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REVISED RULES AND REGULATIONS GOVERNING e. “Regional Director” – refers to the Regional Director of
RECRUITMENT AND PLACEMENT FOR LOCAL the Regional Office.
EMPLOYMENT
f. “Field Office” refers to the district or provincial offices of
Pursuant to Articles 5, 13, and 25 to 39 of the Labor Code, the Department.
as amended, the following Rules and Regulations Governing
Private Recruitment and Placement for Local Employment
g. “Private employment agency or agency” refers to any
are hereby issued for compliance of all concerned.
person, partnership or corporation engaged in the
recruitment and placement of workers for local employment.
Section 1. Declaration of Policy. – It is the policy of the
Department of Labor and Employment:
It also refers to any individual, partnership, corporation or
entity licensed by the Department of Labor and Employment
a. To recognize the participation of the private sector in the (DOLE) to engage in the recruitment and placement of
recruitment and placement of workers for local employment, Kasambahay for local employment.
to promote equality of employment opportunity and treatment
in access to employment and particular occupations as part
h. “License” refers to a document issued by the Secretary
of the over-all thrust for national development;
through the Regional Director authorizing a person,
partnership or corporation to operate a private employment
b. To promote employment creation as one of the principles agency.
under the decent work agenda;
i. “Authority to operate branch office” refers to a document
c. To ensure compliance with the pertinent provisions of the issued by the Secretary through the Regional Director
Labor Code, as amended, Anti-Trafficking in Persons Act of authorizing a private employment agency to establish and
2003, Anti-Child Labor Laws, and other related laws, rules operate a branch office.
and regulations;
j. “Authority to recruit” refers to a document issued by the
d. To protect every citizen desiring to avail of the services of Secretary through the Regional Director authorizing a person
private employment agencies by ensuring the best possible to conduct recruitment activities for local employment on
terms and conditions of employment; and behalf of a private employment agency.
e. To cooperate with government agencies and duly k. “Representative” refers to a person acting as an agent of
registered non-government organizations in protecting and a private employment agency registered with the Regional
promoting the welfare of Filipino jobseekers. Office and granted Authority to Recruit.
Section 2. Coverage. – These rules shall apply to every l. “Domestic Seafarer” refers to any person who is
person, partnership or corporation intending to engage or employed or engaged to work in any capacity on board ship
engaged in the recruitment and placement for local as defined herein.
employment through an agency.
m. “Ship” refers to a Philippine registered ship or vessel
Persons, partnerships or corporations in the Philippines which navigates within the territorial jurisdiction of the
intending to engage or engaged in the recruitment and Philippines or closely adjacent to, sheltered areas or areas
placement through the electronic medium shall be covered where port regulations apply.
by the applicable provisions of these rules.
n. “Public Employment Service Office or PESO” refers to
The relevant provisions of Republic Act No. 10361 entitled a non-fee charging multi-employment service facility or entity
“An Act Instituting Policies for the Protection and Welfare of established, recognized or accredited pursuant to Republic
Domestic Workers” shall govern the recruitment and Act No. 8759 or the PESO Act of 1999 and its implementing
placement of domestic workers within local employment. rules and regulation.
Section 3. Definition of terms. – The following terms shall o. “Recruit” refers to any Filipino individual promised,
have the meanings indicated hereunder: contracted, or enlisted for employment.
a. “Bureau” refers to the Bureau of Local Employment. p. “Domestic Worker or Kasambahay” refers to any person
engaged in domestic work within an employment
relationship, whether on a live in or live out arrangement,
b. “Department” – refers to the Department of Labor and
such as, but not limited to general househelp, yaya, cook,
Employment.
gardener, or laundry person, but shall exclude service
providers, family drivers, children who are under foster family
c. “Secretary” – refers to the Secretary of the Department of arrangement, or any person who performs domestic work
Labor and Employment.
only occasionally or sporadically and not on occupational Section 5. Disqualification. – The following are not
basis. qualified to engage in the business of recruitment and
placement for local employment:
q. “Recruitment contract” refers to the agreement entered
into between a private employment agency or its a. Those who are convicted of illegal recruitment, trafficking
representative and a recruit stating the terms and conditions in persons, anti-child labor violation, or crimes involving
of the recruitment in a language known and understood by moral turpitude;
the recruit.
b. Those against whom probable cause or prima facie finding
r. “Employment contract” refers to the individual written of guilt for illegal recruitment or other related cases exist
agreement between the employer and the worker stating particularly to owners or directors of agencies who have
clearly the terms and conditions of employment in a committed illegal recruitment or other related cases.
language known and understood by the worker.
c. Those agencies whose licenses have been previously
s. “Service contract” refers to the agreement entered into revoked or cancelled by the Department under Sec. 54 of
between the employer and the private employment agency these rules.
stating clearly the terms and conditions of the service.
d. Cooperatives whether registered or not under the
t. “Service fee” refers to the amount charged by a private Cooperative Act of the Philippines.
employment agency to a local employer as payment for
actual services rendered in relation to the recruitment and
e. Law enforcers and any official and employee of the
placement of workers.
Department of Labor and Employment (DOLE).
w. “Non-license or non-holder of authority” refers to any b. Certified copy of the certificate of business registration
person, partnership or corporation who has not been issued and copy of the original application obtained from the
a license or authority to recruit, or whose license or authority Department of Trade and Industry (DTI) in the case of single
to recruit has been revoked or cancelled by the Regional proprietorship; or a certified copy of the Articles of
Director. Partnership or Incorporation duly registered with the
Securities and Exchange Commission (SEC), in the case of
a partnership or a corporation;
Section 4. Qualifications. – The applicant for a license to
operate a private employment agency must possess the
following: c. Documentary proof of ownership or lease of an office
space with a floor area of at least fifty (50) square meters for
the exclusive use of the agency. In case of lease, the
a. Filipino citizens for single proprietorship and seventy five
contract must be for a period of one (1) year with an option
percent (75%) of the authorized capital stock is owned and
for renewal;
controlled by Filipino citizens for partnership and corporation.
3. not collect any fees whatsoever from the applicants; Section 11. Posting of bonds and payment of license
fee. – Upon approval of application, the applicant shall pay a
license fee of P15,000.00. It shall also post a cash bond in
4. assume full responsibility for all acts of its officers,
the amount of P50,000.00 and surety bond in the sum of
employees and representatives in connection with
P100,000.00.
recruitment and placement activities;
The bond shall answer for all valid and legal claims arising
f. Designate an Office Manager and an Office Secretary or
from the use of license. It shall likewise guarantee
Clerk who must be knowledgeable in the preparation and
compliance with the provisions of the Labor Code, its
review of documents, and
implementing riles and relevant issuances of the Department
on recruitment and placement.
g. List of representatives who must be at least college level
and/or with relevant training or experience in the recruitment
Section 12. Validity of the license. – The license shall be
industry; and;
valid for period of three (3) years from the date of issuance
unless sooner revoked or cancelled.
h. Certificate of participation/attendance of agency’s
management representative to a pre-application seminar.
Section 13. Renewal of the license. – An application for
renewal of license must be filed not earlier than sixty (60)
An agency duly licensed to recruit and place workers for days but not later than thirty (30) days before its expiration.
overseas employment intending to engage in local The validity of the renewal license shall start on the date of
recruitment and placement must apply for a separate expiration of the previous license
license.
The filing of such application after the lapse of the prescribed
Section 7. Pre-Application Seminar. – The owner, period shall be subject to penalties as provided for in these
partners, president, general managers or agency’s rules.
management representative must attend a pre-application
seminar conducted by the Regional/Field Offices prior to the
The application for renewal must be accompanied with the
filing of the application for license.
requirements provided under section 6 together with copies
of placement reports.
These rules shall be the subject of the seminar with
emphasis on the requirements for application, Anti-
Section 14. Display of license and organizational
Trafficking in Person Act of 2003, Anti-Child Labor Laws,
structure. – The original license and the organizational
illegal recruitment, and other prohibited practices with the
structure of the agency with corresponding 2×2 size
corresponding penalties, including labor market information.
photographs of the officers, personnel, and representative/s
The Bureau shall formulate the module for the pre-
must be conspicuously and permanently displayed within the
application seminar.
office premises of the agency.
The regional Office may deny the acknowledgement of the a. Within two (2) days from the receipt of complete
new officers and personnel for non-compliance with the documents, the Regional Director shall deny or approve the
requirements. application;
Change in the entire partnership of the Board of Directors b. Upon approval of the application, the applicant shall pay to
shall cause the revocation of the license. the Regional Office a registration fee of P2,000.00.
Section 18. Change of address. – An agency intending to Section 22. Validity of the authority to recruit. – The
transfer to a new place of business shall notify the Regional authority to recruit is co-terminus with the validity of the
Office that issued the license within fifteen (15) days prior to license unless such license or authority is revoked or
the intended date of transfer. cancelled for violation of the Labor Code, as amended and
other related laws, rules and regulations.
In case of transfer to another region and within fifteen (15)
days prior to the date of transfer, the agency shall: Section 23. Renewal of authority to recruit. – An
application for renewal of authority to recruit shall be filed not
earlier than sixty (60) days but not later than five (5) days
a. Secure a clearance of no pending case from the issuing
before the date of its expiration. The validity of the renewed
Regional Office;
authority to recruit shall be effective on the expiration date of
the previous authority.
b. Notify the Regional Office which has jurisdiction over the
new place of business;
The filing of such application after the expiration of the
prescribed period shall be subject to penalties as provided
c. Submit to the receiving Regional Office a clearance of no for in these rules.
pending case, location map of the new office and a copy of
the contract of lease or certificate of ownership; and
The agency or its representative shall submit a copy of the
existing authority to recruit together with the requirements
d. Publish the new address for two (2) consecutive weeks in specified in Section 20 of these rules.
a newspaper of general circulation.
Section 24. Termination of authority to recruit. – The
The receiving Regional Office must conduct an ocular authority to recruit is revoked upon the issuance of an Order
inspection of the agency’s new office to ensure compliance of its cancellation or revocation by the concerned Regional
with requirements. Office.
Section 19. Authority to recruit. – The authority to recruit Any existing authority to recruit shall be deemed cancelled
may be issued together with the license by the concerned upon the issuance of an authority to recruit for another
Regional/Field Office. Such authority to recruit shall be valid Agency.
nationwide.
The agency shall publish in a newspaper of general
Section 20. Requirements. – For the issuance of an circulation once for two (2) consecutive weeks the names
authority to recruit, the applicant/ agency must submit the and pictures of representatives whose authority have been
following requirements: revoked or terminated furnishing the Regional Office proof of
such publication.
a. Letter request by agency;
The Regional Office shall keep a record of the authorities
issued, revoked or terminated and provide the Bureau a
b. Certification under oath by the agency or an agreement
copy thereof.
between the agency and the representative or a special
power of attorney stipulating details of the proposed
recruitment activities; Section 25. Establishment of a branch office. – An
agency intending to operate a branch office must apply for
an authority to operate branch office with the Regional Office
c. NBI clearance and bi-data of the representative with one
having jurisdiction over the place where the branch office is
recent passport-size picture;
located.
b. Certified copy of a valid license; c. Conviction of crime involving illegal recruitment, trafficking
in persons or violation of anti-child labor laws or crimes
involving moral turpitude by the applicant, any of its officers
c. Organizational structure of the branch office, including
or authorized representatives; or
duly notarized appointments;
The filing of such application after expiration of the An agency may charge the following:
prescribed period shall be subject to penalties as provided
for in these rules.
1. Service fee. – An agency may charge the employers a
service fee as may be agreed upon by the agency and the
The agency shall submit copy of existing authority to operate employer. In no care shall the service fee be deducted from
branch office together with the requirements specified in the worker’s salary.
Section 26 of these rules.
2. Transportation expenses. – The transportation expenses
Section 31. Grounds for denial of application. – The for the transfer of the worker from the place of residence to
application for new license or its renewal thereof, authority to the place of work shall be charged to the employer, and shall
recruit and authority to operate branch office, may be denied in no case be deducted from the worker’s salary.
on any the following grounds:
Section 36. Issuance of official receipt. – All payments or c. Conduct an interview after evaluating the documents
fees made to or collected by an agency shall be evidenced submitted by the applicant/s. Explain the recruitment contract
by an official receipt indicating the amount paid and the and determine if they are fit, capable and willing to work.
purpose of such payment.
d. Submit to the Regional Office where the recruitment was
Section 37. Replacement of worker without cost. – An undertaken a duly executed and notarized recruitment
employer shall be entitled to a replacement of a worker contract between the agency and the recruit.
without additional cost or a refund of 75% of the service fee
and transportation expenses subject to the following
e. Request the Regional/Field Office or the PESO or
conditions:
organization duly accredited by the Department in the area
of origin to conduct a pre-departure orientation to the
a. If the worker is certified by a competent/government recruits.
physician to be suffering from a medical or mental illness
within one (1) month from the first day of work rendering him
f. Submit a list of the names and addresses of its recruits,
incapable of discharging the minimum requirements of the
together with a copy of documents specified in procedure (b)
job; or
above to the Regional Office or the appropriate Field Office
where recruitment process was undertaken for appropriate
b. If the worker abandons the job, voluntarily resigns, authentication and validation.
commits theft or any other acts prejudicial to the employer or
his family within three (3) months from the first day of his
g. Request the concerned Regional/Field Office of origin for
work.
a certification that the recruitment activity is in accordance
with these rules, and furnish a copy thereof the PESO/ Local
If the request for a preplacement is beyond the Government Unit concerned, the Regional Office, Marine
abovementioned periods, the employer shall pay an Police/Coast Guard/ Philippine National Police, Philippine
additional service fee as agreed by both parties. Ports Authority/ Air Transportation Office, having jurisdiction
over the place of destination, as the case may be.
Section 38. Refund of service fee. – The employer is
entitled to a refund of seventy five (75%) percent of the Section 41. Placement procedures. – The following
service fee if the agency failed to provide a replacement of procedures shall be followed by the agency in the placement
worker based on any grounds enumerated in the preceding of the recruits:
section after the lapse of one (1) month from receipt of the
request unless the parties agreed on a longer period.
a. Upon arrival of the recruits at the place of destination and
while waiting for the actual placement, the agency or its
Section 39. Forfeiture of rights. – The employer is deemed authorized representative must provide free, convenient and
to have forfeited his right for a replacement of the worker separate housing accommodation for men and women.
without cost or a refund of the service fee, if he failed to avail
of the same within thirty (30) days after the lapse of one (1)
b. The agency shall bring the recruit to the prospective
month or three (3) months as the case may be, as provided
employer as per job order (job vacancies) and shall arrange
in Section 37 unless otherwise agreed by the parties.
for an interview between the employer and the recruit within
three (3) days upon arrival.
Section 40. Recruitment procedures. – The owner or
authorized representative of the agency must abide by the
c. The agency shall prepare the employment contract based
following procedures:
on Standard Employment Contract stating the terms and
conditions of employment including among others, the
a. Present a copy of a valid license, the authority to recruit monthly salary and mode of payment, nature of work,
and notarized job order to the Public Employment Service benefits mandated by law and other benefits mutually agreed
Office (PESO) and Barangay Office where the recruitment by both parties.
activity is to be undertaken;
d. Prior to placement, the agency shall provide Pre-
b. Require the recruit to submit a copy of the following: Employment Orientation (PEO), on such matters as the
rights and responsibilities of the workers, obligation of
employers, grievance mechanism, location/ address and
1. Bio data or comprehensive resume;
contact details fo the agency and information on other
possible support groups. The Bureau shall formulate the
2. Birth certificate from the Local Civil Registrar or National appropriate module of the PEO to be adopted by the agency.
Statistics Office;
e. In the case of domestic workers,
3. Original medical certificate issued by a government
physician or by a reputable private medical practitioner; and
1. The agency shall require the employer to submit
clearance from the Barangay Office and the National Bureau
4. Original barangay clearance issued by the Barangay of Investigation or Philippine National Police;
Chairman who has jurisdiction over the place of residence of
the recruit.
2. The agency shall inform the family of the recruit, the
name, address and contact number of the employer.
3. The agency shall register the domestic worker with the c. Special operations such as surveillance of persons and
Barangay Office nearest the place of work. entities allegedly engaged in illegal recruitment activities;
and
Section 42. Acts constituting illegal recruitment. – Illegal
recruitment shall mean any act of canvassing, enlisting, d. Information and education campaign.
contracting, utilizing, hiring or procuring workers and
includes referrals, contract services, promising or advertising
Whenever necessary, the Department shall coordinate with
for local employment, whether for profit or not, when
other appropriate agencies/entities in the implementation of
undertaken by a non-licensee or non-holder of authority;
said programs.
provided, that any such non-licensee or non-holder of
authority; provided, that any such non-licensee or non-holder
of authority who, in any manner, offer or promises for a free Section 44. Legal assistance. – The department may
employment to two or more persons shall be deemed so provide free legal assistance to victims of illegal recruitment
engaged. and related cases including but not limited to, legal advice,
assistance in the preparation of complaints and supporting
documents, institution of criminal actions whenever
The following acts shall be unlawful when committed by any
necessary, provide counselling during preliminary
person whether or not a holder of a license or authority:
investigation and hearings.
c. To give any false notice, testimony, information or Section 46. Surveillance. – The Regional Director or his
document or commit any act of misrepresentation for the duly authorized representative, may motu proprio, conduct
purpose of securing a license or authority; surveillance on reported illegal recruitment activities.
d. To induce or attempt to induce a worker already employed Where the complaint/ report alleges that illegal recruitment
to quit his employment in order to offer him another unless activities are continuously committed, the Regional Director
the transfer is designed to liberate a worker from oppressive or his duly authorized representative shall conduct
terms and conditions of employment; surveillance and if such activities are confirmed, a closure
order may be issued thereof by the Regional Director or
Field Officer.
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; If sufficient basis for criminal action is found, the case shall
be immediately indorsed to the appropriate office.
f. To engage in the recruitment or placement of workers in
jobs harmful to public health or morality or to the dignity of Section 47. Issuance of cease and desist order. – The
the Republic of the Philippines; Regional Director or his duly authorized representatives shall
conduct a preliminary examination to determine whether the
activities of a non-licensee constitute a danger to life, limb,
g. To obstruct or attempt to obstruct inspection by the
property or public order or will lead to further exploitation of
Secretary or by his/her duly authorized representatives;
job seekers.