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| Philippine Laws on Working/Living Abroad |
The Labor Code of the Philippines continued…
Recruitment and Placement of Workers
Overseas Employment Development Board (Article 17)
An Overseas Employment Development Board is hereby created to undertake, in cooperation with relevant entities and agencies, a systematic program for overseas employment of Filipino workers in excess of domestic needs and to protect their rights to fair and equitable employment practices. It shall have the power and duty:
- To promote the overseas employment of Filipino workers through a comprehensive market promotion and development program;
- To secure the best possible terms and conditions of employment of Filipino contract workers on a government-to-government basis and to ensure compliance therewith;
- To recruit and place workers for overseas employment on a government-to-government arrangement and in such other sectors as policy may dictate; and
- To act as secretariat for the Board of Trustees of the Welfare and Training Fund for Overseas Workers.
Ban on direct-hiring (Article 18)
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.
Office of Emigrant Affairs (Article 19)
- Pursuant to the national policy to maintain close ties with Filipino migrant communities and promote their welfare as well as establish a data bank in aid of national manpower policy formulation, an Office of Emigrant Affairs is hereby created in the Department of Labor. The Office shall be a unit at the Office of the Secretary and shall initially be manned and operated by such personnel and through such funding as are available within the Department and its attached agencies. Thereafter, its appropriation shall be made part of the regular General Appropriations Decree.
- The office shall, among others, promote the well-being of emigrants and maintain their close link to the homeland by:
- serving as a liaison with migrant communities;
- provision of welfare and cultural services;
- promote and facilitate re-integration of migrants into the national mainstream;
- promote economic; political and cultural ties with the communities; and
- generally to undertake such activities as may be appropriate to enhance such cooperative links.
National Seamen Board (Article 20)
National Seamen Board is hereby created which shall develop and maintain a comprehensive program for Filipino seamen employed overseas. It shall have the power and duty:
- To provide free placement services for seamen;
- To regulate and supervise the activities of agents or representatives of shipping companies in the hiring of seamen for overseas employment and secure the best possible terms of employment for contract seamen workers and secure compliance therewith;
- To maintain a complete registry of all Filipino seamen.
- The Board shall have original and exclusive jurisdiction over all matters or cases including money claims, involving employer-employee relations, arising out of or by virtue of any law or contracts involving Filipino seamen for overseas employment. The decisions of the Board 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.
Foreign service role and participation (Article 21)
To provide ample protection to Filipino workers abroad, the labor attaches, the labor reporting officers duly designated by the Secretary of Labor and the Philippine diplomatic or consular officials concerned shall, even without prior instruction or advice from the home office, exercise the power and duty:
- To provide all Filipino workers within their jurisdiction assistance on all matters arising out of employment;
- To insure that Filipino workers are not exploited or discriminated against;
- To verify and certify as requisite to authentication that the terms and conditions of employment in contracts involving Filipino workers are in accordance with the Labor Code and rules and regulations of the Overseas Employment Development Board and National Seamen Board;
- To make continuing studies or researches and recommendations on the various aspects of the employment market within their jurisdiction;
- To gather and analyze information on the employment situation and its probable trends, and to make such information available; and
- To perform such other duties as may be required of them from time to time.
Mandatory remittance of foreign exchange earnings (Article 22)
It shall be mandatory for all Filipino workers abroad to remit a portion of their foreign exchange earnings to their families, dependents, and/or beneficiaries in the country in accordance with rules and regulations prescribed by the Secretary of Labor.
Composition of the Boards (Article 23)
- The OEDB shall be composed of the Secretary of Labor and Employment as Chairman, the Undersecretary of Labor as Vice-Chairman, and a representative each of the Department of Foreign Affairs, the Department of National Defense, the Central Bank, the Department of Education, Culture and Sports, the National Manpower and Youth Council, the Bureau of Employment Services, a workers’ organization and an employers’ organization and the Executive Director of the OEDB as members.
- The National Seamen Board shall be composed of the Secretary of Labor and Employment as Chairman, the Undersecretary of Labor as Vice-Chairman, the Commandant of the Philippine Coast Guard, and a representative each of the Department of Foreign Affairs, the Department of Education, Culture and Sports, the Central Bank, the Maritime Industry Authority, the Bureau of Employment Services, a national shipping association and the Executive Director of the NSB as members.
The members of the Boards shall receive allowances to be determined by the Board which shall not be more than Php2,000.00 per month.
- The Boards shall be attached to the Department of Labor for policy and program coordination. They shall each be assisted by a Secretariat headed by an Executive Director who shall be a Filipino citizen with sufficient experience in manpower administration, including overseas employment activities. The Executive Director shall be appointed by the President of the Philippines upon the recommendation of the Secretary of Labor and shall receive an annual salary as fixed by law. The Secretary of Labor shall appoint the other members of the Secretariat.
- The Auditor General shall appoint his representative to the Boards to audit their respective accounts in accordance with auditing laws and pertinent rules and regulations.
Boards to issue rules and collect fees (Article 24)
The Boards shall issue appropriate rules and regulations to carry out their functions. They shall have the power to impose and collect fees from employers concerned, which shall be deposited in the respective accounts of said Boards and be used by them exclusively to promote their objectives.
Back to Important Laws
Page 1: Pre-Employment
Page 2: Employment and Local Reruitment
Page 4: Recruitment/Placement Regulations
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