I.
INTRODUCTION
A. WHY A SEPARATE LAW ON LABOR? ( CC ART. 1700-1712)
SECTION 2. - Contract of Labor (n)
Art. 1700. The relations between capital and labor are not merely contractual.
They are so impressed with public interest that labor contracts must yield to the
common good. Therefore, such contracts are subject to the special laws on
labor unions, collective bargaining, strikes and lockouts, closed shop, wages,
working conditions, hours of labor and similar subjects.
Art. 1701. Neither capital nor labor shall act oppressively against the other, or
impair the interest or convenience of the public.
Art. 1702. In case of doubt, all labor legislation and all labor contracts shall be
construed in favor of the safety and decent living for the laborer.
Art. 1703. No contract which practically amounts to involuntary servitude, under
any guise whatsoever, shall be valid.
Art. 1704. In collective bargaining, the labor union or members of the board or
committee signing the contract shall be liable for non-fulfillment thereof.
Art. 1705. The laborer's wages shall be paid in legal currency.
Art. 1706. Withholding of the wages, except for a debt due, shall not be made
by the employer.
Art. 1707. The laborer's wages shall be a lien on the goods manufactured or
the work done.
Art. 1708. The laborer's wages shall not be subject to execution or attachment,
except for debts incurred for food, shelter, clothing and medical attendance.
Art. 1709. The employer shall neither seize nor retain any tool or other articles
belonging to the laborer.
Art. 1710. Dismissal of laborers shall be subject to the supervision of the
Government, under special laws
Art. 1711. Owners of enterprises and other employers are obliged to pay
compensation for the death of or injuries to their laborers, workmen, mechanics
or other employees, even though the event may have been purely accidental or
entirely due to a fortuitous cause, if the death or personal injury arose out of
and in the course of the employment. The employer is also liable for
compensation if the employee contracts any illness or disease caused by such
employment or as the result of the nature of the employment. If the mishap was
due to the employee's own notorious negligence, or voluntary act, or
drunkenness, the employer shall not be liable for compensation. When the
employee's lack of due care contributed to his death or injury, the
compensation shall be equitably reduced.
Art. 1712. If the death or injury is due to the negligence of a fellow worker, the
latter and the employer shall be solidarily liable for compensation. If afellow
worker's intentional malicious act is the only cause of the death or injury, the
employer shall not be answerable, unless it should be shown that the latter did
not exercise due diligence in the selection or supervision of the plaintiff's fellow
worker.
B. FROM WHAT LEGAL INSTRUMENTS DO WE FIND THE STATE
POLICIES ON LABOR?
1. 1987 CONSTITUTION ART. XIII SEC 3
LABOR
Section 3. The State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and equality of
employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective
bargaining and negotiations, and peaceful concerted activities, including
the right to strike in accordance with law. They shall be entitled to security
of tenure, humane conditions of work, and a living wage. They shall also
participate in policy and decision-making processes affecting their rights
and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between
workers and employers and the preferential use of voluntary modes in
settling disputes, including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers,
recognizing the right of labor to its just share in the fruits of production and
the right of enterprises to reasonable returns to investments, and to
expansion and growth.
2. OTHER RELATED CONSTITUTIONAL PROVISIONS
1|Page
 3. LABOR CODE – ART 3
Article 3. Declaration of basic policy. The State shall afford protection to
labor, promote full employment, ensure equal work opportunities
regardless of sex, race or creed and regulate the relations between
workers and employers. The State shall assure the rights of workers to
self-organization, collective bargaining, security of tenure, and just and
humane conditions of work
C. LABOR LAW AND SOCIAL LEGISLATION
Social Legislation are those laws that provide particular kinds of protection
or benefits to society or segments thereof in furtherance of social justice. In
that sense, labor laws are necessarily social legislation.
Labor laws directly affect employment while social legislation governs
effects of employment.
D. IMPLEMENTING MECHANISM: THE DEPARTMENT OF LABOR AND
EMPLOYMENT FAMILY
E. HOW LABOR LAWS SHOULD BE INTERPRETED? (ART 4)
Article 4. Construction in favor of labor. All doubts in the implementation
and interpretation of the provisions of this Code, including its implementing
rules and regulations, shall be resolved in favor of labor.
F. DELEGATED LEGISLATIVE AUTHORITY (ART 5)
Article 5. Rules and regulations. The Department of Labor and other
government agencies charged with the administration and enforcement of
this Code or any of its parts shall promulgate the necessary implementing
rules and regulations. Such rules and regulations shall become effective
fifteen (15) days after announcement of their adoption in newspapers of
general circulation.
G. WHO ARE PROTECTED BY THE LABOR CODE? (ART 6)
Article 6. Applicability. All rights and benefits granted to workers under this
Code shall, except as may otherwise be provided herein, apply alike to all
workers, whether agricultural or non-agricultural. (As amended by
Presidential Decree No. 570-A, November 1, 1974)
II. HUMAN RESOURCE DEVELOPMENT (BOOK II, HRD) RA 7796
A. COUNTRY’S POLICIES RELATIVE TO TECHNICAL EDUCATION?
(SEC.2)
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the
State to provide relevant, accessible, high quality and efficient technical
education and skills development in support of the development of high
quality Filipino middle-level manpower responsive to and in accordance
with Philippine development goals and priorities.
The State shall encourage active participation of various concerned
sectors, particularly private enterprises, being direct participants in and
immediate beneficiaries of a trained and skilled work force, in providing
technical education and skills development opportunities.
B. COUNTRY’S GOALS AND OBJECTIVES ON TECHNICAL EDUCATION?
(SEC. 3)
SECTION 3. Statement of Goals and Objectives. — It is the goal and
objective of this Act to:
a) Promote and strengthen the quality of technical education and skills
development programs to attain international competitiveness.
b) Focus technical education and skills development on meeting the
changing demands for quality middle-level manpower;
c) Encourage critical and creative thinking by disseminating the scientific
and technical knowledge base of middle-level manpower development
programs;
d) Recognize and encourage the complementary roles of public and
private institutions in technical education and skills development and
training systems; and
e) Inculcate desirable values through the development of moral character
with emphasis on work ethic, self-discipline, self-reliance and nationalism.
C. IMPORTANT TERMS (SEC. 4)
SECTION 4. Definition of Terms. — As used in this Act:
a) “Skill” shall mean the acquired and practiced ability to carry out a task or job;
b) “Skills Development” shall mean the process through which learners and
workers are systematically provided with learning opportunities to acquire or
upgrade, or both, their ability, knowledge and behavior pattern required as
qualifications for a job or range of jobs in a given occupational area;
c) “Technical Education” shall refer to the education process designed at post-
secondary and lower tertiary levels, officially recognized as non-degree
programs aimed at preparing technicians, para-professionals and other
categories of middle-level workers by providing them with a broad range of
general education, theoretical, scientific and technological studies, and related
job skills training;
2|Page
d) “Trade” shall mean any group of interrelated jobs or any occupation which is
traditionally or officially recognized as craft or artisan in nature requiring
specific qualifications that can be acquired through work experience and/or
training;
e) “Middle-Level Manpower” refers to those :
1) who have acquired practical skills and knowledge through formal or non-
formal education and training equivalent to at least a secondary education
but preferably a post-secondary education with a corresponding degree or
diploma; or
2) skilled workers who have become highly competent in their trade or craft
as attested by industry.
f) “Private Enterprises” refers to an economic system under which property of
all kinds can be privately owned and in which individuals, alone or in
association with another, can embark on a business activity. This includes
industrial, agricultural, or agro-industrial establishments engaged in the
production, manufacturing, processing, repacking or assembly of goods
including service-oriented enterprises;
g) “Trainers” shall mean persons who direct the practice of skills towards
immediate improvement in some task;
h) “Trainors/trainers” shall mean persons who provide training to trainers aimed
at developing the latter’s capacities for imparting attitudes, knowledge, skills
and behavior patterns required for specific jobs, tasks, occupations or group of
related occupations;
i) “Trainees” shall mean persons who are participants in a vocational,
administrative or technical training program for the purpose of acquiring and
developing job-related skills;
j) “Apprenticeship” training within employment with compulsory related
theoretical instructions involving a contract between an apprentice and an
employer on an approved apprenticeable occupation;
k) “Apprentice” is a person undergoing training for an approved apprenticeable
occupation during an established period assured by an apprenticeship
agreement;
l) “Apprenticeship Agreement” is a contract wherein a prospective employer
binds himself to train the apprentice who in turn accepts the terms of training
for a recognized apprenticeable occupation emphasizing the rights, duties and
responsibilities of each party;
m) “Apprenticeable Occupation” is an occupation officially endorsed by a
tripartite body and approved for apprenticeship by the Authority;
n) “Learners” refer to persons hired as trainees in semi-skilled and other
industrial occupations which are non-apprenticeable. Learnership programs
must be approved by the Authority.
o) “User-Led” or “Market-Driven Strategy” refers to a strategy which promotes
strengthened linkages between educational/training institutions and industry to
ensure that appropriate skills and knowledge are provided by the educational
system;
p) “Dual System/Training” refers to a delivery of quality technical and
vocational education which requires training to be carried out alternatively in
two venues: In school and in the production plant. In-school training provides
the trainee the theoretical foundation, basic training, guidance and human
formation, while in-plant training develops his skills and proficiency in actual
work conditions as it continues to inculcate personal discipline and work
values;
q) “Levy Grant System” refers to a legal contribution from participating
employers who would be beneficiaries of the program (often as a percentage of
the payroll) which is subsequently turned over or rebated to enterprises offering
employee training programs.
D. IMPLEMENTING STRUCTURES (SEC. 5-9, 11-16, 19-20, 26, ART. 47, SEC.
22, 28-30)
(SEC. 5-9)
SECTION 5. Technical Education and Skills Development Authority; Creation. — To
implement the policy declared in this Act, there is hereby created a Technical
Education and Skills Development Authority (TESDA), hereinafter referred to as the
Authority, which shall replace and absorb the National Manpower and Youth
Council (NMYC), the Bureau of Technical and Vocational Education (BTVE) and
the personnel and functions pertaining to technical-vocational education in the
regional offices of the Department of Education, Culture and Sports (DECS) and
the apprenticeship program of the Bureau of Local Employment of the Department
of Labor and Employment.
SECTION 6. Composition of the Authority. — The Authority shall be composed of
the TESDA Board and TESDA Secretariat.
SECTION 7. Composition of the TESDA Board. — The TESDA Board shall be
composed of the following:
The Secretary of Labor and Employment Chairperson
Secretary of Education, Culture and Sports - Co-Chairperson
Secretary of Trade and Industry - Co-Chairperson
Secretary of Agriculture - Member
3|Page
 Secretary of Interior and Local Government - Member
Director-General of the TESDA Secretariat - Member
In addition, the President of the Philippines shall appoint the following members
from the private sector: two (2) representatives, from the employer/industry
organization, one of whom shall be a woman; three (3) representatives, from the
labor sector, one of whom shall be a woman; and two (2) representatives of the
national associations of private technical-vocational education and training
institutions, one of whom shall be a woman. As soon as all the members of the
private sector are appointed, they shall so organize themselves that the term of
office of one-third (1/3) of their number shall expire every year. The member from
the private sector appointed thereafter to fill vacancies caused by expiration of
terms shall hold office for three (3) years.
The President of the Philippines may, however, revise the membership of the
TESDA Board, whenever the President deems it necessary for the effective
performance of the Board’s functions through an administrative order.
The TESDA Board shall meet at least twice a year, or as frequently as may be
deemed necessary by its Chairperson. In the absence of the Chairperson, a Co-
Chairperson shall preside. In case any member of the Board representing the
Government cannot attend the meeting, he or she shall be regularly represented by
an undersecretary or deputy-director general, as the case may be, to be designated
by such member for the purpose.
The benefits, privileges and emoluments of the Board shall be consistent with
existing laws and rules.
SECTION 8. Powers and Functions of the Board. — The Authority shall primarily be
responsible for formulating, continuing, coordinated and fully integrated technical
education and skills development policies, plans and programs taking into
consideration the following:
a) the State policy declared herein of giving new direction and thrusts to efforts in
developing the quality of Filipino human resource through technical education and
skills development;
b) the implementation of the above-mentioned policy requires the coordination and
cooperation of policies, plans, and programs of different concerned sectors of
Philippine society;
c) equal participation of representatives of industry groups, trade associations,
employers, workers and government shall be made the rule in order to ensure that
urgent needs and recommendations are readily addressed; and
d) improved linkages between industry, labor and government shall be given priority
in the formulation of any national-level plan.
The Board, shall have the following powers:
1) promulgate, after due consultation with industry groups, trade associations,
employers, workers, policies, plans, programs and guidelines as may be
necessary for the effective implementation of this Act;
2) organize and constitute various standing committees, subsidiary groups, or
technical working groups for efficient integration, coordination and monitoring
technical education and skills development programs at the national, regional,
and local levels;
3) enter into, make, execute, perform and carry-out domestic and foreign
contracts subject to existing laws, rules and regulations;
4) restructure the entire sub-sector consisting of all institutions and programs
involved in the promotion and development of middle-level manpower through
upgrading, merger and/or phase-out following a user-led strategy;
5) approve trade skills standards and trade tests as established and conducted
by private industries;
6) establish and administer a system of accreditation of both public and private
institutions;
7) establish, develop and support institutions’ trainors’ training and/or
programs;
8) lend support and encourage increasing utilization of the dual training system
as provided for by Republic Act No. 7686;
9) exact reasonable fees and charges for such tests and trainings conducted
and retain such earnings for its own use, subject to guidelines promulgated by
the Authority;
10) allocate resources, based on the Secretariat’s recommendations, for the
programs and projects it shall undertake pursuant to approved National
Technical Education and Skills Development Plan;
11) determine and approve systematic funding schemes such as the Levy and
Grant scheme for technical education and skills development purposes;
12) create, when deemed necessary, an Advisory Committee which shall
provide expert and technical advice to the Board to be chosen from the
academe and the private sector: Provided, That in case the Advisory
Committee is created, the Board is hereby authorized to set aside a portion of
its appropriation for its operation; and
13) perform such other duties and functions necessary to carry out the
provisions of this Act consistent with the purposes of the creation of TESDA.
SECTION 9. Power to Review and Recommend Action. — The Authority shall
review and recommend action to concerned authorities on proposed technical
4|Page
 assistance programs and grants-in-aid for technical education or skills
development, or both, including those which may be entered into between the
Government of the Philippines and other nations, including international and
foreign organizations, both here and abroad.
(SEC. 11-16)
SECTION 11. Director-General. — The TESDA Secretariat shall be headed by a
Director-General, who shall likewise be a member of the TESDA Board. The
Director-General shall be appointed by the President of the Philippines and shall
enjoy the benefits, privileges ad emoluments equivalent to the rank of
Undersecretary.
As Chief Executive Officer of the TESDA Secretariat, the Director-General shall
exercise general supervision and control over its technical and administrative
personnel.
SECTION 12. Deputy Director-General. — The Director-General shall be assisted
by two (2) Deputy Directors-General to be appointed by the President of the
Philippines on recommendation of the TESDA Board. One to be responsible for
Vocational and Technical Education and Training and one to be responsible for
Policies and Planning.
The Deputy Directors-General shall enjoy the benefits, privileges and emoluments
equivalent to the rank of Assistant Secretary.
SECTION 13. Chief of Services for Administration. — The Director-General shall
also be assisted by a Chief of Services for Administration who shall be a Career
Civil Service Official to be appointed by the TESDA Board.
SECTION 14. Structural Organization and Personnel. — The TESDA Secretariat, in
addition to the offices of the Director-General, Deputy Director-General and Chief of
Services for Administration shall be composed of the following offices to be headed
by an Executive Director to be appointed by the Director-General and shall have
the rank and emoluments of Director IV.
a) Planning Office (PO) — The Planning Office shall be under the Office of the
Deputy Director-General and shall have the following functions:
1) to design and establish planning processes and methodologies which
will particularly enhance the efficiency of resource allocation decisions
within the technical education and skills development sector;
2) to lead in the preparation and periodic updating of a national plan for
technical education and skills development which shall become the basis
for resource allocation decisions within the sector;
3) to conduct researches, studies and develop information systems for
effective and efficient planning and policy-making within the sector;
4) to develop and implement programs and projects aimed at building up
planning capabilities of various institutions within the sector; and
5) to perform such other powers and functions as may be authorized by the
Authority.
b) Skills Standards and Certification Office (SSCO). — The Skills Standards and
Certification Office shall be under the office of the Deputy Director-General and
shall have the following functions:
1) to develop and establish a national system of skills standardization,
testing and certification in the country;
2) to design, innovate and adopt processes and methodologies whereby
industry groups and workers’ guilds take note on progressively the
responsibility of setting skills standards for identified occupational areas,
and the local government units actively participate in promoting skills
standards, testing and certification;
3) to establish and implement a system of accrediting private enterprises,
workers’ associations and guilds and public institutions to serve as skills
testing venues; chanroblespublishingcompany
4) to conduct research and development on various occupational areas in
order to recommend policies, rules and regulations for effective and
efficient skills and standardization, testing and certification system in the
country; and
5) to perform such other duties and functions as may be authorized.
c) National Institute for Technical Vocational and Education Training (NITVET). —
The National Institute for Technical Vocational and Education Training to be under
the office of the Deputy Director-General and shall have the following functions:
1) to serve as the research and development arm of the government in the
field of technical-vocational education and training;
2) to develop curricula and program standards for various technical-
vocational education and training areas; 3) to develop and implement an
integrated program for continuing development of trainors, teachers and
instructors within the technical education and skills development sector;
4) to develop programs and projects which will build up institutional
capabilities within the sector; and
5) to perform such other powers and functions as may be authorized.
d) Office of Formal Technical Vocational Education and Training (OFFVET). The
Office of Formal Technical Vocational Education and Training to be under the office
of the Deputy Director-General and shall have the following functions:
1) to provide policies, measures and guidelines for effective and efficient
administration of formal technical-vocational education and training
programs implementing by various institutions in the country;
2) to establish and maintain a system for accrediting, coordinating
integrating, monitoring and evaluating the different formal technical-
vocational education and training program vis-a-vis the approved national
technical education and skills development plan;
3) to establish and maintain a network of institutions engaged in
institutionalized technical-vocational education and training, particularly
with local government units; and
4) to perform such other duties and functions as may be authorized.
e) Office of the Non-Formal Technical-Vocational Education and Training
(ONFTVET). — The Office of the Non-Formal Technical-Vocational Education and
5|Page
Training to be under the Office of the Deputy Director-General and shall have the
following functions:
1) to provide direction, policies and guidelines for effective implementation
of non-formal, community-based technical-vocational education and
training;
2) to accredit, coordinate, monitor and evaluate various non-formal
technical-vocational education and training programsimplemented by
various institutions particularly, by local government units;
3) to establish and maintain a network of institutions including local
government units, non-government organizations implementing non-
formal, community-based technical-vocational education and training;
4) to perform such other powers and functions as may be authorized.
f) Office of Apprenticeship (OA). — The Office of Apprenticeship shall be under the
Office of the Deputy Director-General and shall have the following functions:
1) to provide direction, policies and guidelines on the implementation of the
Apprenticeship system;
2) to accredit, coordinate, monitor and evaluate all apprenticeship
schemes and program implemented by various institutions and
enterprises;
3) to establish a network of institutions and enterprises conducting
apprenticeship schemes and programs;
4) to perform such other powers and functions as may be authorized.
g) Regional TESDA Offices. — The Regional TESDA Offices shall be headed by
Regional Directors with the rank and emoluments of Director IV to be appointed by
the President.
The Regional TESDA Offices shall be under the direct control of the Director-
General and shall have the following functions:
1)to serve as Secretariat to Regional Technical Education Skills
Development (TESDA) Committees;
2) to provide effective supervision, coordination and integration of
technical education and skills development programs, projects and related
activities in their respective jurisdiction;
3) to develop and recommend TESDA programs for regional and local-
level implementation within the policies set by the Authority;
4) to perform such other duties and functions as may be deemed
necessary.
SECTION 15. The Provincial TESDA Offices. — The Provincial Offices shall be
headed by Skill Development Officers who shall have the rank and emoluments of
a Director III.
The Provincial TESDA Offices shall be under the direct control of the Director-
General and shall have the following functions:
1) to serve as Secretariat to Provincial TESDA Committees;
2) to provide technical assistance particularly to local government units for
effective supervision, coordination, integration and monitoring of
technical-vocational education and training programs within their
localities;
3) to review and recommend TESDA programs for implementation within
their localities; and
4) to perform such other duties and functions as may be authorized.
Furthermore, the TESDA Secretariat may be further composed by such offices as
may be deemed necessary by the Authority. The Director-General shall appoint
such personnel necessary to carry out the objectives, policies and functions of the
Authority subject to Civil Service laws, rules and regulations.
SECTION 16. Compliance with the Salaries Standardization Law. — The
compensation and emoluments of the officials and employees of the Authority shall
be in accordance with the salary standardization law and other applicable laws
under the national compensation and classification plan.
(SEC. 19-20)
SECTION 19. Technical Education and Skills Development Committees. — The
Authority shall establish Technical Education and Skills Development Committees
at the regional and local levels to coordinate and monitor the delivery of all skills
development activities by the public and private sectors. These committees shall
likewise serve as the Technical Education and Skills Development Committees of
the Regional and local development councils. The composition of the Technical
Education and Skills Development Committees shall be determined by the Director-
General subject to the guidelines to be promulgated by the Authority.
SECTION 20. Skills Development Centers. — The Authority shall strengthen the
network of national, regional and local skills training centers for the purpose of
promoting skills development.
(SEC. 26)
SECTION 26. Industry Boards. — The Authority shall establish effective and efficient
institutional arrangements with industry boards and such other bodies or
associations to provide direct participation of employers and workers in the design
and implementation of skills development schemes, trade skills standardization and
certification and such other functions in the fulfillment of the Authority’s objectives.
(ART. 47 LABOR CODE)
Article 47. National Manpower Skills Center. The Council shall establish a National
Manpower Skills Center and regional and local training centers for the purpose of
promoting the development of skills. The centers shall be administered and
operated under such rules and regulations as may be established by the Council.
(SEC. 22)
SECTION 22. Establishment and Administration of National Trade Skills Standards.
— There shall be national occupational skills standards to be established by
TESDA-accredited industry committees. The Authority shall develop and implement
a certification and accreditation program in which private industry groups and trade
associations are accredited to conduct approved trade tests, and the local
government units to promote such trade testing activities in their respective areas in
accordance with the guidelines to be set by the Authority.
6|Page
The Secretary of Labor and Employment shall determine the occupational trades
for mandatory certification.
All certificates relating to the national trade skills testing and certification system
shall be issued by the Authority through the TESDA Secretariat.
(SEC. 28-30)
SECTION 28. Skills Development Opportunities. — The Authority shall design and
implement an effective and efficient delivery system for quality technical education
and skills development opportunities particularly in disadvantaged sectors, with
new tools of wealth creation and with the capability to take on higher value-added
gainful activities and to share equitably in productivity gains.
SECTION 29. Devolution of TESDA’s Training Function to Local Governments. — In
establishing the delivery system provided for in the preceding Section, the Authority
shall formulate, implement and finance a specific plan to develop the capability of
local government units to assume ultimately the responsibility for effectively
providing community-based technical education and skills development
opportunities: Provided, however, That there shall be formulated and implemented,
an effective and timely retraining of TESDA personnel that would be affected by the
devolution to ensure their being retained if the concerned local government units
would not be able to absorb them.
SECTION 30. Skills Olympics. — To promote quality skills development in the
country and with the view of participating in international skills competitions, the
Authority, with the active participation of private industries, shall organize and
conduct annual National Skills Olympics. The Authority, through the TESDA
Secretariat, shall promulgate the necessary rules and guidelines for the effective
and efficient conduct of Annual National Skills Olympics and for the country’s
participation in international skills Olympics.
E. DELEGATED LEGISLATIVE AUTHORITY (SEC. 36)
SECTION 36. Implementing Rules and Guidelines. — The TESDA Board shall
issue, within a period of ninety (90) days after the effectivity of this Act, the rules
and regulations for the effective implementation of this Act.
The TESDA Board shall submit to the Committees on Education, Arts and Culture
of both Houses of Congress copies of the implementing rules and guidelines within
thirty (30) days after its promulgation.
Any violation of this Section shall render the official/s concerned liable under R.A.
No. 6713, otherwise known as the “Code of Conduct and Ethical Standards for
Public Officials, and Employees” and other existing administrative and/or criminal
laws.
F. TECHNICAL EDUCATION TRAINING MODALITIES
1. APPRENTICESHIP: SEC. 18, 14, ART. 57, SEC. 4 vs ART. 58c, ART. 59, 68,
60, 61, 72, 62, 65-67
(SEC. 18)
SECTION 18. Transfer of the Apprenticeship Program. — The Apprenticeship
Program of the Bureau of Local Employment of the Department of Labor and
Employment shall be transferred to the Authority which shall implement and
administer said program in accordance with existing laws, rules and regulations.
(SEC. 14)
SECTION 14. Structural Organization and Personnel. — The TESDA Secretariat, in
addition to the offices of the Director-General, Deputy Director-General and Chief of
Services for Administration shall be composed of the following offices to be headed
by an Executive Director to be appointed by the Director-General and shall have
the rank and emoluments of Director IV.
a) Planning Office (PO) — The Planning Office shall be under the Office of the
Deputy Director-General and shall have the following functions:
1) to design and establish planning processes and methodologies which
will particularly enhance the efficiency of resource allocation decisions
within the technical education and skills development sector;
2) to lead in the preparation and periodic updating of a national plan for
technical education and skills development which shall become the basis
for resource allocation decisions within the sector;
3) to conduct researches, studies and develop information systems for
effective and efficient planning and policy-making within the sector;
4) to develop and implement programs and projects aimed at building up
planning capabilities of various institutions within the sector; and
5) to perform such other powers and functions as may be authorized by the
Authority.
b) Skills Standards and Certification Office (SSCO). — The Skills Standards and
Certification Office shall be under the office of the Deputy Director-General and
shall have the following functions:
1) to develop and establish a national system of skills standardization,
testing and certification in the country;
2) to design, innovate and adopt processes and methodologies whereby
industry groups and workers’ guilds take note on progressively the
responsibility of setting skills standards for identified occupational areas,
and the local government units actively participate in promoting skills
standards, testing and certification;
3) to establish and implement a system of accrediting private enterprises,
workers’ associations and guilds and public institutions to serve as skills
testing venues;
4) to conduct research and development on various occupational areas in
order to recommend policies, rules and regulations for effective and
efficient skills and standardization, testing and certification system in the
country; and
5) to perform such other duties and functions as may be authorized.
c) National Institute for Technical Vocational and Education Training (NITVET). —
The National Institute for Technical Vocational and Education Training to be under
the office of the Deputy Director-General and shall have the following functions:
1) to serve as the research and development arm of the government in the
field of technical-vocational education and training;
7|Page
 2) to develop curricula and program standards for various technical-
vocational education and training areas;
3) to develop and implement an integrated program for continuing
development of trainors, teachers and instructors within the technical
education and skills development sector;
4) to develop programs and projects which will build up institutional
capabilities within the sector; and
5) to perform such other powers and functions as may be authorized.
d) Office of Formal Technical Vocational Education and Training (OFFVET). The
Office of Formal Technical Vocational Education and Training to be under the office
of the Deputy Director-General and shall have the following functions:
1) to provide policies, measures and guidelines for effective and efficient
administration of formal technical-vocational education and training
programs implementing by various institutions in the country;
2) to establish and maintain a system for accrediting, coordinating
integrating, monitoring and evaluating the different formal technical-
vocational education and training program vis-a-vis the approved national
technical education and skills development plan;
3) to establish and maintain a network of institutions engaged in
institutionalized technical-vocational education and training, particularly
with local government units; and
4) to perform such other duties and functions as may be authorized.
e) Office of the Non-Formal Technical-Vocational Education and Training
(ONFTVET). — The Office of the Non-Formal Technical-Vocational Education and
Training to be under the Office of the Deputy Director-General and shall have the
following functions:
1) to provide direction, policies and guidelines for effective implementation
of non-formal, community-based technical-vocational education and
training;
2) to accredit, coordinate, monitor and evaluate various non-formal
technical-vocational education and training programs implemented by
various institutions particularly, by local government units;
3) to establish and maintain a network of institutions including local
government units, non-government organizations implementing non-
formal, community-based technical-vocational education and training;
4) to perform such other powers and functions as may be authorized.
f) Office of Apprenticeship (OA). — The Office of Apprenticeship shall be under the
Office of the Deputy Director-General and shall have the following functions:
1) to provide direction, policies and guidelines on the implementation of the
Apprenticeship system;
2) to accredit, coordinate, monitor and evaluate all apprenticeship
schemes and program implemented by various institutions and
enterprises;
3) to establish a network of institutions and enterprises conducting
apprenticeship schemes and programs;
4) to perform such other powers and functions as may be authorized.
g) Regional TESDA Offices. — The Regional TESDA Offices shall be headed by
Regional Directors with the rank and emoluments of Director IV to be appointed by
the President.
The Regional TESDA Offices shall be under the direct control of the Director-
General and shall have the following functions:
to serve as Secretariat to Regional Technical Education Skills
Development (TESDA) Committees;
2) to provide effective supervision, coordination and integration of
technical education and skills development programs, projects and
related activities in their respective jurisdiction;
3) to develop and recommend TESDA programs for regional and local-
level implementation within the policies set by the Authority;
4) to perform such other duties and functions as may be deemed
necessary.
(ART. 57 LABOR CODE)
Article 57. Statement of objectives. This Title aims:
To help meet the demand of the economy for trained manpower;
To establish a national apprenticeship program through the participation of
employers, workers and government and non-government agencies; and
To establish apprenticeship standards for the protection of apprentices.
(SEC. 4 vs. ART. 58c LABOR CODE)
SECTION 4. Definition of Terms. — As used in this Act:
a) “Skill” shall mean the acquired and practiced ability to carry out a task or job;
b) “Skills Development” shall mean the process through which learners and workers
are systematically provided with learning opportunities to acquire or upgrade, or
both, their ability, knowledge and behavior pattern required as qualifications for a
job or range of jobs in a given occupational area;
c) “Technical Education” shall refer to the education process designed at post-
secondary and lower tertiary levels, officially recognized as non-degree programs
aimed at preparing technicians, para-professionals and other categories of middle-
level workers by providing them with a broad range of general education,
theoretical, scientific and technological studies, and related job skills training;
d) “Trade” shall mean any group of interrelated jobs or any occupation which is
traditionally or officially recognized as craft or artisan in nature requiring specific
qualifications that can be acquired through work experience and/or training;
e) “Middle-Level Manpower” refers to those :
1) who have acquired practical skills and knowledge through formal or non-formal
education and training equivalent to at least a secondary education but preferably a
post-secondary education with a corresponding degree or diploma; or
2) skilled workers who have become highly competent in their trade or craft as
attested by industry.
f) “Private Enterprises” refers to an economic system under which property of all
kinds can be privately owned and in which individuals, alone or in association with
another, can embark on a business activity. This includes industrial, agricultural, or
agro-industrial establishments engaged in the production, manufacturing,
processing, repacking or assembly of goods including service-oriented enterprises;
g) “Trainers” shall mean persons who direct the practice of skills towards immediate
improvement in some task;
8|Page
h) “Trainors/trainers” shall mean persons who provide training to trainers aimed at
developing the latter’s capacities for imparting attitudes, knowledge, skills and
behavior patterns required for specific jobs, tasks, occupations or group of related
occupations;
i) “Trainees” shall mean persons who are participants in a vocational, administrative
or technical training program for the purpose of acquiring and developing job-
related skills;
j) “Apprenticeship” training within employment with compulsory related theoretical
instructions involving a contract between an apprentice and an employer on an
approved apprenticeable occupation;
k) “Apprentice” is a person undergoing training for an approved apprenticeable
occupation during an established period assured by an apprenticeship agreement;
l) “Apprenticeship Agreement” is a contract wherein a prospective employer binds
himself to train the apprentice who in turn accepts the terms of training for a
recognized apprenticeable occupation emphasizing the rights, duties and
responsibilities of each party;
m) “Apprenticeable Occupation” is an occupation officially endorsed by a tripartite
body and approved for apprenticeship by the Authority;
n) “Learners” refer to persons hired as trainees in semi-skilled and other industrial
occupations which are non-apprenticeable. Learnership programs must be
approved by the Authority.
o) “User-Led” or “Market-Driven Strategy” refers to a strategy which promotes
strengthened linkages between educational/training institutions and industry to
ensure that appropriate skills and knowledge are provided by the educational
system;
p) “Dual System/Training” refers to a delivery of quality technical and vocational
education which requires training to be carried out alternatively in two venues: In
school and in the production plant. In-school training provides the trainee the
theoretical foundation, basic training, guidance and human formation, while in-plant
training develops his skills and proficiency in actual work conditions as it continues
to inculcate personal discipline and work values;
q) “Levy Grant System” refers to a legal contribution from participating employers
who would be beneficiaries of the program (often as a percentage of the payroll)
which is subsequently turned over or rebated to enterprises offering employee
training programs.
(ART. 58c LABOR CODE)
(c) An "apprenticeable occupation" means any trade, form of employment or
occupation which requires more than three (3) months of practical training on the
job supplemented by related theoretical instruction.
(ART. 59 LABOR CODE)
Article 59. Qualifications of apprentice. To qualify as an apprentice, a person shall:
Be at least fourteen (14) years of age;
Possess vocational aptitude and capacity for appropriate tests; and
Possess the ability to comprehend and follow oral and written instructions.
Trade and industry associations may recommend to the Secretary of Labor
appropriate educational requirements for different occupations.
(ART. 68 LABOR CODE)
Article 68. Aptitude testing of applicants. Consonant with the minimum
qualifications of apprentice-applicants required under this Chapter, employers or
entities with duly recognized apprenticeship programs shall have primary
responsibility for providing appropriate aptitude tests in the selection of apprentices.
If they do not have adequate facilities for the purpose, the Department of Labor and
Employment shall perform the service free of charge.
(ART. 60 LABOR CODE)
Article 60. Employment of apprentices. Only employers in the highly technical
industries may employ apprentices and only in apprenticeable occupations
approved by the Secretary of Labor and Employment. (As amended by Section 1,
Executive Order No. 111, December 24, 1986)
(ART. 61 LABOR CODE)
Article 61. Contents of apprenticeship agreements. Apprenticeship agreements,
including the wage rates of apprentices, shall conform to the rules issued by the
Secretary of Labor and Employment. The period of apprenticeship shall not exceed
six months. Apprenticeship agreements providing for wage rates below the legal
minimum wage, which in no case shall start below 75 percent of the applicable
minimum wage, may be entered into only in accordance with apprenticeship
programs duly approved by the Secretary of Labor and Employment. The
Department shall develop standard model programs of apprenticeship. (As
amended by Section 1, Executive Order No. 111, December 24, 1986)
(ART. 72 LABOR CODE)
Article 72. Apprentices without compensation. The Secretary of Labor and
Employment may authorize the hiring of apprentices without compensation whose
training on the job is required by the school or training program curriculum or as
requisite for graduation or board examination.
(ART. 62 LABOR CODE)
Article 62. Signing of apprenticeship agreement. Every apprenticeship agreement
shall be signed by the employer or his agent, or by an authorized representative of
any of the recognized organizations, associations or groups and by the apprentice.
An apprenticeship agreement with a minor shall be signed in his behalf by his
parent or guardian, if the latter is not available, by an authorized representative of
the Department of Labor, and the same shall be binding during its lifetime.
Every apprenticeship agreement entered into under this Title shall be ratified by the
appropriate apprenticeship committees, if any, and a copy thereof shall be
furnished both the employer and the apprentice.
(ART. 65-67 LABOR CODE)
Article 65. Investigation of violation of apprenticeship agreement. Upon complaint of
any interested person or upon its own initiative, the appropriate agency of the
Department of Labor and Employment or its authorized representative shall
investigate any violation of an apprenticeship agreement pursuant to such rules and
regulations as may be prescribed by the Secretary of Labor and Employment.
9|Page

Article 66. Appeal to the Secretary of Labor and Employment. The decision of the
authorized agency of the Department of Labor and Employment may be appealed
by any aggrieved person to the Secretary of Labor and Employment within five (5)
days from receipt of the decision. The decision of the Secretary of Labor and
Employment shall be final and executory.
Article 67. Exhaustion of administrative remedies. No person shall institute any
action for the enforcement of any apprenticeship agreement or damages for breach
of any such agreement, unless he has exhausted all available administrative
remedies.
2. LEARNERS: (SEC. 4n vs. ART. 73 LABOR CODE, ART. 75, ART. 74)
(SEC. 4n vs. ART. 73 LABOR CODE)
(SEC. 4n)
n) “Learners” refer to persons hired as trainees in semi-skilled and other industrial
occupations which are non-apprenticeable. Learnership programs must be
approved by the Authority.
(ART. 73 LABOR CODE)
Article 73. Learners defined. Learners are persons hired as trainees in semi-skilled
and other industrial occupations which are non-apprenticeable and which may be
learned through practical training on the job in a relatively short period of time which
shall not exceed three (3) months.
(ART. 75 LABOR CODE)
Article 75. Learnership agreement. Any employer desiring to employ learners shall
enter into a learnership agreement with them, which agreement shall include:
The names and addresses of the learners;
The duration of the learnership period, which shall not exceed three (3) months;
The wages or salary rates of the learners which shall begin at not less than
seventy-five percent (75%) of the applicable minimum wage; and
A commitment to employ the learners if they so desire, as regular employees upon
completion of the learnership. All learners who have been allowed or suffered to
work during the first two (2) months shall be deemed regular employees if training
is terminated by the employer before the end of the stipulated period through no
fault of the learners.
The learnership agreement shall be subject to inspection by the Secretary of Labor
and Employment or his duly authorized representative.
(ART. 74 LABOR CODE)
Article 74. When learners may be hired. Learners may be employed when no
experienced workers are available, the employment of learners is necessary to
prevent curtailment of employment opportunities, and the employment does not
create unfair competition in terms of labor costs or impair or lower working
standards.
3. OTHER TRAINING SCHEMES: DUAL TRAINING, SPES (RA 9547)
(RA 9547) : AN ACT STRENGTHENING AND EXPANDING THE COVERAGE OF
THE SPECIAL PROGRAM FOR EMPLOYMENT OF STUDENTS, AMENDING
FOR THE PURPOSE PROVISIONS OF R.A. NO. 7323, OTHERWISE KNOWN AS
THE SPECIAL PROGRAM FOR EMPLOYMENT OF STUDENTS
III. PRE- EMPLOYMENT
A. LOCAL EMPLOYMENT; DOLE DEPT. ORDER 141-11
1. STATE POLICY REGARDING LOCAL RECRUITMENT? (ART. 12
LABOR CODE, DO 141, SEC. 1)
(ART. 12 LABOR CODE)
PRE-EMPLOYMENT
Article 12. Statement of objectives. It is the policy of the State:
To promote and maintain a state of full employment through improved manpower
training, allocation and utilization;
To protect every citizen desiring to work locally or overseas by securing for him the
best possible terms and conditions of employment;
To facilitate a free choice of available employment by persons seeking work in
conformity with the national interest;
To facilitate and regulate the movement of workers in conformity with the national
interest;
To regulate the employment of aliens, including the establishment of a registration
and/or work permit system;
To strengthen the network of public employment offices and rationalize the
participation of the private sector in the recruitment and placement of workers,
locally and overseas, to serve national development objectives;
To insure careful selection of Filipino workers for overseas employment in order to
protect the good name of the Philippines abroad.
(DO 141, SEC. 1)
Section 1. Declaration of Policy. – It is the policy of the Department of Labor and
Employment:
a. To recognize the participation of the private sector in the recruitment and
placement of workers for local employment, to promote equality of
employment opportunity and treatment in access to employment and
10 | P a g e
 particular occupations as part of the over-all thrust for national
development;
b. To promote employment creation as one of the principles under the
decent work agenda;
c. To ensure compliance with the pertinent provisions of the Labor Code,
as amended, Anti-Trafficking in Persons Act of 2003, Anti-Child Labor
Laws, and other related laws, rules and regulations;
d. To protect every citizen desiring to avail of the services of private
employment agencies by ensuring the best possible terms and conditions
of employment; and
e. To cooperate with government agencies and duly registered non-
government organizations in protecting and promoting the welfare of
Filipino jobseekers.
2. IMPORTANT TERMS (ART. 13 LABOR CODE, DO 141-14, SEC.3)
(ART. 13 LABOR CODE)
Title I
RECRUITMENT AND PLACEMENT OF WORKERS
Chapter I
GENERAL PROVISIONS
Article 13. Definitions.
"Worker" means any member of the labor force, whether employed or unemployed.
"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.
"Private fee-charging employment agency" means any person or entity engaged in
recruitment and placement of workers for a fee which is charged, directly or
indirectly, from the workers or employers or both.
"License" means a document issued by the Department of Labor authorizing a
person or entity to operate a private employment agency.
"Private recruitment entity" means any person or association engaged in the
recruitment and placement of workers, locally or overseas, without charging,
directly or indirectly, any fee from the workers or employers.
"Authority" means a document issued by the Department of Labor authorizing a
person or association to engage in recruitment and placement activities as a private
recruitment entity.
"Seaman" means any person employed in a vessel engaged in maritime navigation.
"Overseas employment" means employment of a worker outside the Philippines.
"Emigrant" means any person, worker or otherwise, who emigrates to a foreign
country by virtue of an immigrant visa or resident permit or its equivalent in the
country of destination.
(DO 141-14, SEC.3)
Section 3. Definition of terms. – The following terms shall have the meanings
indicated hereunder:
a. “Bureau” refers to the Bureau of Local Employment.
b. “Department” – refers to the Department of Labor and Employment.
c. “Secretary” – refers to the Secretary of the Department of Labor and Employment.
d. “Regional Office” – refers to the Regional Offices of the Department.
e. “Regional Director” – refers to the Regional Director of the Regional Office.
f. “Field Office” refers to the district or provincial offices of the Department.
g. “Private employment agency or agency” refers to any person, partnership or
corporation engaged in the recruitment and placement of workers for local
employment.
It also refers to any individual, partnership, corporation or entity licensed by the
Department of Labor and Employment (DOLE) to engage in the recruitment and
placement of Kasambahay for local employment.
h. “License” refers to a document issued by the Secretary through the Regional
Director authorizing a person, partnership or corporation to operate a private
employment agency.
i. “Authority to operate branch office” refers to a document issued by the Secretary
through the Regional Director authorizing a private employment agency to establish
and operate a branch office.
j. “Authority to recruit” refers to a document issued by the Secretary through the
Regional Director authorizing a person to conduct recruitment activities for local
employment on behalf of a private employment agency.
k. “Representative” refers to a person acting as an agent of a private employment
agency registered with the Regional Office and granted Authority to Recruit.
l. “Domestic Seafarer” refers to any person who is employed or engaged to work in
any capacity on board ship as defined herein.
11 | P a g e
m. “Ship” refers to a Philippine registered ship or vessel which navigates within the
territorial jurisdiction of the Philippines or closely adjacent to, sheltered areas or
areas where port regulations apply.
n. “Public Employment Service Office or PESO” refers to a non-fee charging multi-
employment service facility or entity established, recognized or accredited pursuant
to Republic Act No. 8759 or the PESO Act of 1999 and its implementing rules and
regulation.
o. “Recruit” refers to any Filipino individual promised, contracted, or enlisted for
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, such as, but not limited to general househelp, yaya, cook, gardener,
or laundry person, but shall exclude service providers, family drivers, children who
are under foster family arrangement, or any person who performs domestic work
only occasionally or sporadically and not on occupational basis.
q. “Recruitment contract” refers to the agreement entered into between a private
employment agency or its representative and a recruit stating the terms and
conditions of the recruitment in a language known and understood by the recruit.
r. “Employment contract” refers to the individual written agreement between the
employer and the worker stating clearly the terms and conditions of employment in
a language known and understood by the worker.
s. “Service contract” refers to the agreement entered into between the employer
and the private employment agency stating clearly the terms and conditions of the
service.
t. “Service fee” refers to the amount charged by a private employment agency to a
local employer as payment for actual services rendered in relation to the
recruitment and placement of workers.
u. “Deployment Expenses” refers to expenses that are directly used for the transfer
of the Kasambahay from the place of origin to the place of work covering the cost of
transportation, meals, communication expense, and other incidental expenses.
Advances or loans by the Kasambahay are not included in the definition of
deployment expenses.
v. “Employer” refers to any person, partnership, corporation or entity engaging the
services of a worker through the private employment agency, and who is party to
the employment contract with the worker.
It also refers to any person who engages and controls the services of a
Kasambahay and is party to the employment contract.
w. “Non-license or non-holder of authority” refers to any person, partnership or
corporation who has not been issued a license or authority to recruit, or whose
license or authority to recruit has been revoked or cancelled by the Regional
Director.
3. STRUCTURES RELATED TO LOCAL EMPLOYMENT (ART 14-15 LABOR
CODE, AS AMENDED )
(ART. 14 LABOR CODE)
Article 14. Employment promotion. The Secretary of Labor shall have the power
and authority:
To organize and establish new employment offices in addition to the existing
employment offices under the Department of Labor as the need arises;
To organize and establish a nationwide job clearance and information system to
inform applicants registering with a particular employment office of job opportunities
in other parts of the country as well as job opportunities abroad;
To develop and organize a program that will facilitate occupational, industrial and
geographical mobility of labor and provide assistance in the relocation of workers
from one area to another; and
To require any person, establishment, organization or institution to submit such
employment information as may be prescribed by the Secretary of Labor.
(ART. 15, LABOR CODE, AS AMENDED)
*ART. 15 ABOLISHED BY EO 797 CREATING THE BUREAU OF LOCAL
EMPLOYMENT . EXECUTIVE ORDER NO. 797 OF MAY 1, 1982
REORGANIZING THE MINISTRY OF LABOR AND EMPLOYMENT, CREATING
THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION, AND FOR
OTHER PURPOSES
Article 15. Bureau of Employment Services.
The Bureau of Employment Services shall be primarily responsible for developing
and monitoring a comprehensive employment program. It shall have the power and
duty:
To formulate and develop plans and programs to implement the
employment promotion objectives of this Title;
To establish and maintain a registration and/or licensing system to regulate
private sector participation in the recruitment and placement of workers,
locally and overseas, and to secure the best possible terms and conditions
of employment for Filipino contract workers and compliance therewith
under such rules and regulations as may be issued by the Minister of
Labor;
To formulate and develop employment programs designed to benefit
disadvantaged groups and communities;
To establish and maintain a registration and/or work permit system to
regulate the employment of aliens;
12 | P a g e

To develop a labor market information system in aid of proper manpower
and development planning;
To develop a responsive vocational guidance and testing system in aid of
proper human resources allocation; and
To maintain a central registry of skills, except seamen.
The regional offices of the Ministry of Labor shall have the original and exclusive
jurisdiction over all matters or cases involving employer-employee relations
including money claims, arising out of or by virtue of any law or contracts involving
Filipino workers for overseas employment except seamen: Provided, That the
Bureau of Employment Services may, in the case of the National Capital Region,
exercise such power, whenever the Minister of Labor deems it appropriate. The
decisions of the regional offices of the Bureau of Employment Services, if so
authorized by the Minister of Labor as provided in this Article, shall be appealable
to the National Labor Relations Commission upon the same grounds provided in
Article 223 hereof. The decisions of the National Labor Relations Commission shall
be final and inappealable. (Superseded by Exec. Order 797, May 1, 1982).
The Minister of Labor shall have the power to impose and collect fees based on
rates recommended by the Bureau of Employment Services. Such fees shall be
deposited in the National Treasury as a special account of the General Fund, for
the promotion of the objectives of the Bureau of Employment Services, subject to
the provisions of Section 40 of Presidential Decree No. 1177.
4. WHO MAY ENGAGE IN RECRUITMENT? (ART. 25 LABOR CODE)
(ART. 25 LABOR CODE)
Article 25. Private sector participation in the recruitment and placement of workers.
Pursuant to national development objectives and in order to harness and maximize
the use of private sector resources and initiative in the development and
implementation of a comprehensive employment program, the private employment
sector shall participate in the recruitment and placement of workers, locally and
overseas, under such guidelines, rules and regulations as may be issued by the
Secretary of Labor.
B. OVERSEAS EMPLOYMENT ( RA 9422, RA 8042, RA 10022)
1. STATE POLICY REGARDING OVERSEAS EMPLOYMENT (RA 8042,
SEC 2)
(RA 8042, SEC 2)
SEC. 2. DECLARATION OF POLICIES--
(a) In the pursuit of an independent foreign policy and while considering national
sovereignty, territorial integrity, national interest and the right to self-determination
paramount in its relations with other states, the State shall, at all times, uphold the
dignity of its citizens whether in country or overseas, in general, and Filipino
migrant workers, in particular.
(b) The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment
opportunities for all. Towards this end, the State shall provide adequate and timely
social, economic and legal services to Filipino migrant workers.
(c) While recognizing the significant contribution of Filipino migrant workers to the
national economy through their foreign exchange remittances, the State does not
promote overseas employment as a means to sustain economic growth and
achieve national development. The existence of the overseas employment program
rests solely on the assurance that the dignity and fundamental human rights and
freedoms of the Filipino citizens shall not, at any time, be compromised or violated.
The State, therefore, shall continuously create local employment opportunities and
promote the equitable distribution of wealth and the benefits of development.
(d) The State affirms the fundamental equality before the law of women and men
and the significant role of women in nation-building. Recognizing the contribution of
overseas migrant women workers and their particular vulnerabilities, the State shall
apply gender sensitive criteria in the formulation and implementation of policies and
programs affecting migrant workers and the composition of bodies tasked for the
welfare of migrant workers.
(e) Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any persons by reason of poverty. In this regard, it
is imperative that an effective mechanism be instituted to ensure that the rights and
interest of distressed overseas Filipinos, in general, and Filipino migrant workers, in
particular, documented or undocumented, are adequately protected and
safeguarded.
(f) The right of Filipino migrant workers and all overseas Filipinos to participate in
the democratic decision-making processes of the State and to be represented in
institutions relevant to overseas employment is recognized and guaranteed.
(g) The State recognizes that the ultimate protection to all migrant workers is the
possession of skills. Pursuant to this and as soon as practicable, the government
shall deploy and/or allow the deployment only to skilled Filipino workers.
(h) Non-governmental organizations, duly recognized as legitimate, are partners of
the State in the protection of Filipino migrant workers and in the promotion of their
welfare, the State shall cooperate with them in a spirit of trust and mutual respect.
(I) Government fees and other administrative costs of recruitment, introduction,
placement and assistance to migrant workers shall be rendered free without
prejudice to the provision of Section 36 hereof.
Nonetheless, the deployment of Filipino overseas workers, whether land-based or
sea-based by local service contractors and manning agencies employing them
shall be encouraged. Appropriate incentives may be extended to them.
13 | P a g e

2. POLICY REGARDING OVERSEAS DEPLOYMENT (SEC. 4)
(SEC. 4)
Sec. 3. Section 4 of Republic Act No. 8042, as amended, is hereby amended to
rerad as follows:
"SEC. 4. Deployment of Migrant Workers. - The State shall allow the deployment of
overseas Filipino workers only in countries where the rights of Filipino migrant
workers are protected. The government recognizes any of the following as a
guarantee on the part of the receiving country for the protection of the rights of
overseas Filipino workers:
(a) It has existing labor and social laws protecting the rights of workers,
including migrant workers;
(b) It is a signatory to and/or a ratifier of multilateral conventions, declarations
or
resolutions relating to the protection of workers, including migrant workers; and
(c) It has concluded a bilateral agreement or arrangement with the government
on the protection of the rights of overseas Filipino Workers:
Provided, That the receiving country is taking positive, concrete measures to
protect the rights of migrant workers in furtherance of any of the guarantees under
subparagraphs (a), (b) and (c) hereof
In the absence of a clear showing that any of the aforementioned guarantees
exists in the country of destination of the migrant workers, no permit for deployment
shall be issued by the Philippine Overseas Employment Administration (POEA).
The members of the POEA Governing Board who actually voted in favor of an order
allowing the deployment of migrant workers without any of the aforementioned
guarantees shall suffer the penalties of removal or dismissal from service with
disqualification to hold any appointive public office for five (5) years, Further, the
government official or employee responsible for the issuance of the permit or for
allowing the deployment of migrant workers in violation of this section and in direct
contravention of an order by the POEA Governing Board prohibiting deployment
shall be meted the same penalties in this section.
For this purpose, the Department of Foreign Affairs, through its foreign posts, shall
issue a certification to the POEA, specifying therein the pertinent provisions of the
receiving country's labor/social law, or the convention/declaration/resolution, or the
bilateral agreement/arrangement which protect the rights of migrant workers.
The State shall also allow the deployment of overseas Filipino workers to vessels
navigating the foreign seas or to installations located offshore or on high seas
whose owners/employers are compliant with international laws and standards that
protect the rights of migrant workers.
The State shall likewise allow the deployment of overseas Filipino workers to
companies and contractors with international operations: Provided, That they are
compliant with standards, conditions and requirements, as embodied in the
employment contracts prescribed by the POEA and in accordance with
internationally-accepted standards."
3. IMPORTANT TERMS (SEC. 3 AND SEC 2 IRR RA 8042)
(SEC. 3)
SEC. 3. DEFINITIONS. - For purposes of this Act:
(a) "Migrant worker" refers to a person who is to be engaged, is engaged or has
been engaged in a renumerated activity in a state of which he or she is not a legal
resident to be used interchangeably with overseas Filipino worker.
(b) "Gender-sensitivity" shall mean cognizance of the inequalities and inequities
prevalent in society between women and men and a commitment to address issues
with concern for the respective interests of the sexes.
(c) "Overseas Filipinos" refers to dependents of migrant workers and other Filipino
nationals abroad who are in distress as mentioned in Sections 24 and 26 of this
Act.
(NOTE: RA 10022, SEC 2)
Section 2. Section 3, paragraph (a) of Republic Act No. 8042, as amended, is
hereby amended to read as follows:
"(a) "Overseas Filipino worker" refers to a person who is to be engaged, is engaged
or has been engaged in a remunerated activity in a state of which he or she is not a
citizen or on board a vessel navigating the foreign seas other than a government
ship used for miliatry or non-commercial purposes or on an installation located
offshore or on the high seas; to be used interchangeably with migrant worker."
(RA 8042 SEC, 2 see, previous page)
4. ROLES OF VARIOUS GOVERNMENT AGENCIES/ ENTITIES (SEC. 27-
28, RA 8042 AS AMENDED, SEC. 19, 23, 17-18, 24-26, 10)
(SEC. 27)
SEC. 27. PRIORITY CONCERNS OF PHILIPPINE FOREIGN SERVICE POSTS. -
The country team approach, as enunciated under Executive Order No. 74, series of
1993, shall be the mode under which Philippine embassies or their personnel will
operate in the protection of the Filipino migrant workers as well as in the promotion
of their welfare. The protection of the Filipino migrant workers and the promotion of
their welfare, in particular, and the protection of the dignity and fundamental rights
and freedoms of the Filipino citizen abroad, in general, shall be the highest priority
concerns of the Secretary of Foreign Affairs and the Philippine Foreign Service
Posts.
(SEC. 28)
SEC. 28. COUNTRY-TEAM APPROACH. - Under the country-team approach, all
officers, representatives and personnel of the Philippine government posted abroad
regardless of their mother agencies shall, on a per country basis, act as one
country-team with a mission under the leadership of the ambassador. In this regard,
14 | P a g e
the ambassador may recommend to the Secretary of the Department of Foreign
Affairs the recall of officers, representatives and personnel of the Philippine
government posted abroad for acts inimical to the national interest such as, but not
limited to, failure to provide the necessary services to protect the rights of overseas
Filipinos.
(SEC. 19)
SEC. 19. ESTABLISHMENT OF A MIGRANT WORKERS AND OTHER
OVERSEAS FILIPINOS RESOURCE CENTER. - Within the premises and under
the administrative jurisdiction of the Philippine Embassy in countries where there
are large concentrations of Filipino migrant workers, there shall be establish a
Migrant Workers and Other Overseas Filipinos Resource Center with the following
services:
(a) Counseling and legal services;
(b) Welfare assistance including the procurement of medical and
hospitalization services;
(c) Information, advisory and programs to promote social integration such
as post-arrival orientation, settlement and community networking services for social
integration;
(d) Institute a scheme of registration of undocumented workers to bring
them within the purview of this Act. For this purpose, the Center is enjoined to
compel existing undocumented workers to register with it within six (6) months from
the effectivity of this Act, under pain of having his/her passport cancelled;
(e) Human resource development, such as training and skills upgrading;
(f) Gender sensitive programs and activities to assist particular needs of
women migrant workers;
(g) Orientation program for returning workers and other migrants; and
(h) Monitoring of daily situations, circumstances and activities affecting
migrant workers and other overseas Filipinos.
(SEC 19 par. 2, as amended by RA 10022, SEC. 12)
"The establishment and operations of the Center shall be a joint undertaking of the
various government agencies. The Center shall be open for twenty-four (24) hours
daily including Saturdays, Sundays and holidays, and shall be staffed by Foreign
Service personnel, service attaches or officers who represent other Philippine
government agencies abroad and, if available, individual volunteers and bona fide
non-government organizations from the host countries. In countries categorized as
highly problematic by the Department of Foreign Affairs and the Department of
Labor and Employment and where there is a concentration of Filipino migrant
workers, the government must provide a Sharia or human rights lawyer, a
psychologist and a social worker for the Center. In addition to these personnel, the
government must also hire within the receiving country, in such number as may be
needed by the post, public relation officers or case officers who are conversant,
orally and in writing, with the local language, laws, customs and practices. The
Labor Attache shall coordinate the operation of the Center and shall keep the Chief
of Mission informed and updated on all matters affecting it."
(SEC. 23)
SEC. 23. ROLE OF GOVERNMENT AGENCIES. - The following government
agencies shall perform the following to promote the welfare and protect the rights of
migrant workers and, as far as applicable, all overseas Filipinos:
(a) Department of Foreign Affairs. - The Department, through its home
office or foreign posts, shall take priority action its home office or foreign posts,
shall take priority action or make representation with the foreign authority
concerned to protect the rights of migrant workers and other overseas Filipinos and
extend immediate assistance including the repatriation of distressed or
beleaguered migrant workers and other overseas Filipinos;
(b) Department of Labor and Employment - The Department of Labor and
Employment shall see to it that labor and social welfare laws in the foreign
countries are fairly applied to migrant workers and whenever applicable, to other
overseas Filipinos including the grant of legal assistance and the referral to proper
medical centers or hospitals:
(NOTE: AMENDED BY RA 10022, SEC 14, 15, 16)
Section 14. Subparagraph (b.1) of paragraph (b) of Section 23 of Republic Act No.
8042, as amended, is hereby amended to read as follows:
"(b.1) Philippine Overseas Employment Administration. - The Administration shall
regulate private sector participation in the recruitment and overseas placement of
workers by setting up a licensing and registration system. It shall also formulate and
implement, in coordination with appropriate entities concerned, when necessary, a
system for promoting and monitoring the overseas employment of Filipino workers
taking into consideration their welfare and the domestic manpower requirements. It
shall be responsible for the regulation and management of overseas employment
from the pre-employment stage, securing the best possible employment terms and
conditions for overseas Filipino workers, and taking into consideration the needs of
vulnerable sectors and the peculiarities of sea-based and land-based workers. In
appropriate cases, the Administration shall allow the lifting of suspension of erring
recruitment/manning agencies upon the payment of fine of Fifty thousand pesos
(P50,000.00) for every month of suspension.
"in addition to its powers and functions, the Administration shall inform migrant
workers not only of their rights as workers but also of their rights as human beings,
instruct and guide the workers how to assert their rights and provide the available
mechanism to redress violation of their rights. It shall also be responsible for the
implementation, in partnership with other law-enforcement agencies, of an
intensified program against illegal recruitment activities. For this purpose, the
POEA shall provide comprehensive Pre-Employment Orientation Seminars (PEOS)
that will discuss topics such as prevention of illegal recruitment and gender-
sensitivity.
"The Administration shall not engage in the recruitment and placement of overseas
workers except on a government-to-government arrangement only.
"In the recruitment and placement of workers to service the requirements for trained
and competent Filipino workers of foreign governments and their instrumentalitys,
and such other employers as public interests may require, the Administration shall
deploy only to countries where the Philippine has conclude bilateral labor
agreements or arrangements: Provided, That such countries shall guarantee to
15 | P a g e
protect the rights of Filipino migrant workers; and Provided, further, That such
countries shall observe and/or comply with the international laws and standards for
migrant workers."
Section 15. Sub-paragraph (b.2) of Paragraph (b) of Section 23 of Republic Act No.
8042, as amended, is hereby amended to read as follows:
"(b.2) Overseas Workers Welfare Administration. - The Welfare officer of 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."
Section 16. Under Section 23 of Republic Act No. 8042, as amended, add new
paragraphs (c) and (d) with their corresponding subparagraphs to read as follows:
"(c) Department of Health. - The Department of Health (DOH) shall regulate the
activities and operations of all clinics which conduct medical, physical, optical,
dental, psychological and other similar examinations, hereinafter referred to as
health examinations, on Filipino migrant workers as requirement for their overseas
employment. Pursuant to this, the DOH shall ensure that:
" (c.1) The fees for the health examinations are regulated, regularly monitored and
duly published to ensure that the said fees are reasonable and not exorbitant;
" (c.2) The Filipino migrant worker shall only be required to undergo health
examinations when there is reasonable certainty that he or she will be hired and
deployed to the jobsite and only those health examinations which are absolutely
necessary for the type of job applied for or those specifically required by the foreign
employer shall be conducted;
" (c.3) No group or groups of medical clinics shall have a monopoly of exclusively
conducting health examinations on migrant workers for certain receiving countries;
" (c.4) Every Filipino migrant worker shall have the freedom to choose any of the
DOH-accredited or DOH-operated clinics that will conduct his/her health
examinations and that his or her rights as a patient are respected. The decking
practice, which requires an overseas Filipino worker to go first to an office for
registration and then farmed out to a medical clinic located elsewhere, shall not be
allowed;
" (c.5) Within a period of three (3) years from the effectivity of this Act, all DOH
regional and/or provincial hospitals shall establish and operate clinics that can be
serve the health examination requirements of Filipino migrant workers to provide
them easy access to such clinics all over the country and lessen their transportation
and lodging expenses and
" (c.6) All DOH-accredited medical clinics, including the DOH-operated clinics,
conducting health examinations for Filipino migrant workers shall observe the same
standard operating procedures and shall comply with internationally-accepted
standards in their operations to conform with the requirements of receiving
countries or of foreign employers/principals.
"Any Foreign employer who does not honor the results of valid health examinations
conducted by a DOH-accredited or DOH-operated clinic shall be temporarily
disqualified from the participating in the overseas employment program, pursuant to
POEA rules and regulations.
"In case an overseas Filipino worker is found to be not medically fit upon his/her
immediate arrival in the country of destination, the medical clinic that conducted the
health examination/s of such overseas Filipino worker shall pay for his or her
repatriation back to the Philippines and the cost of deployment of such worker.
"Any government official or employee who violates any provision of this subsection
shall be removed or dismissed from service with disqualification to hold any
appointive public office for five(5) years. Such penalty is without prejudice to any
other liability which he or she may have incurred under existing laws, rules or
regulations.
"(d) Local Government Units. - In the fight against illegal recruitment, the local
government units (LGUs), in partnership with the POEA, other concerned
government agencies , and non-government organizations advocating the rights
and welfare of overseas Filipino workers, shall take a proactive stance by being
primarily responsible for the dissemination of information to their constituents on all
aspects of overseas employment. To carry out this task, the following shall be
undertaken by the LGUs:
"(d.1) Provide a venue for the POEA, other concerned government agencies and
non-government organizations to conduct PEOS to their constituents on a regular
basis;
"(d.2) Establish overseas Filipino worker help desk or kiosk in their localities with
the objective of providing current information to their constituents on all the
processes aspects of overseas employment. Such desk or kiosk shall, as be linked
to the database of all concerned government agencies, particularly the POEA for its
updated lists of overseas job orders and licensed recruitment agencies in good
standing."
(SEC. 17-SEC. 18)
(NOTE: SEC 17 AMENDED BY RA 10022, SEC. 10)
16 | P a g e
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."
(NOTE: SEC 18 AMENDED BY RA 10022, SEC. 11)
Section 11. Section 18 of Republic Act No. 8042, as amended is hereby amended
to read as follows:
"SEC. 18. Functions of the National Reintegration Center for Overseas Filipino
Workers. -The Center shall provide the following services:
"(a) Develop and support programs and projects for livelihood, entrepreneurship,
savings, investments and financial literacy for returning Filipino migrant workers
and their families in coordination with relevant stakeholders, service providers and
international organizations;
"(b) Coordinate with appropriate stakeholders, service providers and relevant
international organizations for the promotion, development and the full utilization of
overseas Filipino worker returnees and their potentials;
"(c) Institute, in cooperation with other government agencies concerned, a
computer-based information system on returning Filipino migrant workers shall be
accessible to all local recruitment agencies and employers, both public and private;
"(d) Proved a periodic study and assessment of job opportunities for returning
Filipino migrant workers;
"(e) Develop and implement other appropriate programs to promote the welfare of
returning Filipino migrant workers;
"(f) Maintain an internet-based communication system for on-line registration and
interaction with clients, and maintain and upgrade computer-based service
capabilities of the NRCO;
"(g) Develop capacity-building programs for returning overseas Filipino workers and
their families, implementers, service providers, and stakeholders; and
"(h) Conduct research for policy recommendations and program development."
(SEC. 24-26)
SEC. 24. LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS. - There is
hereby created the position of Legal Assistant for Migrant Workers Affairs under the
Department of Foreign Affairs who shall be primarily responsible for the provision
and overall coordination of all legal assistance services to be provided to Filipino
migrant workers as well as overseas Filipinos in distress. He shall have the rank,
salary and privileges equal to that of an undersecretary of said Department.
The said Legal Assistant for Migrant Workers Affairs shall be appointed
by the President and must be of proven competence in the field of law with at least
ten (10) years of experience as a legal practitioner and must not have been a
candidate to an elective office in the last local or national elections.
Among the functions and responsibilities of the aforesaid Legal Assistant
are:
(a) To issue the guidelines, procedures and criteria for the provisions of
legal assistance services to Filipino migrant workers;
(b) To establish close linkages with the Department of Labor and
Employment, the POEA, the OWWA and other government agencies concerned, as
well as with non-governmental organizations assisting migrant workers, to ensure
effective coordination and cooperation in the provision of legal assistance to
migrant workers;
(c) To tap the assistance of reputable law firms and the Integrated Bar of
the Philippines and other bar associations to complement the government's efforts
to provide legal assistance to migrant workers;
(d) To administer the legal assistance fund for migrant workers
established under Section 25 hereof and to authorize disbursements there from in
accordance with the purposes for which the fund was set up; and
(e) To keep and maintain the information system as provided in Section
20.
The legal Assistant for Migrant Workers Affairs shall have authority to
hire private lawyers, domestic or foreign, in order to assist him in the effective
discharge of the above functions.
(NOTE: SEC 25, 26 AMENDED BY RA 10022, SEC. 18, 19 respectively)
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
17 | P a g e
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."
Section 19. Section 26 of Republic Act No. 8042, as amended, is hereby amended
to read as follows:
"SEC. 26. Uses of the Legal Assistance Fund. - The Legal Assistance Fund created
under the preceding section shall be used exclusively6 to provide legal services to
migrant workers and overseas Filipinos in distress in accordance with the
guidelines, criteria and procedures promulgated in accordance with Section 24 ( a )
herof. The expenditures to be charged against the Fund shall include the fees for
the foreign lawyers to be hired by the Legal Assistant for Migrant Workers Affairs to
represent migrant workers facing charges or in filing cases against erring or
abusive employers abroad, bail bonds to secure the temporary releases and other
litigation expenses: Provided, That at the end of every year, the Department of
Foreign Affairs shall include in its report to Congress, as provided for under Section
33 of this Act, the status of the Legal Assistance Fund, including the expenditures
from the said fund duly audited by the Commission on Audit (COA): Provided,
further, That the hiring of foreign legal counsels, when circumstances warrant
urgent action, shall be exempt from the coverage of Republic Act No. 9184 or the
Government Procurement Act."
(SEC. 10)
(NOTE: SEC 10 AMENDED BY RA 10022, SEC. 7)
Section 7. Section 10 of Republic Act No. 8042, as amended, is hereby amended to
read as follows:
"SEC. 10. Money Claims. - Notwithstanding any provision of law to the contrary, the
Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the
original and exclusive jurisdiction to hear and decide, within ninety (90) calendar
days after the filing of the complaint, the claims arising out of an employer-
employee relationship or by virtue of any law or contract involving Filipino workers
for overseas deployment including claims for actual, moral, exemplary and other
forms of damage. Consistent with this mandate, the NLRC shall endeavor to update
and keep abreast with the developments in the global services industry.
"The liability of the principal/employer and the recruitment/placement agency for
any and all claims under this section shall be joint and several. This provision shall
be incorporated in the contract for overseas employment and shall be a condition
precedent for its approval. The performance bond to de filed by the
recruitment/placement agency, as provided by law, shall be answerable for all
money claims or damages that may be awarded to the workers. If the
recruitment/placement agency is a juridical being, the corporate officers and
directors and partners as the case may be, shall themselves be jointly and solidarily
liable with the corporation or partnership for the aforesaid claims and damages.
"Such liabilities shall continue during the entire period or duration of the
employment contract and shall not be affected by any substitution, amendment or
modification made locally or in a foreign country of the said contract.
"Any compromise/amicable settlement or voluntary agreement on money claims
inclusive of damages under this section shall be paid within thirty (30) days from
approval of the settlement by the appropriate authority.
"In case of termination of overseas employment without just, valid or authorized
cause as defined by law or contract, or any unauthorized deductions from the
migrant worker's salary, the worker shall be entitled to the full reimbursement if his
placement fee and the deductions made with interest at twelve percent (12%) per
annum, plus his salaries for the unexpired portion of his employment contract or for
three (3) months for every year of the unexpired term, whichever is less.
"In case of a final and executory judgement against a foreign employer/principal, it
shall be automatically disqualified, without further proceedings, from participating in
the Philippine Overseas Employment Program and from recruiting and hiring
Filipino workers until and unless it fully satisfies the judgement award.
"Noncompliance with the mandatory periods for resolutions of case provided under
this section shall subject the responsible officials to any or all of the following
penalties:
"(a) The salary of any such official who fails to render his decision or resolution
within the prescribed period shall be, or caused to be, withheld until the said official
complies therewith;
"(b) Suspension for not more than ninety (90) days; or
18 | P a g e
"(c) Dismissal from the service with disqualification to hold any appointive public
office for five (5) years.
"Provided, however, That the penalties herein provided shall be without prejudice to
any liability which any such official may have incured under other existing laws or
rules and regulations as a consequence of violating the provisions of this
paragraph."
5. REPATRIATION (SEC. 15, 23 B2, 16)
(SEC. 15)
SEC. 15. REPATRIATION OF WORKERS; EMERGENCY REPATRIATION FUND.
- The repatriation of the worker and the transport of his personal belongings shall
be the primary responsibility of the agency which recruited or deployed the worker
overseas. All costs attendant to repatriation shall be borne by or charged to the
agency concerned and/or its principal. Likewise, the repatriation of remains and
transport of the personal belongings of a deceased worker and all costs attendant
thereto shall be borne by the principal and/or local agency. However, in cases
where the termination of employment is due solely to the fault of the worker, the
principal/employer or agency shall not in any manner be responsible for the
repatriation of the former and/or his belongings.
The Overseas Workers Welfare Administration (OWWA), in coordination
ith appropriate international agencies, shall undertake the repatriation of workers in
cases of war, epidemic, disasters or calamities, natural or man-made, and other
similar events without prejudice to reimbursement by the responsible principal or
agency. However, in cases where the principal or recruitment agency cannot be
identified, all costs attendant to repatriation shall be borne by the OWWA.
For this purposes, there is hereby created and established an emergency
repatriation fund under the administration control and supervision of the OWWA,
initially to consist of one hundred million pesos (P100,000,000.00), inclusive of
outstanding balances.
(SEC. 23 b2)
(NOTE: SEC 23 b2 AMENDED BY RA 10022, SEC. 15)
Section 15. Sub-paragraph (b.2) of Paragraph (b) of Section 23 of Republic Act No.
8042, as amended, is hereby amended to read as follows:
"(b.2) Overseas Workers Welfare Administration. - The Welfare officer of 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."
(SEC. 16)
(NOTE: SEC 16 AMENDED BY RA 10022, SEC. 9)
Section 9. Section 16 of Republic Act No. 8042, as amended, is hereby amended to
read as follows:
"SEC. 16. Mandatory Repatriation of Underage Migrant Workers. - Upon discovery
or being informed of the presence of migrant workers whose ages fall below the
minimum age requirement for overseas deployment, the responsible officers in the
foreign service shall without delay repatriate said workers and advise the
Department of Foreign Affairs through the fastest means of communication
available of such discovery and other relevant information. The license of a
recruitment/manning agency which recruited or deployed an underage migrant
worker shall be automatically revoked and shall be imposed a fine of not less than
Five hundred thousand pesos (Php 500,000.00) but not more than One million
pesos (Php 1,000,000.00). All fees pertinent to the processing of papers or
documents in the recruitment or deployment shall be refunded in full by the
responsible recruitment/manning agency, without need of notice, to the underage
migrant worker or to his parents or guardian. The refund shall be independent of
and in addition to the indemnification for the damages sustained by the underage
migrant worker. The refund shall be paid within thirty (30) days from the date of the
mandatory repatriation as provided for in this Act."
6. THE INFORMATION SHARING MECHANISM (SEC. 20)
(SEC. 20)
(NOTE: SEC 20 AMENDED BY RA 10022, SEC. 13)
Section 13. Section 20 of Republic Act No. 8042, as amended, is hereby amended
to read as follows:
"SEC. 20. Establishment of a Shared Government Information System for
Migration. - An interagency committee composed of the Department of Foreign
Affairs and its attached agency, the Commission on Filipinos Overseas, the
Department of Labor and Employment and its attached concerned agencies, the
Department of Tourism, the Department of Justice the Bureau of Immigration, the
National Bureau of Investigation, the Department of the Interior and Local
Government, the National Telecommunications Commission, the Commission on
Information and Communications Technology, the National Computer Center, the
National Statistical and Coordination Board, the National Statistics Office and other
government agencies concerned with overseas employment shall be established to
implement a shared government information system for migration. The interagency
committee shall initially make available to itself the information contained in existing
data bases/files. The second phase shall involve linkaging of computer facilities on
order to allow free-flow data exchanges and sharing among concerned agencies.
19 | P a g e
"The inter-agency committee shall be co-chaired by the Department of Foreign
Affairs and the Department of Labor and Employment. The National Computer
Center shall provide the necessary technical assistance and shall set the
appropriate information and communications technology standards to facilitate the
sharing of information among the member agencies.
"The inter-agency committee shall meet regularly to ensure the immediate and full
implementation of this section and shall explore the possibility setting up a central
storage facility for the data on migration. The progress of the implementation of this
section shall be include in the report to Congress of the Department of Foreign
Affairs and the Department of Labor and Employment under Section 33.
"The inter-agency committee shall convene to identify existing data bases which
shall be declassified and shared among member agencies. These shared data
bases shall initially include, but not be limited to, the following information:
"(a) Masterlists of Filipino migrant workers/overseas Filipino classified according to
occupation/job category, civil status, by country/state of destination including visa
classification;
"(b) Inventory of pending legal cases involving Filipino migrant workers and other
Filipino nationals, including those serving prison terms;
"(c) Masterlists of departing/arriving Filipinos;
"(d) Statistical profile on Filipino migrant workers/overseas Filipinos/tourists;
"(e) Blacklisted foreigners/undesirable aliens;
"(f) Basic data on legal systems, immigration policies, marriage laws and civil and
criminal codes in receiving countries particularly those with large numbers of
Filipinos;
"(g) List of Labor and other human rights instruments where receiving countries are
signatories;
"(h) A tracking system of past and present gender disaggregated cases involving
male and female migrant workers, including minors; and
"(i) Listing of overseas posts which may render assistance to overseas Filipinos, in
general, and migrant workers, in particular."
7. TRAVEL ADVISORY/ INFORMATION DISSEMINATION (SEC. 14)
(SEC. 14)
SEC. 14. TRAVEL ADVISORY/INFORMATION DISSEMINATION. - To give utmost
priority to the establishment of programs and services to prevent illegal recruitment,
fraud, and exploitation or abuse of Filipino migrant workers, all embassies and
consular offices, through the Philippine Overseas Employment Administration
(POEA), shall issue travel advisories or disseminate information on labor and
employment conditions, migration realities and other facts; and adherence of
particular countries to international standards on human and workers' rights which
will adequately prepare individuals into making informed and intelligent decisions
about overseas employment. Such advisory or information shall be published in a
newspaper of general circulation at least three (3) times in every quarter.
C. RECRUITMENT
1. Local Recruitment Dept. Order No. 141-14
a. What if recruitment? Art. 13 (b)
“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.
b. Who can engage in recruitment? Art. 27-28, 30-31, DO 141-14 Sec 4
(Art. 27-28)
Art. 27. Citizenship requirement. Only Filipino citizens or corporations,
partnerships or entities at least seventy-five percent (75%) of the
authorized and voting capital stock of which is owned and controlled
by Filipino citizens shall be permitted to participate in the recruitment
and placement of workers, locally or overseas.
Art. 28. Capitalization. All applicants for authority to hire or renewal of
license to recruit are required to have such substantial capitalization
as determined by the Secretary of Labor.
(Art. 30-31)
Art. 30. Registration fees. The Secretary of Labor shall promulgate a
schedule of fees for the registration of all applicants for license or
authority.
Art. 31. Bonds. All applicants for license or authority shall post such
cash and surety bonds as determined by the Secretary of Labor to
guarantee compliance with prescribed recruitment procedures, rules
and regulations, and terms and conditions of employment as may be
appropriate.
DO 141-14 Sec 4
Section 4. Qualifications. – The applicant for a license to operate a
private employment agency must possess the following:
a. Filipino citizens for single proprietorship and seventy five percent
(75%) of the authorized capital stock is owned and controlled by
Filipino citizens for partnership and corporation.
20 | P a g e
 b. Minimum net worth of P1,000,000.00 in case of single proprietorship and
a minimum paid up capital of P1,000,000.00 in case of partnership and
corporation; and
c. Not otherwise disqualified by law or other government rules and
regulations to engage in the business of recruitment and placement of
workers for local employment.
Section 5. Disqualification. – The following are not qualified to engage in the
business of recruitment and placement for local employment:
a. Those who are convicted of illegal recruitment, trafficking in persons, anti-
child labor violation, or crimes involving moral turpitude;
b. Those against whom probable cause or prima facie finding of guilt for
illegal recruitment or other related cases exist particularly to owners or
directors of agencies who have committed illegal recruitment or other
related cases.
c. Those agencies whose licenses have been previously revoked or
cancelled by the Department under Sec. 54 of these rules.
d. Cooperatives whether registered or not under the Cooperative Act of the
Philippines.
e. Law enforcers and any official and employee of the Department of Labor
and Employment (DOLE).
f. Sole proprietors of duly licensed agencies are prohibited from securing
another license to engage in recruitment and placement.
g. Sole proprietors, partnerships or corporations licensed to engage in private
recruitment and placement for local employment are prohibited from
engaging in job contracting or sub contracting activities.
c. Implications of grant of the license/authority (Art. 29. DO 141-14 sec 15, 12-13)
(Art. 29)
Art. 29. Non-transferability of license or authority. No license or authority shall
be used directly or indirectly by any person other than the one in whose favor it
was issued or at any place other than that stated in the license or authority be
transferred, conveyed or assigned to any other person or entity. Any transfer of
business address, appointment or designation of any agent or representative
including the establishment of additional offices anywhere shall be subject to
the prior approval of the Department of Labor.
(Sec 15, 12-13)
Section 15. Non-transferability of license or authority. – The license or authority
to recruit shall not be transferred, conveyed or assigned to any person or entity
other than the one in whose favor it was issued.
Section 12. Validity of the license. – The license shall be valid for period of three
(3) years from the date of issuance unless sooner revoked or cancelled.
Section 13. Renewal of the license. – An application for renewal of license must
be filed not earlier than sixty (60) days but not later than thirty (30) days before
its expiration. The validity of the renewal license shall start on the date of
expiration of the previous license.
The filing of such application after the lapse of the prescribed period shall be
subject to penalties as provided for in these rules.
The application for renewal must be accompanied with the requirements
provided under section 6 together with copies of placement reports.
d. Fees to be paid by workers (Art. 32, Sec 35)
(Art. 32)
Art. 32. Fees to be paid by workers. Any person applying with a private
feecharging employment agency for employment assistance shall not be
charged any fee until he has obtained employment through its efforts or has
actually commenced employment. Such fee shall be always covered with the
appropriate receipt clearly showing the amount paid. The Secretary of Labor
shall promulgate a schedule of allowable fees.
(Sec 35)
Section 35. Fees and Charges.
No fees whatsoever shall be collected neither deducted from the salaries or
wages of the workers.
An agency may charge the following:
1. Service fee. – An agency may charge the employers a service fee as may
be agreed upon by the agency and the employer. In no care shall the
service fee be deducted from the worker’s salary.
2. Transportation expenses. – The transportation expenses for the transfer of
the worker from the place of residence to the place of work shall be
charged to the employer, and shall in no case be deducted from the
worker’s salary.
e. Prohibitions (Art. 26, 34, DO 141-14 sec. 42, 51)
(Art. 26)
Art. 26. Travel agencies prohibited to recruit. Travel agencies and sales
agencies of airline companies are prohibited from engaging in the business of
recruitment and placement of workers for overseas employment whether for
profit or not.
(Art. 34)
Art. 34. Prohibited practices. It shall be unlawful for any individual, entity,
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, or to make a worker pay 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;
21 | P a g e
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
this Code.
d. To induce or attempt to induce a worker already employed to quit his
employment in order to offer him to another unless the transfer is designed to
liberate the worker from oppressive terms and conditions of employment;
e. To influence or to attempt to influence any person or entity not to employ any
worker who has not applied for employment through his agency;
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;
g. To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his
duly authorized representatives;
h. To fail to file 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.
i. To substitute or alter employment contracts approved and verified by the
Department of Labor from the time of actual signing thereof by the parties up to
and including the periods of expiration of the same without the approval of the
Secretary of Labor;
j. 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 a
travel agency; and
k. To withhold or deny travel documents from applicant workers before departure
for monetary or financial considerations other than those authorized under this
Code and its implementing rules and regulations.
(DO 141-14 sec. 42)
Section 42. Acts constituting illegal recruitment. – Illegal recruitment shall mean any
act of canvassing, enlisting, contracting, utilizing, hiring or procuring workers and
includes referrals, contract services, promising or advertising for local employment,
whether for profit or not, when undertaken by a non-licensee or non-holder of
authority; 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 employment to two or more persons shall be deemed so
engaged.
The following acts shall be unlawful when committed by any person whether or not
a holder of a license or authority:
a. To charge or accept directly or indirectly any amount or to make a worker pay the
agency or its representatives any amount greater than that actually loaned or
advanced to him;
b. To furnish or publish any false notice or information 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;
d. To induce 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;
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;
g. To obstruct or attempt to obstruct inspection by the Secretary or by his/her duly
authorized representatives;
h. To substitute or alter to the prejudice of the worker, employment contract
prescribed by the Department 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.
(Sec 51)
Section 51. Classification of offenses. – Administrative offenses are classified into
serious, less serious and light, depending on the gravity. The Regional Director,
after observance of due process, shall impose the appropriate administrative
penalties in very recruitment violation.
a. The following are considered serious offenses with the penalty of cancellation of
license/authority:
1. Recruitment and placement of workers in violation of anti-child labor laws.
2. Engaging in acts of misrepresentation for the purpose of securing a license or
renewal thereof.
3. Engaging 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.
4. Transferring, conveying or assigning the license/authority to any person or entity
other than the one in whose favor it was issued.
5. Charging or accepting directly or indirectly any amount form the worker.
6. Continuous operation despite suspended license or authority.
7. Conviction for violation of any of the provisions of Republic Act No. 9208, known
as the Anti-Trafficking in Persons Act of 2003, or Republic Act No. 7610, as
amended by Republic Act No. 9231 and the Implementing Rules and Regulations.
8. Obstructing or attempting to obstruct inspection by the Secretary, the Regional
Director or their duly authorized representatives.
9. Substituting or altering to the prejudice of the worker, employment contracts to
be approved by the Regional Office form 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 Regional Office.
10. Inducing or attempting to induce an already employed worker to transfer from or
leave his employment for another unless the transfer is designed to liberate a
worker from oppressive terms and conditions of employment.
11. Influencing or attempting to influence any person or entity not to employ any
worker who has not applied for employment through his agency.
b. The following are less serious offenses with their corresponding penalties:
First Offense – Suspension of license for two (2) months to six (6) months
Second Offense – Suspension of license for six (6) months to one (1) year
Third Offense – Cancellation of License
1. Engaging in acts of misrepresentation in connection with recruitment and
placement of workers.
2. Engaging in recruitment activities in places other than that specified in the
license without previous authorization from the Department.
22 | P a g e
3. Appointing or designating agents, representatives or employees without prior
approval of the Department.
4. Failure to comply with the undertaking to provide Pre-Employment Orientation
(PEO) to workers.
5. Coercing workers to accept prejudicial arrangements in exchange for certain
benefits that rightfully belong to the workers.
6. Disregard of orders, notices and other legal processes issued by the
Department.
7. Failure to submit within the prescribed period the required reports related to local
recruitment and placement.
8. Violation of other pertinent provisions of the Code and other relevant laws, rules
and regulations, guidelines and issuances on recruitment and placement of workers
for local employment and the protection of their welfare, including the filing or
renewal of license or authority beyond the prescribed period.

3. RECRUITMENT FOR OVERSEAS EMPLOYMENT (Art. 16, 18, 25-26); RA

8042 as amended
(Art. 16)
Art. 16. Private recruitment. Except as provided in Chapter II of this Title, no
person or entity other than the public employment offices, shall engage in the
recruitment and placement of workers.

(Art. 18)
Art. 18. Ban on direct-hiring. No employer may hire a Filipino worker for
overseas employment except through the Boards and entities authorized by the
Secretary of Labor. Direct-hiring by members of the diplomatic corps,
international organizations and such other employers as may be allowed by the
Secretary of Labor is exempted from this provision.

(Art. 25)
Art. 25. Private sector participation in the recruitment and placement of
workers. Pursuant to national development objectives and in order to harness
and maximize the use of private sector resources and initiative in the
development and implementation of a comprehensive employment program,
the private employment sector shall participate in the recruitment and
placement of workers, locally and overseas, under such guidelines, rules and
regulations as may be issued by the Secretary of Labor.

(Art. 26)
Art. 26. Travel agencies prohibited to recruit. Travel agencies and sales
agencies of airline companies are prohibited from engaging in the business of
recruitment and placement of workers for overseas employment whether for
profit or not.

a. Regulation of private recruitment activities (RA 9422 sec 2-3)

b. What is recruitment? Sec.6

23 | P a g e