed andunorani+ed, and promote full employment and equality of employment opportunities for all.Towards this end, the State shall proide adequate and timely social, economic and lealserices to 4ilipino mirant workers.

&c* 6hile reconi+in the sinificant contribution of 4ilipino mirant workers to the nationaleconomy throuh their forein e!chane remittances, the State does not promote oerseasemployment as a means to sustain economic rowth and achiee national deelopment. Thee!istence of the oerseas employment proram rests solely on the assurance that the dinityand fundamental human rihts and freedoms of the 4ilipino citi+ens shall not, at any time, becompromised or iolated. The State, therefore, shall continuously create local employmentopportunities and promote the equitable distribution of wealth and the benefits ofdeelopment.

&d* The State affirms the fundamental equality before the law of women and men and thesinificant role of women in nation buildin. 8econi+in the contribution of oerseas mirantwomen workers and their particular ulnerabilities, the State shall apply ender sensitiecriteria in the formulation and implementation of policies and prorams affectin mirantworkers and the composition of bodies tasked for the welfare of mirant workers.

&e* 4ree access to the courts and quasi-2udicial bodies and adequate leal assistance shall notbe denied to any person by reason of poerty. In this reard, it is imperatie that an effectiemechanism be instituted to ensure that the rihts and interest of distressed oerseas 4ilipinos,in eneral, and 4ilipino mirant workers, in particular, whether reular3documented orirreular3undocumented, are adequately protected and safeuarded.

&f* The riht of 4ilipino mirant workers and all oerseas 4ilipinos to participate in thedemocratic decision-makin processes of the State and to be represented in institutionsreleant to oerseas employment is reconi+ed and uaranteed.

&* The State reconi+es that the most effectie tool for empowerment is the possession ofskills by mirant workers. The oernment shall e!pand acce ss of qualified mirant workersto free skills deelopment and enhancement prorams throuh scholarships, traininsubsidies3rants of the concerned aencies. #ursuant to this and as soon as practicable, theoernment shall deploy and3or allow the deployment only of skilled 4ilipino workers.

&h* The State reconi+es that non-oernmental orani+ations, trade unions, workersassociations, stakeholders and other similar entities duly reconi+ed as leitimate, are partnersof the State in the protection of 4ilipino mirant workers and in the promotion of their welfare.The State shall cooperate with them in a spirit of trust and mutual respect. The sinificantcontribution of recruitment and mannin aencies shall form part of this partnership.

RULE II

(EFINITION OF TER&S

Se)*+- 1.$efinitions#

&a* Act - refers to the "Birant 6orkers and %erseas 4ilipinos Act of DCC?," as a mended by8epublic Act o. CE;; and 8epublic Act o. D@@;;.

&b* Authority - refers to a document issued by the Secretary of 'abor and $mploymentauthori+in the officers, personnel, aents or representaties of a licensedrecruitment3mannin aency to conduct recruitment and placement actiities in a place statedin the license or in a specified place.

&c* I - ureau of Immiration

&d* ona fide on-(oernment %rani+ations &(%s* - refer to non-oernment, ciil society

or faith-based orani+ations duly reconi+ed by the #hilippine $mbassy as actie partners ofthe #hilippine (oernment in the protection of 4ilipino mirant workers and the promotion oftheir welfare.


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&e* IT - ommission on Information and ommunications Technoloy

&f* ontracted workers - refer to 4ilipino workers with employment contracts alreadyprocessed by the #%$A for oerseas deployment.

&* /4A - /epartment of 4orein Affairs

&h* /I'( - /epartment of Interior and 'ocal (oernment

&i* /irect


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&w* 'icense - refers to the document issued by the Secretary of 'abor and $mploymentauthori+in a person, partnership or corporation to operate a priate recruitment3manninaency.

&!* '() - 'ocal (oernment )nit

&y* Bannin Aency - refers to any person, partnership or corporation duly licensed by theSecretary of 'abor and $mployment to enae in the recruitment and placement of seafarersfor ships plyin international waters and for related maritime actiities.

&+* I- ational ureau of Inestiation

&aa* - ational omputer enter

&bb* '8 - ational 'abor 8elations ommission

&cc* on-licensee - refers to any person, partnership or corporation with no alid license toenae in recruitment and placement of oerseas 4ilipino workers or whose license is reoked,cancelled, terminated, e!pired or otherwise delisted from the roll of licensedrecruitment3mannin aencies reistered with the #%$A.

&dd* 8% - ational 8einteration enter for %erseas 4ilipino 6orkers

&ee* S - ational Statistical and oordination oard

&ff* S% - ational Statistics %ffice

&* T - ational Telecommunications ommission

&hh* %erseas 4ilipinos - refer to mirant workers, other 4ilipino nationals and theirdependents abroad.

&ii* %erseas 4ilipino in distress - refers to an %erseas 4ilipino who has a medical, psycho-social or leal assistance problem requirin treatment, hospitali+ation, counselin, lealrepresentation as specified in 8ule I of these 8ules or any other kind of interention with theauthorities in the country where he or she is found.

&22* %erseas 4ilipino 6orker or Birant 6orker - refers to a person who is to be e naed, isenaed, or has been enaed in a remunerated actiity in a state of which he or she is not aciti+en or on board a essel naiatin the forein seas other than a oernment ship used for

military or non-commercial purposes, or on an installation located offshore or on the hihseas. A "person to be enaed in a remunerated actiity" refers to an applicant worker who has

been promised or assured employment oerseas.

&kk* %66A - %erseas 6orkers 6elfare Administration

&ll* #lacement 4ees- refer to any and all amounts chared by a priate recruitment aency froma worker for its recruitment and placement serices as prescribed by the Secretary of 'aborand $mployment.

&mm* #%$A - #hilippine %erseas $mployment Administration, shall be used interchaneablywith the term "Administration".

&nn* #%'% - #hilippine %erseas 'abor %ffice

&oo* #rincipal - refers to an employer or forein placement aency hirin or enain 4ilipinoworkers for oerseas employment throuh a licensed priate recruitment3mannin aency.

&pp* #riate 8ecruitment3$mployment Aency - refers to any person, partnership orcorporation duly licensed by the Secretary of 'abor and $mployment to enae in therecruitment and placement of workers for oerseas e mployment for a fee which is chared,directly or indirectly, from the workers who renewed their employment contracts with thesame principal.

&qq* 8ehires - refer to land-based workers who renewed t heir employment contracts with thesame principal.

&rr* 8eular3/ocumented 4ilipino Birant 6orkers - 8efer to the followin0

&D* Those who possess alid passports and appropriate isas or permits to stay andwork in the receiin country1 and

&;* Those whose contracts of employment hae been processed by the #%$A, orsubsequently erified and reistered on-site by the #%'%, if required by law orreulation.

&ss* Seafarer - refers to any person who is employed or enaed in oerseas employment in

any capacity on board a ship other than a oernment ship used for military or non-commercial purposes. The definition shall include fishermen, cruise ship personnel and thoseserin on mobile offshore and drillin units in the hih seas.


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&tt* Skilled 4ilipino 6orkers - refer to those who hae obtained an academic deree,qualification, or e!perience, or those who are in possession of an appropriate leel ofcompetence, trainin and certification, for the 2ob they are applyin, as may be determined bythe appropriate oernment aency.

&uu* T$S/A - Technical $ducation and Skills /eelopment Authority

&* )nderae Birant 6orkers - refers to those who are below D> years or below theminimum ae requirement for oerseas employment as determined by the Secretary of 'aborand $mployment.

RULE III

(EPLO'&ENT OF &I!RANT #OR$ERS

Se)*+- 1.(uarantees of ,igrant -or.ers Rights#The State shall allow the deployment of %46s onlyin countries where the rihts of 4ilipino mirant workers are protected. The oernment reconi+es anyof the followin as a uarantee on the part of the receiin country for the protection of the rihts of%46s0

&a* It has e!istin labor and social laws protectin the rihts of workers, includin mirantworkers1 or

&b* It is a sinatory to and3or a of multilateral conentions, declarations or resolutions relatin

to the protection of workers includin mirant workers1 or and

&c* It has concluded a bilateral areement or arranement with the oernment on theprotection of the rihts of oerseas 4ilipino 6orkers1

#roided, that the receiin country is takin positie and concrete measures to protect the rihts ofmirant workers in furtherance of any of the uarantees under subpararaphs &a*, &b*, and &c* hereof.

4Positive and concrete measures4shall include leislatie or e!ecutie initiaties, diplomaticneotiations, 2udicial decisions, prorams, pro2ects, actiities and such other acts by the receiincountry aimed at protectin the rihts of mirant workers.

4or purposes of the precedin pararaphs, the /4A shall issue a certification that a receiin countrycomplies with any of the uarantees under subpararaphs &a*, &b*, and &c* hereof, and that the receiincountry is takin such positie and concrete measures to protect workers, includin mirant workers.The /4A shall issue such certification to the #%$A, specifyin therein the pertinent proisions of thereceiin countryFs labor3social law, or the conention3declaration3resolution, or the bilateral

areement3arranement which protect the rihts of mirant workers. Such a certification shall be sub2ectto reiew by the /4A as often as may be deemed necessary.

The #%$A (oernin oard shall, in a 8esolution, allow only the deployment of %46s to receiincountries which hae been certified by the /4A as compliant with the aboe stated uarantees.

The #%$A shall reister %46s only for receiin countries allowed by the #%$A (oernin oard,sub2ect to e!istin standards on ac creditation of forein employers3principals and qualificationrequirements for workers.

Se)*+- 2.'iability of the ,embers of the POE (overning Board* (overnment Officials andEmployees#The members of the #%$A (oernin oard who actually oted in faor of a 8esolutionallowin the deployment of mirant workers without the /4A certification referred to in the precedinsection shall suffer the penalties of remoal or dismissal from serice with disqualification to hold anyappointie public office for fie &?* years. 4urther, the oernment official or employee responsible forthe issuance of the permit or for allowin the deployment of mirant workers in iolation of this sectionand in direct contraention of a resolution by the #%$A (oernin oard prohibitin deployment shall

be meted the same penalties in this section.

Se)*+- .$eployment of O&-s to Ocean3(oing Ships#

The State shall also allow the deployment of %46s to ships naiatin the forein seas or toinstallations located offshore or on hih seas whose owners3employers are compliant with internationallaws and standards that protect the rihts of mirant workers.

Se)*+- 4.$eployment to Companies and Contractors /ith 1nternational Operations#The State shalllikewise allow the deployment of %46s to companies and contractors with international operations0#roided, That they are compliant with standards, conditions and requirements, as embodied in theemployment contracts prescribed by the #%$A and in accordance with internationally-acceptedstandards.

Se)*+- 5.$eployment of S.illed -or.ers#

As soon as adequate mechanisms for determination of skills are in place and consistent with nationalinterest, the Secretary of 'abor and $mployment shall allow the deployment only of skilled 4ilipinoworkers.

Se)*+- /.Termination or Ban on $eployment#


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otwithstandin the proisions of Sections D and ? of this 8ule, in pursuit of the national interest orwhen public welfare so requires, the # %$A (oernin oard, after consultation with the /4A, may, atany time, terminate or impose a ban on the deployment of mirant workers.

The #%$A (oernin oard may, after consultation with the /4A, rant e!ceptions to the ban or lift theban.

Se)*+- 7.Travel dvisory#

The /4A shall issue trael adisories as the need arises. A "trael adisory" is a notice to the traellinpublic normally for a security reason and based on the preailin peace and order situation in a specificdestination.

Se)*+- 8.'abor Situationer#The #%$A, in consultation with the /4A, shall disseminate information onlabor and employment conditions, miration realities and other facts, as well as adherence of particularcountries to international standards on human and workers rihts which will adequately prepareindiiduals into makin informed and intellient decisions about oerseas employment. The #%$A shall

publish, in a timely manner, such adisory in a newspaper of eneral circulation.

The #%$A may undertake other prorams or resort to other modes of information and disseminationcampains, such as the c onduct of nationwide, comprehensie and sustainable #re-$mployment%rientation Seminars.

RULE I"ILLE!AL RECRUIT&ENT

Se)*+- 1.$efinition#4or purposes of the Act, illeal recruitment shall mean any act of canassin,enlistin, contractin, transportin, utili+in, hirin, or procurin workers and includes referrin,contract serices, promisin or adertisin for employment abroad, whether for profit or not, whenundertaken by a non-licensee or non-holder of authority contemplated under Article D:&f* of #residential/ecree o. EE;, as amended, otherwise known as the 'abor ode of the #hilippines0 #roided, That anysuch non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad totwo or more persons shall be deemed so enaed. It shall likewise include the followin acts, whethercommitted by any person, whether a non-licensee, non-holder, licensee or holder of authority0

&a* To chare or accept directly or indirectly any amount reater than that specified in theschedule of allowable fees prescribed by the Secretary of 'abor and $mployment, or to makea worker pay or acknowlede any amount reater than that actually receied by him as a loan

or adance1

&b* To furnish or publish any false notice or information or document in relation to recruitmentor employment1

&c* To ie any false notice, testimony, information or document or commit any act ofmisrepresentation for the purpose of securin a lic ense or authority under the 'abor ode, orfor the purpose of documentin hired workers with the #%$A, which include the act ofreprocessin workers throuh a 2ob order that pertains to non-e!istent work, work differentfrom the actual oerseas work, or work with a different employer whether reistered or notwith the #%$A1

&d* To induce or attempt to induce a worker already employed to quit his employment in orderto offer him another unless the transfer is desined to liberate a worker from oppressie terms

and conditions of employment1

&e* To influence or attempt to influence any person or entity not to employ a ny worker whohas not applied for employment throuh his aency or who has formed, 2oined or supported, orhas contacted or is supported by any union or workersF orani+ation1

&f* To enae in the recruitment or placement of workers in 2obs harmful to public health ormorality or to the dinity of the 8epublic of the #hilippines1

&* To obstruct or attempt to obstruct inspection by the Secretary of 'abor and $mployment orby his duly authori+ed representatie1

&h* To fail to submit reports on the status of employment, placement acancies, remittance offorein e!chane earnins, separation from 2obs, departures and such other matters orinformation as may be required by the Secretary of 'abor and $mployment1

&i* To substitute or alter to the pre2udice of the worker, employment contracts approed anderified by the /epartment of 'abor and $mployment from the time of actual sinin thereof

by the parties up to and includin the period of the e!piration of the same without the approalof the /epartment of 'abor and $mployment1

&2* 4or an officer or aent of a recruitment or placement aency to become an officer ormember of the oard of any corporation enaed in trael aency or to be enaed directly orindirectly in the manaement of a trael aency1

&k* To withhold or deny trael documents from applicant workers before departure formonetary or financial considerations, or for any other reasons, other than those authori+edunder the 'abor ode and its implementin 8ules and 8eulations1

&l* 4ailure to actually deploy a contracted worker without alid reason as determined by the/epartment of 'abor and $mployment1


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&m* 4ailure to reimburse e!penses incurred by the worker in connection with hisdocumentation and processin for purposes of deployment, in case s where the deploymentdoes not actually take place without the workerFs fault1

special laws in labor standards

Documents