Ryan Suaverdez

1.

Labor Standards

Quiz Notes

What is Recruitment?

Recruitment and placement refers to any act of canvassing, enlisting, contracting, transporting, utilizing,
hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally
or abroad, whether for profit or not: Provided, That any person or entity which, in any manner, offers or promises for a
fee, employment to two or more persons shall be deemed engaged in recruitment and placement.
2.

What is illegal recruitment?

"SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or
advertising for employment abroad, whether for profit or not, when undertaken by non-licensee or non-holder of
authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the
Labor Code of the Philippines: Provided, That any such nonlicensee or non-holder who, in any manner, offers or
promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include
the following acts, whether committed by any person, whether a non-licensee, non-holder, licensee or holder of
authority:
"(a) To charge or accept directly or indirectly any amount greater than that specified in the schedule of
allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay or
acknowledge any amount greater than that actually received by him as a loan or advance;
"(b) To furnish or publish any false notice or information or document in relation to recruitment or employment;
"(c) To give any false notice, testimony, information or document or commit any act of misrepresentation for
the purpose of securing a license or authority under the Labor Code, or for the purpose of documenting hired
workers with the POEA, which include the act of reprocessing workers through a job order that pertains to
nonexistent work, work different from the actual overseas work, or work with a different employer whether
registered or not with the POEA;
"(d) To include or attempt to induce a worker already employed to quit his employment in order to offer him
another unless the transfer is designed to liberate a worker from oppressive terms and conditions of
employment;
"(e) To influence or attempt to influence any person or entity not to employ any worker who has not applied for
employment through his agency or who has formed, joined or supported, or has contacted or is supported by
any union or workers' organization;
"(f) To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the
dignity of the Republic of the Philippines;
"(h) To fail to submit reports on the status of employment, placement vacancies, remittance of foreign
exchange earnings, separation from jobs, departures and such other matters or information as may be
required by the Secretary of Labor and Employment;
"(i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the
Department of Labor and Employment from the time of actual signing thereof by the parties up to and
including the period of the expiration of the same without the approval of the Department of Labor and
Employment;
"(j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board
of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of travel
agency;
"(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial
considerations, or for any other reasons, other than those authorized under the Labor Code and its
implementing rules and regulations;
"(l) Failure to actually deploy a contracted worker without valid reason as determined by the Department of
Labor and Employment;

Ryan Suaverdez

Labor Standards

Quiz Notes

"(m) Failure to reimburse expenses incurred by the worker in connection with his documentation and
processing for purposes of deployment, in cases where the deployment does not actually take place without
the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered an
offense involving economic sabotage; and "
(n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency.
"Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or
more persons individually or as a group.
"In addition to the acts enumerated above, it shall also be unlawful for any person or entity to commit the following
prohibited acts:
"(1) Grant a loan to an overseas Filipino worker with interest exceeding eight percent (8%) per annum,
which will be used for payment of legal and allowable placement fees and make the migrant worker
issue, either personally or through a guarantor or accommodation party, postdated checks in relation to
the said loan;
"(2) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required
to avail of a loan only from specifically designated institutions, entities or persons;
"(3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino worker after the latter's
employment contract has been prematurely terminated through no fault of his or her own;
"(4) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required
to undergo health examinations only from specifically designated medical clinics, institutions, entities or
persons, except in the case of a seafarer whose medical examination cost is shouldered by the
principal/shipowner;
"(5) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required
to undergo training, seminar, instruction or schooling of any kind only from specifically designated
institutions, entities or persons, except for recommendatory trainings mandated by
principals/shipowners where the latter shoulder the cost of such trainings;
"(6) For a suspended recruitment/manning agency to engage in any kind of recruitment activity
including the processing of pending workers' applications; and
"(7) For a recruitment/manning agency or a foreign principal/employer to pass on the overseas Filipino
worker or deduct from his or her salary the payment of the cost of insurance fees, premium or other
insurance related charges, as provided under the compulsory worker's insurance coverage.
"The persons criminally liable for the above offenses are the principals, accomplices and accessories. In case of
juridical persons, the officers having ownership, control, management or direction of their business who are
responsible for the commission of the offense and the responsible employees/agents thereof shall be liable.
"In the filing of cases for illegal recruitment or any of the prohibited acts under this section, the Secretary of Labor and
Employment, the POEA Administrator or their duly authorized representatives, or any aggrieved person may initiate
the corresponding criminal action with the appropriate office. For this purpose, the affidavits and testimonies of
operatives or personnel from the Department of Labor and Employment, POEA and other law enforcement agencies
who witnessed the acts constituting the offense shall be sufficient to prosecute the accused.
"In the prosecution of offenses punishable under this section, the public prosecutors of the Department of Justice
shall collaborate with the anti-illegal recruitment branch of the POEA and, in certain cases, allow the POEA lawyers to
take the lead in the prosecution. The POEA lawyers who act as prosecutors in such cases shall be entitled to receive
additional allowances as may be determined by the POEA Administrator.
"The filing of an offense punishable under this Act shall be without prejudice to the filing of cases punishable under
other existing laws, rules or regulations."
3.

What is the penalty for illegal recruitment?

Ryan Suaverdez

Labor Standards

Quiz Notes

Section 6. Section 7 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"SEC. 7. Penalties. "(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than twelve (12)
years and one (1) day but not more than twenty (20) years and a fine of not less than One million pesos
(P1,000,000.00) nor more than Two million pesos (P2,000,000.00).
"(b) The penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) nor more than
Five million pesos (P5,000,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined
therein.
"Provided, however, That the maximum penalty shall be imposed if the person illegally recruited is less than eighteen
(18) years of age or committed by a non-licensee or non-holder of authority.
"(c) Any person found guilty of any of the prohibited acts shall suffer the penalty of imprisonment of not less than six
(6) years and one (1) day but not more than twelve (12) years and a fine of not less than Five hundred thousand
pesos (P500,000.00) nor more than One million pesos (P1,000,000.00).
"If the offender is an alien, he or she shall, in addition to the penalties herein prescribed, be deported without further
proceedings.
"In every case, conviction shall cause and carry the automatic revocation of the license or registration of the
recruitment/manning agency, lending institutions, training school or medical clinic."
4.

When is illegal recruitment tantamount economic sabotage?

(b) Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense
involving economic sabotage and shall be penalized in accordance with Article 39 hereof.
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons
conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or
scheme defined under the first paragraph hereof. Illegal recruitment is deemed committed in large scale if committed
against three (3) or more persons individually or as a group.
5.

What are the functions of the following agencies?

POEA
Legal Mandate
PD 797 (1982) - promote and develop the overseas employment program protect the rights of migrant workers
EO 247 (1987) - regulate private sector participation in recruitment and overseas placement maintain registry of skills
secure best terms of employment for OFWs
RA 8042 (1995) - tripartism full disclosure deregulation selective deployment dynamism in systems and information
technology
RA 9422 (2007) - reinforced regulatory function protect the rights of OFW as a worker and human being
RA 10022 (2010) - further Improving the standard of protection and promotion of the welfare of migrant workers, their
families and overseas Filipinos in distress

Core Functions
Industry Regulation

Issues license to engage in overseas recruitment and manning to private recruitment agencies and ship
manning companies

Ryan Suaverdez

Labor Standards

Quiz Notes

Hears and arbitrates complaints and cases filed against recruitment and manning agencies, foreign
principals and employers, and overseas workers for reported violation of POEA rules and regulations, except
for money claims
Implements a system of incentives and penalty for private sector participants

Sets minimum labor standards

Monitors overseas job advertisements on print, broadcast and television

Supervises the governments program on anti-illegal recruitment

Imposes disciplinary actions on erring employers and workers and seafarers

Employment Facilitation

Accredits/ registers foreign principals and employers hiring Filipino workers

Approves manpower requests of foreign principals and employers

Evaluates and processes employment contracts

Assists departing workers at the ports of exit

Develops and monitors markets and conducts market research

Conducts marketing missions

Enters into memorandum of understanding on the hiring of Filipino workers with laborreceiving countries

Facilitates the deployment of workers hired through government-to-government arrangement

Provides a system of workers registry

Workers Protection

Intensifies public education and information campaign

Conducts pre-employment orientation and anti-illegal recruitment seminars nationwide

Conducts Pre-Deployment Orientation Seminars (PDOS) to workers hired through the government-togovernment arrangement and name hires

Provides technical assistance in the drafting of bilateral and multilateral agreements

Provides legal assistance to victims of illegal recruitment

Prepares OFW global mapping and profiling

Implements gender-sensitive programs

Ryan Suaverdez

Labor Standards

Networks with non-government organizations, workers organizations, etc.

Provides repatriation assistance

Quiz Notes

General Administration and Support Services

Human Resources Development

Property and Supplies Management

Financial Management

Information and Communication Technology

Plans and Policy Development

Quality Management System

Labor Attache
Labor Code
Art. 21. Foreign service role and participation. To provide ample protection to Filipino workers abroad, the labor
attaches, the labor reporting officers duly designated by the Secretary of Labor and the Philippine diplomatic or
consular officials concerned shall, even without prior instruction or advice from the home office, exercise the power
and duty:
a. To provide all Filipino workers within their jurisdiction assistance on all matters arising out of employment;
b. To insure that Filipino workers are not exploited or discriminated against;
c. To verify and certify as requisite to authentication that the terms and conditions of employment in contracts
involving Filipino workers are in accordance with the Labor Code and rules and regulations of the Overseas
Employment Development Board and National Seamen Board;
d. To make continuing studies or researches and recommendations on the various aspects of the employment market
within their jurisdiction;
e. To gather and analyze information on the employment situation and its probable trends, and to make such
information available; and
f. To perform such other duties as may be required of them from time to time.
Welfare Officer
"(b.2) Overseas Workers Welfare Administration. - The Welfare officer or in his absence, the coordinating officer shall
provide the Filipino migrant worker and his family all the assistance they may need in the enforcement of contractual
obligations by agencies or entities and/or by their principals. In the performance of this function, he shall make
representation and may call on the agencies or entities concerned to conferences or conciliation meetings for the
purpose of settling the compliance or problems brought to his attention. The OWWA shall likewise formulate and
implement welfare programs for overseas Filipino workers and their families while they are abroad and upon their
return. It shall ensure the awareness by the overseas Filipino workers and their families of these programs and other
related governmental programs.
"In the repatriation of workers to be undertaken by OWWA, the latter shall be authorized to pay repatriation-related
expenses, such as fines or penalties, subject to such guidelines as the OWWA Board of Trustees may prescribe."
OUMWA

Ryan Suaverdez

Labor Standards

Quiz Notes

Office of the Undersecretary for Migrant Workers Affairs

Created by R.A. No. 8042, or the Migrant Workers and Overseas Filipinos Act of 1995, The Office of the
Undersecratary for Migrant workers affairs
It aids the Secretary of Foreign Affairs and provides advice on matters relating to the formulation and execution of
Philippine foreign policy relating to the protection of the dignity, fundamental rights and freedoms of Filipino citizens
abroad, while giving particular attention to the protection and promotion of the welfare and dignity of overseas
Filipinos. it is the third pillar of Philippine foreign policy and one of the highest priority concerns of the Secretary of
foreign affairs and the Philippine Foreign Service Posts.
OUMWA works in coordinaiton with various sectors - elected officials, other government agencies, OFWs and their
families, mass media, private organizations, international organizations, NGOs and religious group - to deliver timely
assistance.
6.

What are the prohibited acts in recruitment?

See answer for item number 2.

7.

Innovations and salient changes in R.A. 10032 & 8042

8.

Define the following:

Compassionate Visit
"(g) Compassionate visit. When a migrant worker is hospitalized and has been confined for at least seven (7)
consecutive days, he shall be entitled to a compassionate visit by one (1) family member or a requested individual.
The insurance company shall pay for the transportation cost of the family member or requested individual to the
major airport closest to the place of hospitalization of the worker. It is, however, the responsibility of the family
member or requested individual to meet all visa and travel document requirements;
Overseas Employment Certificate

The Overseas Employment Certificate (OEC) is a requirement under the rules and regulations of the Philippine
Overseas Employment Administration (POEA) to help ensure that overseas Filipino workers (OFWs) are properly
documented and protected.

Ryan Suaverdez

Labor Standards

Quiz Notes

The OEC, sometimes also called the exit pass, is required to be presented to international ports of exit in the
Philippines as proof that the holder is a bona fide OFW. It is thus necessary when a Household Service Worker
(HSW), or any OFW, goes back to the Philippines for home leave, if he/she intends to return back to the country of
employment.

Mandatory Insurance Coverage

It is the policy of the State to provide adequate protection to the overseas Filipino workers (OFWs) by ensuring
coverage under the compulsory insurance requirement in Section 37-A of the Migrant Workers and Overseas
Filipinos Act of 1995, as amended. This mandatory insurance coverage of OFWs is exceptionally different and distinct
from the ordinary and usual insurance contracts provided by insurance providers in the Philippines.

Legal Assistance Fund

Section 18. Section 25 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"SEC. 25. Legal Assistance Fund. - There is herby established a legal assistance fund for migrant workers,
hereinafter referred to as the Legal Assistance Fund, in the amount of one hundred million pesos (P100,000,000.00)
to be constituted from the following sources.
"Fifty million pesos (50,000,000.00) from the Contingency Fund of the President;
"Thirty million pesos (30,000,000.00) from the Contingency Fund of the President Social Fund;
"Twenty million pesos (20,000,000.00) from the Welfare Fund for Overseas Workers established under Letter of
Instructions No. 537 as amended by Presidential Decree Nos. 1694 and 1809; and
"An amount appropriated in the annual General Appropriations Act (GAA) which shall not be less than Thirty million
pesos (30,000,000.00) per year: Provided, that the balance of the Legal Assistance Fund (LAF) including the amount
appropriated for the year shall not be less than One hundred million pesos (P100,000,000.00) : Provided, further,
That the fund shall be treated as a special fund in the National Treasury and its balance, including the amount
appropriated in the GAA, which shall form part of the Fund, shall not revert to the General Fund.
" Any balances of existing funds which have been set aside by the government specifically as legal assistance or
defense fund to help migrant workers shall upon effectivity of this Act, be turned over to, and form part of, the Fund
created under this Act."
National Reintegration Center for Overseas Filipino Workers
Section 10. Section 17 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"SEC. 17. Establishment of National Reintegration Center for Overseas Filipino Workers. -A national reintegration
center for overseas Filipino workers (NRCO) is hereby created in the Department of Labor and Employment for
returning Filipino migrant workers which shall provide a mechanism for their reintegration into the Philippine society,
serve as a promotion house for their local employment, and tap their skills and potentials for national development.
"The Department of Labor and Employment, the Overseas Workers Welfare Administration (OWWA), and the
Philippine Overseas Employment Administration (POEA) shall, within ninety (90) days from the effectivity of this Act,
formulate a program that would motivate migrant workers to plan for productive options such as entry into highly
technical jobs or undertakings, livelihood and entrepreneurial development, better wage employment, and investment
of savings.
"For this purpose, the Technical Education and Skills Development Authority (TESDA), the Technology Livelihood
Resource Center (TLRC), and other government agencies involved in training and livelihood development shall give
priority to returnees who had been employed as domestic helpers and entertainers."