Published — June 3, 2022
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
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The policy of the First Time Jobseekers Assistance Act is to promote full employment and equality of access to gainful work and opportunities.
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The First Time Jobseekers Assistance Act aims to expand accessibility of government services.
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All concerned government agencies and instrumentalities including government-owned and controlled corporations (GOCCs), local government units (LGUs), and government hospitals shall not collect fees or charges from a first-time jobseeker, provided this fee or charge is in connection with the application for and the granting of licenses, proofs of identification, clearances, certificates, or other documents required for employment.
The law says:
Article XIII Section 3 of the 1987 Philippine Constitution states that:
“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.”
In light of this Constitutional mandate, Republic Act No. 11261 or the Act Waiving Government Fees and Charges in the Issuance of Documents Required in the Application for Employment of First Time Jobseekers, otherwise known as the “First Time Jobseekers Assistance Act” was enacted on July 23, 2018.
To better promote full employment and equality of access to gainful work and opportunities, the First Time Jobseekers Assistance Act aims to expand accessibility of government services. To wit:
“Section 2. Declaration of State Policy. It is the policy of the State to promote full employment and equality of gainful work and opportunities for its citizens. As such, the State shall expand accessibility to government services and provide incentives to improve a first-time jobseeker’s access to employment.”
Endeavoring on this policy, all government agencies and instrumentalities including government-owned and controlled corporations (GOCCs), local government units (LGUs), and government hospitals shall not collect fees or charges from a first-time jobseeker, provided this fee or charge is in connection with the application for and the granting of licenses, proofs of identification, clearances, certificates, or other documents required for employment. (Section 3, R.A. No. 11261)
Who are considered as “First Time Jobseekers”?
The benefits of R.A. No. 11261 are available to first-time jobseekers only. Section 2 (d) of the Implementing Rules and Regulations of the First Time Jobseekers Assistance Act provides for a definitive enumeration of who can be classified as a first-time jobseeker. It states that:
“(d) First Time Jobseeker – a Filipino citizen who is actively seeking employment, locally or abroad, for the first time, as certified by the barangay of which he/she is a resident for the said purpose, particularly:
- Graduates from all schools, colleges, and universities, and learning institutions offering technical-vocational courses.
For purposes of this Rules, a graduate is a Filipino who finished an associate degree or a bachelor’s degree from any college or university, or completed a technical-vocational course from any learning institution in the Philippines, as well as high school graduates who have completed the K-12 program;
- An early school leaver or out of school youth (OSY);
- A person not employed or engaged in education or training, who was not previously enrolled in any educational institution or who has not finished secondary education;
- A student taking a leave of absence from an institution offering college or tertiary education or from a technical-vocational course; or
- Any person intending to work while enrolled in any school, college, university, or learning institution offering technical and vocational courses.”
What are the responsibilities of a First Time Jobseeker?
Section 8 of the Implementing Rules and Regulations of the First Time Jobseekers Assistance Act provides that:
“Section 8. Responsibilities of the Jobseeker. To ensure the successful implementation of the Act, the following must be observed by the first-time jobseeker:
- Secure the barangay certification from his/her place of residence;
- Execute an Oath of Undertaking to be provided by the barangay relative to his/her request for a barangay certification;
- Present the original barangay certification to the officer of the concerned agency to avail the benefits of the Act;
- Abide by the rules of relevant agencies in securing a certificate or other pre-employment documentary requirements; and
- Report back to the barangay, whether in person or through other modes of communication, after successfully obtaining employment.”
What governmental transactions are covered in the First Time Jobseekers Assistance Act?
Section 5 of the Implementing Rules and Regulations of the First Time Jobseekers Assistance Act enumerates the governmental transactions wherein no fees shall be collected from first time jobseekers, to wit:
“Section 5. Covered Governmental transactions. – Subject to the requirement in Section 4, no fees and other charges shall be collected from first time jobseekers when obtaining the following:
- Barangay certification and clearance for First Time Jobseekers;
- Police Clearance issued by the local or national PNP office;
- NBI clearance;
- Medical certificate from public hospitals, except laboratory tests and other medical procedures that are required in the grant of a medical certificate;
- Birth and marriage certificate issued by the PSA;
- Transcript of academic records, and/or certificate of graduation/completion, and/or diploma, issued by state colleges and universities and local universities and colleges;
- Taxpayer’s Identification number (TIN) issued by the BIR; and
- Other documentary requirements, such as: CSC Certificate of Eligibility; PhilHealth ID; POEA Certificates; Mayor’s Clearance issued by Business Processing and Licensing Office; MARINA Certificates; TESDA national Certificates and Certificates of Competencies for those who actually underwent the process of TESDA’s Competency Assessment; and other issued by the government agencies that may be required by employers from job applicants.
What are the responsibilities of the concerned government agencies in relation to R.A. No. 11261?
To ensure the proper implementation of the law, the government agencies concerned are further mandated to maintain and update a roster of all individuals who have been issued documents free of charge, which shall be regularly submitted to the Department of Information and Communications Technology (DICT). The DICT is then required to compile a database which should be readily accessible to all relevant agencies. Aside from this database, the law also creates an interagency committee composed of the Secretary of Department of Labor and Employment (DOLE) as chairperson and the heads of the CSC, DICT, Department of Finance (DoF), Department of Education (DepEd), Commission on Higher Education (CHED), National Youth Commission (NYC), Technical Education and Skills Development Authority (TESDA) as members. Further, each relevant government agency is tasked to take specific steps for a more effective implementation of this law. (Section 12, R.A. No. 11261)
No government agency or instrumentality shall issue unduly restrictive regulations which will render nugatory the benefits provide under R.A. No. 11261. (Section 13, IRR of R.A. No. 11261)
Most importantly, concerned government agencies shall ensure that all the beneficiaries of the First Time Jobseekers Assistance Act shall not be subject to any form of discrimination in availing the benefits provided under the First Time Jobseekers Assistance Act.
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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