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| Philippine Laws on Working/Living Abroad |
The Labor Code of the Philippines continued…
Recruitment and Placement of Workers
Definitions (Article 13)
- "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.
Employment promotion (Article 14)
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.
Bureau of Employment Services (Article 15)
- 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;
- 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.
Private recruitment (Article 16)
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.
Back to Important Laws
Page 1: Pre-Employment
Page 3: Employment and Foreign Recruitment
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