After reading “Who May Exercise Regulatory Powers Over Recruitment And Placement Activities?”, read also “Are Strikes And Lockouts In Hospitals, Clinics, And Similar Medical Institutions Prohibited?”
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The Philippine Overseas Employment Administration connects to the world and in partnership with all stakeholders, facilitates the generation and preservation of decent jobs for Filipino migrant workers, promotes their protection and advocates their smooth reintegration into Philippine society.
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The Bureau of Local Employment shall promote full employment by facilitating access of Filipino jobseekers to local employment opportunities through policy researches, standards setting, strategy development, labor market analysis and provision of technical assistance to regional implementors in support of employment service operations.
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The Department of Labor and Employment is the national government agency mandated to formulate and implement policies and programs, and serve as the policy-advisory arm of the Executive Branch in the field of labor and employment.
The following may exercise regulatory powers over recruitment and placement activities:
- Philippine Overseas Employment Administration (POEA);
- Bureau of Local Employment (BLE); and
- The Secretary of Labor.
The law says:
The POEA shall continue to regulate private sector participation in the recruitment and overseas placement of workers through its licensing and registration system pursuant to its Rules and Regulations on Overseas Employment.
POEA shall 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. The POEA shall come up with a package of incentives for deserving manning agencies and service contractors, along with the policy that the deployment of workers by such entities shall be encouraged. (Section 7, Rule IV, IRR of R.A. No. 8042, as amended)
The POEA is the entity which assumed the overseas functions of the Bureau of Employment Services (BES) by virtue of E.O. No. 797. POEA also absorbed the task of the National Seamen Board by virtue of the same executive order.
The law says:
There is hereby created a BLE, which shall assume the functions of the Bureau of Apprenticeship and the domestic employment functions of the Bureau of Employment Services, and which shall absorb applicable functions, appropriations, records, equipment, property, and such personnel as may be necessary of the abolished units.
The BLE assumed domestic employment functions of BES and shall absorb applicable functions, appropriations, records, equipment, property, and such personnel as may be necessary of the abolished units. The BES shall establish and maintain a registration and/or licensing system to regulate private sector participation in the recruitment and placement of workers locally.
The law says:
The Secretary of Labor shall have the power to restrict and regulate the recruitment and placement activities of all agencies within the coverage of this Title (Recruitment and Placement of Workers) and is hereby authorized to issue orders and promulgate rules and regulations to carry out the objectives and implement the provisions of this Title. (Section 36, Labor Code.)
The Secretary of Labor may exercise regulatory powers to restrict and regulate the recruitment and placement activities of all covered agencies and issue orders and promulgate rules and regulations and visitorial powers to inspect at any time the premises, books of accounts and records of any covered person or entity, require it to submit reports regularly, and act on violation of any provisions of the Labor Code.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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