aPOEA Rules and Regulations

Governing the Recruitment and Employment

of Land-based Overseas Workers
PART I
GENERAL PROVISIONS
RULE I
STATEMENT OF POLICY

It is the policy of the Administration:

a. To uphold thea dignity and fundamental human rights of Filipino migrant workers and
promote full employment and equality of employment opportunities for all;
b. To protect every citizen desiring to work overseas by securing the best possible terms and
conditions of employment;
c. To allow the deployment of Filipino migrant workers only in countries where their rights are
protected;
d. To provide an effective gender-sensitive mechanism that can adequately protect and
safeguard the rights and interest of Filipino migrant workers;
e. To disseminate and allow free flow of information which will properly prepare individuals
into making informed and intelligent decisions about overseas employment;
f. To ensure careful selection of Filipino workers for overseas employment in order to protect
the good name of the Philippines abroad;
g. To institute a system to guarantee that migrant workers possess the necessary skills,
knowledge or experience for their overseas jobs;
h. To recognize the participation of the private sector in the recruitment and placement of
overseas workers to serve national development objectives;
i. To deregulate recruitment activities progressively taking into account emerging
circumstances, which may affect the welfare of migrant workers;
j. To support programs for the reintegration of returning migrant workers into Philippine
society; and
k. To cooperate with duly registered non-government organizations, in a spirit of trust and
mutual respect, in protecting and promoting the welfare of Filipino migrant workers.

RULE II
DEFINITION OF TERMS

For purposes of these Rules, the following terms are defined as follows:

1. Accreditation – shall refer to the grant of authority to a foreign principal to recruit and
hire Filipino workers through a licensed agency for overseas employment.
2. Administration – shall refer to the Philippine Overseas Employment Administration
(POEA).

3. Administrator – shall refer to the Administrator of the POEA.

4. Agency – shall refer to a private employment agency as defined herein.

5. Corporate Recruitment – shall refer to the act of providing the required manpower for
all facets of an overseas project.

6. Department – shall refer to the Department of Labor and Employment (DOLE).

7. Derogatory record – refers to the existence of negative information such as, but not
limited to, illegal recruitment, falsification, swindling or estafa, and/or conviction for
crimes involving moral turpitude.

8. Documentation cost – shall refer to actual cost incurred in the documentation of an

applicant-worker in relation to his/her application for overseas employment, such as,
but not limited to passport, NBI/ Police/Barangay clearance, authentication, birth
certificate, Medicare, PDOS, trade test, inoculation and medical examination fees.

9. Employment Contract – shall refer to an individual written agreement between the

foreign principal/employer and the worker, which is based on the master employment
contract.

10. Foreign Placement Agency – shall refer to a foreign principal indirectly engaging the
services of Overseas Filipino Workers.

11. Joint and Solidary Liability – refers to the nature of liability of the principal/employer
and the recruitment/placement agency, for any and all claims arising out of the
implementation of the employment contract involving Filipino workers for overseas
deployment. It shall likewise refer to the nature of liability of officers, directors, and
partners with the company over claims arising from employer-employee relationship.
12. License – shall refer to the document issued by the Secretary or his duly authorized
representative authorizing a person, partnership or corporation to operate a private
employment agency.

13. Master Employment Contract – shall refer to the model employment agreement
submitted by the foreign principal for verification and approval which contains the
terms and conditions of employment of each worker hired by such principal.

14. Name Hire – shall refer to a worker who is able to secure an overseas employment
opportunity with an employer without the assistance or participation of any agency.

15. New Market – shall refer to a principal or a foreign placement agency which is not in
the active list of registered of accredited principals/foreign placement agencies for the
past six months or more or which has never been registered or accredited to any
licensed landbased agency; Provided that in the case of a foreign placement agency,
its direct employer(s) are identified and are likewise not in the active list of registered
or accredited employer of any licensed landbased agency for the past six months or
more or has not been registered or accredited to any licensed landbased agency;

16. NLRC – shall refer to the National Labor Relations Commission.

17. Non-Licensee – shall refer to any person, partnership or corporation who has no valid
license to engage in recruitment and placement of Overseas Filipino Workers or whose
license is suspended.

18. Overseas Employment – shall refer to employment of a Filipino worker outside the
Philippines covered by a valid contract.

19. Overseas or Migrant Filipino Worker – shall refer to any person, eighteen years of age
or above, as provided in RA 8042, who is to be engaged, or is engaged or has been
engaged in a remunerated activity in a state of which the worker is not a legal resident;

20. Placement Fee – shall refer to the amount charged by a private employment agency
from a worker for its recruitment and placement services, as prescribed by the
Secretary.

21. Principal – shall refer to a foreign person, partnership, or corporation hiring Filipino
workers through a licensed agency.

22. Private Employment Agency – shall refer to any person, partnership or corporation
engaged in the recruitment and placement of workers for a fee, which is charged,
directly or indirectly, from the workers or employers or both.

23. Provisional License – refers to a license issued to a new agency with a limited period
of one (1) year within which an applicant shall comply with its undertaking to deploy
100 workers to its new market.

24. Recruitment Agreement – shall refer to an agreement by and between the principal
and the private employment agency or the Administration defining their rights and
obligations.

25. Recruitment and Placement – shall refer to any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring workers and includes referrals, contract
services, promising or advertising for employment 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.

26. Registration - shall refer to the act of recognizing and entering in the official records
of the Administration the existence of a foreign principal/employer or project whose
documents have been verified in the job site by the appropriate officials of the
Philippine government. It shall also refer to the act of entering in the official records
of the Administration the names of name hires and workers on leave who will depart
for overseas employment.

27. SEC – shall refer to the Securities and Exchange Commission.

28. Secretary – shall refer to the Secretary of Labor and Employment.

 29. Service Contractor – shall refer to any person, partnership or corporation duly licensed
by the Secretary of Labor and Employment to recruit workers for its accredited projects
or contracts overseas.

30. Service Fee – shall refer to the amount charged by a licensee from its foreign principal
as payment for actual services rendered in relation to the recruitment and placement
of workers.

31. Special Recruitment Authority – shall refer to the authority granted to an agency to
conduct recruitment outside its registered business address approved by the
Administration.

32. Valid Employment Contract – shall refer to an individual written agreement between
the foreign principal/employer and the worker which is based on the master
employment contract approved by the Administration.

33. Verification - shall refer to the act performed by a Philippine Overseas Labor Officer,
or any other officer designated by the Secretary of Labor and Employment in the
Philippine Embassy or Consulate, in reviewing and verifying the recruitment
documents of foreign principals, including the employment contracts of Filipino
nationals, with the view to establish the existence of the employing person, company
or project, its capability to hire workers at the acceptable rates, and at desirable
working conditions in conformity with the minimum standards prescribed by the
Administration and taking into consideration the labor laws and legislations of the host
government.

34. Worker-on-Leave – shall refer to an overseas worker who is on vacation or on leave

and is returning to the same employer.

PART II
LICENSING AND REGULATION
RULE I
PARTICIPATION OF THE PRIVATE SECTOR IN THE
OVERSEAS EMPLOYMENT PROGRAM

Section 1. Qualifications. Only those who possess the following qualifications may be
permitted to engage in the business of recruitment and placement of Filipino workers:

a. Filipino citizens, partnerships or corporations at least seventy five percent (75%) of

the authorized capital stock of which is owned and controlled by Filipino citizens;

b. A minimum capitalization of Two Million Pesos (P2,000,000.00) in case of a single

proprietorship or partnership and a minimum paid-up capital of Two Million Pesos
(P2,000,000.00) in case of a corporation; Provided that those with existing licenses
shall, within four years from affectivity hereof, increase their capitalization or paid up
capital, as the case may be, to Two Million Pesos (P2,000,000.00) at the rate of Two
Hundred Fifty Thousand Pesos (P250,000.00) every year.
 c. Those not otherwise disqualified by law or other government regulations to engage in
the recruitment and placement of workers for overseas employment.

Section 2. Disqualification. The following are not qualified to engage in the business of
recruitment and placement of Filipino workers overseas:

a. Travel agencies and sales agencies of airline companies;

b. Officers or members of the Board of any corporation or members in a partnership

engaged in the business of a travel agency;

c. Corporations and partnerships, when any of its officers, members of the board or
partners, is also an officer, member of the board or partner of a corporation or
partnership engaged in the business of a travel agency;

d. Persons, partnerships or corporations which have derogatory records, such as but not
limited to the following:

1) Those certified to have derogatory record or information by the National Bureau of

Investigation or by the Anti-Illegal Recruitment Branch of the POEA;

2) Those against whom probable cause or prima facie finding of guilt for illegal recruitment
or other related cases exists;

3) Those convicted for illegal recruitment or other related cases and/or crimes involving moral
turpitude; and

4) Those agencies whose licenses have been previously revoked or cancelled by the
Administration for violation of RA 8042, PD 442 as amended and their implementing rules and
regulations as well as these rules and regulations.

All applicants for issuance/renewal of license shall be required to submit clearances from the
National Bureau of Investigation and Anti-illegal Recruitment Branch, POEA, including
clearances or their respective officers and employees.

e. Any official or employee of the DOLE, POEA, OWWA, DFA and other government
agencies directly involved in the implementation of R.A. 8042, otherwise known as
Migrant Workers and Overseas Filipino Act of 1995 and/or any of his/her relatives
within the fourth civil degree of consanguinity or affinity; and

f. Persons or partners, officers and Directors of corporations whose licenses have been
previously cancelled or revoked for violation of recruitment laws.

RULE II
ISSUANCE OF LICENSE
Section 1. Requirements for Licensing. Every applicant for license to operate a private
employment agency shall submit a written application together with the following
requirements:

a. A certified copy of the Articles of Incorporation or of Partnership duly registered with

the Securities and Exchange Commission (SEC), in the case of corporation or
partnership or Certificate of Registration of the firm or business name with the
Department of Trade and Industry (DTI), in the case of a single proprietorship;

b. Proof of financial capacity: In the case of a single proprietorship or partnership, verified

income tax returns of the proprietors or partners for the past two (2) years and a
savings account certificate showing a maintaining balance of not less than P500,000.00,
provided that the applicant should submit an authority to examine such bank deposit.

c. In the case of a newly organized corporation, savings account certificate showing a

maintaining balance of not less than P500,000.00 with authority to examine the same.
For an existing corporation, submission of a verified financial statement, corporate tax
returns for the past two (2) years and savings account certificate showing a
maintaining balance of not less than P500,000.00 with the corresponding authority to
examine such deposit.

d. Proof of marketing capability

1. A duly executed Special Power of Attorney and/or a duly concluded. Recruitment/ Service
Agreement;

2. Manpower request(s) or visa certification from new employer(s)/ principal(s) for not less
than one hundred (100) workers; and

3. Certification from Pre-Employment Services Office of POEA on the existence of new market.

e. Clearance of all members of the Board of Directors, partner, or proprietor of the

applicant agency from the National Bureau of Investigation (NBI) and other
government agencies as may be required; appropriate clearance in case of persons
with criminal cases; provided that where the member or partner concerned is a
foreigner, clearance from his country of origin shall be required.

f. A verified undertaking stating that the applicant:

1. Shall select only medically and technically qualified recruits;

2. Shall assume full and complete responsibility for all claims and liabilities which may arise
in connection with the use of the license;

3. Shall assume joint and solidary liability with the employer for all claims and liabilities which
may arise in connection with the implementation of the contract, including but not limited to
payment of wages, death and disability compensation and repatriations;
4. Shall guarantee compliance with the existing labor and social legislations of the Philippines
and of the country of employment of the recruited workers;

5. Shall assume full and complete responsibility for all acts of its officials, employees and
representatives done in connection with recruitment and placement;

6. Shall negotiate for the best terms and conditions of employment;

7. Shall disclose the full terms and conditions of employment to the applicant workers;

8. Shall deploy at least 100 workers to its new markets within one (1) year from the issuance
of its license;

9. Shall provide orientation on recruitment procedures, terms and conditions and other
relevant information to its workers and provide facilities therefor; and

10. Shall repatriate the deployed workers and his personal belongings when the need arises.
For the purpose of compliance with item (1), the agency may require the worker to undergo
trade testing and medical examination only after the worker has been pre-qualified for
employment.

g. In case of corporation or partnership, verified undertaking by its officers, directors,

partners that they will be jointly and severally liable with the company over claims
arising from employer-employee relationship.

h. Individual income tax return of the proprietor, partners, stockholders/incorporators,

as the case may be, for the past two (2) years.

i. Proof of possession by the sole proprietor, partner or chief executive officer, as the
case may be, of a bachelor’s degree and three years business experience.

j. List of all officials and personnel involved in the recruitment and placement, together
with their appointment, bio-data and two (2) copies of their passport-size pictures as
well as their clearances from the National Bureau of Investigation and the Anti-illegal
Recruitment Branch of the Administration.

k. Copy of contract of lease or proof of building ownership, indicating the office address,
providing for an office space of at least one hundred (100) square meters.

l. Proof of publication of notice of the application with the names of the proprietor,
partners, incorporators and officers.

m. Certificate of attendance of owner and/or chief executive officer in a pre-application

seminar conducted by the Administration. Only applications with complete supporting
documents shall be processed.

Section 2. Payment of filing fee. Upon receipt of an application with complete requirements,
the
Administration shall require payment of a non-refundable filing fee of P10,000.00 and
submission of proof of payment thereof.

Section 3. Action upon the application. Within fifteen (15) calendar days from receipt of an
application with complete requirements including proof of payment of the filing fee of
P10,000.00, the Administration shall evaluate the pertinent documents, inspect the offices
and equipment and determine whether or not to grant or deny the application. Denial of an
application will result in the forfeiture of the filing fee.

Section 4. Payment of Fees and Posting of Bonds. Upon approval of the application, the
applicant shall pay a license fee of P50,000.00. It shall submit an Escrow Agreement in the
amount of
P1,000,000.00, confirmation of escrow deposit with an accredited reputable bank and a surety
bond of P100,000.00 from a bonding company acceptable to the Administration and
accredited with the Insurance Commission. Agencies with existing licenses shall, within four
years from effectivity hereof, increase their Escrow Deposit to One Million Pesos . The bonds
and escrow shall answer for all valid and legal claims arising from violations of the conditions
for the grant and use of the license, and/or accreditation and contracts of employment. The
bonds and escrow shall likewise guarantee compliance with the provisions of the Code and its
implementing rules and regulations relating to recruitment and placement, the Rules of the
Administration and relevant issuances of the Department and all liabilities which the
Administration may impose. The surety bonds shall include the condition “that notice to the
principal is notice to the surety and that any judgment against the principal in connection with
matters falling under POEA’s/NLRC’s jurisdiction shall be binding and conclusive on the surety.
The surety bonds shall cover the validity period of the license.

Section 5. Provisional License. Applicants for new license shall be issued a provisional license
which shall be valid for a limited period of one (1) year within which the applicant should be
able to comply with its undertaking to deploy 100 workers to its new principal. The license of
a complying agency shall be upgraded to a full license entitling them to another three years
of operation. Non-complying agencies will be notified of the expiration of their license.

Section 6. Validity of the License. Except in case of a provisional license, every license shall
be
valid for four (4) years from the date of issuance unless sooner cancelled, revoked or
suspended for violation of applicable Philippine law, these rules and other pertinent issuances.
Such license shall be valid only at the place/s stated therein and when used by the licensed
person, partnership or corporation.

Section 7. Non-Transferability of License. No license shall be transferred, conveyed or

assigned to any person, partnership or corporation. It shall not be used directly or indirectly
by any person,
partnership or corporation other than the one in whose favor it was issued. In case of death
of the sole proprietor and to prevent disruption of operation to the prejudice of the interest
of legitimate heirs, the license may be extended upon request of the heirs, to continue only
for the purpose of winding up business operations.

Section 8. Change of Ownership/Relationship of Single Proprietorship or Partnership. Transfer

or change of ownership of a single proprietorship licensed to engage in overseas employment
shall cause the automatic revocation of the license. A change in the relationship of the
partners in a partnership duly licensed to engage in overseas employment which materially
interrupts the course of the business or results in the actual dissolution of the partnership
shall likewise cause the automatic revocation of the license.

Section 9. Upgrading of Single Proprietorship or Partnerships. License holders which are single
proprietorships or partnerships may, subject to the guidelines of the Administration, convert
into
corporation for purposes of upgrading or raising their capabilities to respond adequately to
developments/changes in the international labor market and to enable them to better comply
with
their responsibilities arising from the recruitment and deployment of workers overseas.
The approval of merger, consolidation or upgrading shall automatically revoke or cancel the
licenses of the single proprietorships, partnerships or corporations so merged, consolidated
or upgraded.

Section 10. Derogatory Record After Issuance/Renewal of License. The license of a single
proprietorship or a partnership shall be suspended until cleared by the Administration should
any derogatory record be found to exist against the single proprietorship or any or all of the
partners, as the case may be. The appointment of any officer or employee of any licensed
agency may be cancelled or revoked at any time with due notice to the agency concerned,
whenever said officer or employee is found to have any derogatory record, as herein
contemplated.

Section 11. Appointment/Change of Officers and Personnel. Every appointment of agents or

representatives of a licensed agency shall be subject to prior approval or authority of the
Administration. The acknowledgment or approval may be issued upon submission of or
compliance with the following:

a. proposed appointment or special power of attorney;

b. clearances of the proposed representative or agent from National Bureau of

Investigation
(NBI)/Anti-Illegal Recruitment Branch, POEA; and

c. sworn or verified statement by the designating or appointing person or company

assuming full responsibility for all acts of the agent or representative done in
connection with the recruitment and placement of workers.

Every change in the composition of the Board of Directors of a corporation, appointment or

termination of officers and personnel shall be registered with the Administration within thirty
(30) calendar days from the date of such change. The agency shall be required to submit the
minutes of proceedings duly certified by SEC in case of election of new members of the Board
of Directors with their bio-data, ID pictures and clearances.
The Administration reserves the right to deny the acknowledgment or appointment of officers,
employees and representatives who were directly involved in recruitment irregularities.

Section 12. Publication of Change of Directors/Other Officers and Personnel/ Revocation or

Amendment of Appointment of Representatives. In addition to the requirement of registration
with
and submission to the Administration, every change in the membership of the Board of
Directors,
termination for cause of other officers and personnel, revocation or amendment of
appointment of
representatives shall be published at least once in a newspaper of general circulation, in order
to
bind third parties. Proof of such publication shall be submitted to the Administration.

Section 13. Transfer of Business Address. Any transfer of business address shall be effected
only
with prior authority or approval of the Administration. The approval shall be issued only upon
formal notice of the intention to transfer with the following attachments:

a. In the case of a corporation, a Board Resolution duly registered with the SEC
authorizing the transfer of business address; and

b. Copy of the contract of lease or proof of building ownership. The new office shall be
subject to the regular ocular inspection procedures by duly authorized representatives
of the Administration. A notice to the public of the new address shall be published in a
newspaper of general circulation.

Section 14. Establishment of additional offices. Additional offices may be established subject
to the prior approval of the Administration.

Section 15. Conduct of Recruitment Outside of Registered Office. No licensed agency shall
conduct any provincial recruitment, jobs fair or recruitment activities of any form outside of
the address stated in the license or approved additional office(s) without first securing prior
authority from the Administration.

Section 16. Renewal of License. An agency shall submit an application for the renewal of its
license on or before its expiration. Such application shall be supported by the following
documents:

a. Surety bond duly renewed or revalidated;

b. Renewed escrow agreement in the amount of P1,000,000.00 with a commercial bank

to primarily answer for valid and legal claims of recruited workers as a result of
recruitment violations or money claims;

c. Audited financial statements for the past two years with verified corporate or individual
tax returns. In case the equity of the agency is below the minimum capitalization
requirement, it shall be given thirty (30) days from release of the renewed license to
submit proof(s) of capital infusion, such as SEC certification of such infusion or bank
certification corresponding to the amount infused and treasurer’s affidavit duly
received by the SEC. Otherwise, the license shall be suspended until it has complied
with the said requirement;

d. Clearances from the National Bureau of Investigation and the Anti-illegal Recruitment
Branch for the Board of Directors and responsible officers; and

e. Other requirements as may be imposed by the Administration.

Section 17. Monitoring Compliance with Conditions of License. The Administration shall
monitor the compliance of the agencies with their undertakings in connection with the
issuance or renewal of the license. Appropriate sanctions shall be imposed for non-compliance
with any of their undertakings.

Section 18. Non-expiration of License. Where the license holder has made timely and sufficient
application for renewal, the existing license shall not expire until the application shall have
been finally determined by the Administration. For this purpose, an application shall be
considered sufficient if the applicant has substantially complied with the requirements for
renewal.

Section 19. Action on Renewal of License. Within forty eight (48) hours from receipt of the
application for renewal with the complete requirements, the Administration shall undertake
evaluation and inspection and determine the grant or denial of the application. Licenses of
agencies which fail to meet the requirements set by the Administration shall not be renewed.
Only applications for renewal submitted with complete requirements shall be processed.

Section 20. Late Filing of Renewal. Any agency which failed to file an application for renewal
of
license may be allowed to renew within thirty (30) days from expiry thereof but shall pay a
fine of
P10,000.00.

Section 21. Escrow Deposit as Garnished. As soon as an Order or Notice of Garnishment is

served upon the Bank, and the same is correspondingly earmarked, the deposit in escrow of
an agency shall no longer be considered sufficient. The Administration shall forthwith serve
the agency a notice to replenish its escrow deposit.

Section 22. Replenishment of Surety Bonds/Deposit in Escrow. Within fifteen (15) calendar
days
from date of receipt of notice from the Administration that the bonds/deposit in escrow, or
any part
thereof had been garnished, the agency shall replenish the same. Failure to replenish such
bonds/deposit in escrow within the said period shall cause the suspension of the license.

Section 23. Release of Deposit in Escrow. A licensed agency which voluntarily surrenders its
license shall be entitled to the release of the deposit in escrow, only after posting a surety
bond of similar amount valid for four (4) years from expiration of license and submission of
the necessary clearances from the National Labor Relations Commission (NLRC) and the
Administration.

Section 24. Classification, Ranking and Incentives. The Administration shall undertake the
classification and ranking of agencies. In recognition of their exemplary performance, the
Administration shall issue guidelines for entitlement of agencies to schemes for incentives and
rewards such as extension of validity of license, express processing and in-house
documentation

RULE III
INSPECTION OF AGENCIES
Section 1. Inspection for Purposes of Establishment/Transfer of Office. Before issuance of a
license, the Administration shall conduct an inspection of the premises and facilities including
the pertinent documents of the applicant. Inspection shall likewise be conducted on the new
premises in case of transfer of office.

Section 2. Routine/Regular Inspection. All agencies shall be subject to periodic inspection of

offices, studios or pre-departure orientation seminar (PDOS) venues by the Administration to
determine compliance with existing rules and regulations.

Section 3. Spot Inspection. Inspection may be conducted by the Administration upon receipt
of a complaint or report of violation of existing rules and regulation.

Section 4. Authority to Inspect. An authority to inspect shall be issued by the Administration

before any inspection may be conducted. Such authority, stating the purpose and subject of
inspection, shall be presented to the agency before inspection.

Section 5. Scope of Inspection. Depending on the purpose of inspection, the Administrator or

his duly authorized representative may inspect the premises and require the presentation of
necessary documents, records and books of accounts of the agency and examine the same.

Section 6. Inspection Program and Procedures. The Administration shall conduct inspection in
accordance with the Inspection Program and Procedures of the POEA.

Section 7. Violations Found in the Course of Inspection. Violations found in the course of
inspection such as non-compliance with the existing laws, rules and regulations, shall be
grounds for the imposition of appropriate sanction or for the denial of application for issuance
or renewal of license. A copy of the results of inspection shall be endorsed to the appropriate
unit for the conduct of necessary proceedings.

RULE IV
LICENSING OF POCB - REGISTERED
COMPANIES

Section 1. Issuance of License. POCB-registered companies with overseas projects duly

accredited by the POCB may apply for a license subject to the following requirements:

a. Articles of incorporation

b. A certified true copy of its POCB certificate of registration; and

c. Proof of payment of non-refundable filing fee of P10,000.00.

However, application for a license by POCB-registered companies without POCB-accredited

overseas projects shall be subject to the usual requirements for issuance/renewal of license
as
prescribed in Rule II, Part 2 of these Rules.

Section 2. Payment of Fees. Upon approval of the application, the contractor company shall:
 a. Pay a license fee of P50,000.00; and

b. Post a surety bond in the amount of P50,000.00 and escrow deposit of P200,000.00.

Section 3. Validity of License. The license shall be valid for four (4) years from date of issuance
and co-terminus with the validity of the POCB registration, unless sooner cancelled, revoked
by the Secretary of Labor and Employment, or suspended by the Administration for violation
of the Labor Code and its rules relevant decrees, orders and issuances and rules and
regulations of the
Department of Labor and Employment. Such license shall be valid only at the place stated
therein and when used by the licensee or authorized POCB registered company.

Section 4. Requisites for Renewal. Upon expiration of the license, the POCB registered
company
shall submit a written application together with the following requirements:

a. Certified copy of POCB Certificate of Renewal of Registration;

b. Proof of renewed surety bond of P50,000.00; and

c. Certificate from the bank that the escrow deposit of P200,000.00 is still intact.

RULE V
FEES, COSTS AND CONTRIBUTIONS

Section 1. Service Fee. Agencies shall charge from their principals a service fee to cover
services rendered in the recruitment, documentation and placement of workers. The
Administration shall provide incentives to agencies and employers who are able to comply
with this rule.

Section 2. Fees and Costs Chargeable to Principals. Unless otherwise provided, the principal
shall be responsible for the payment of the following:

a. visa fee;

b. airfare

c. POEA processing fee; and

d. OWWA membership fee

Section 3. Fees/Costs Chargeable to the Workers. Except where the prevailing system in the
country where the worker is to be deployed, either by law, policy or practice, do not allow the
charging or collection of placement and recruitment fee, a landbased agency may charge and
collect from its hired workers a placement fee in an amount equivalent to one month salary,
exclusive of documentation costs.
Documentation costs to be paid by the worker shall include, but not limited to, expenses for
the following:

a. Passport

b. NBI/Police/Barangay Clearance

c. Authentication

d. Birth Certificate

e. Medicare

f. Trade Test, if necessary

g. Inoculation, when required by host country

h. Medical Examination fees

In the event that the recruitment agency agrees to perform documentation services, the
worker shall pay only the actual cost of the document which shall be covered by official
receipts.

The above-mentioned placement and documentation costs are the only authorized payments
that may be collected from a hired worker. No other charges in whatever form, manner or
purpose, shall be imposed on and be paid by the worker without prior approval of the POEA.
Such fees shall be collected from a hired worker only after he has obtained employment
through the facilities of the recruitment agency.

RULE VI
RECRUITMENT OUTSIDE REGISTERED OFFICE

Section 1. Conduct of Recruitment Outside Registered Office. Except for recruitments

conducted under the Public Employment Service Office Act of 1999 (RA 8759), no licensed
agency shall conduct recruitment activities of any form outside of the address stated in the
license or acknowledged additional office(s) without securing prior approval from the
Administration. A special recruitment authority shall be issued upon compliance with the
documentary requirements prescribed by the Administration.

Section 2. Venue. Recruitment activities outside the registered office of the agency shall be
conducted only at venues authorized by the Administration, and shall be supervised by the
Administration, the DOLE, or the appropriate local government unit.

Section 3. Validity of Special Recruitment Authority. The special authority granted to an

agency to conduct recruitment activities outside of its registered office based on its manpower
requirements shall be valid for a specified period unless otherwise extended, modified or
revoked by this Administration or any of its regional offices concerned.
Section 4. Cancellation of Authority. The Administration reserves the right to cancel a special
recruitment authority issued to an agency for violation of the conditions set in the authority
such as venue, representative, duration and compliance with these rules.

Section 5. Submission of Report. The agency shall submit a terminal report to the
Administration within thirty (30) days from termination of the recruitment activity conducted
outside its registered office. No subsequent authority shall be issued until the agency has
submitted its report.

RULE VII
ADVERTISEMENT FOR OVERSEAS JOBS

Section 1. Advertisement for Actual Job Vacancies. Licensed agencies may advertise for actual
job vacancies without prior approval from the Administration if covered by manpower requests
of registered/accredited foreign principals and projects. The advertisements shall indicate the
following information:

a. Name, address and POEA license number of the agency;

b. Work site of prospective principal/project;

c. Skill categories and qualification standards; and

d. Number of available positions

Section 2. Advertisement for Manpower Pooling. Licensed agencies may advertise for
manpower pooling without prior approval from the Administration subject to the following
conditions:

a. The advertisement should indicate in bold letters that it is for manpower pooling only
and that no fees will be collected from the applicants; and

b. The advertisement indicates the name, address and POEA license number of the
agency, name and worksite of the prospective registered/accredited principal and the
skill categories and qualification standards.

Section 3. Foreign Advertisers for Overseas Job Vacancies. Foreign principals/employers who
wish to advertise overseas job vacancies may do so only through a POEA-licensed agency or
through the Administration.

RULE VIII
SKILLS TEST AND MEDICAL EXAMINATION
FOR OVERSEAS EMPLOYMENT

Section 1. When to Refer for Skills Test. An applicant for overseas employment shall be
referred for skills test to a TESDA-accredited skills-testing center only after the agency and/or
its foreign principal or employer has interviewed and pre-qualified him to an existing overseas
position duly covered by an approved job order by the Administration.
Section 2. Scope of Skills Test. The agency shall ensure that the test shall only be for the skill
category that the worker has applied for.

Section 3. When to Refer for Medical Examination. The agency shall refer an applicant for
overseas employment medical test to a DOH-accredited medical clinic only after the agency
and/or its foreign principal or employer has interviewed him and pre-qualified him for an
existing overseas position duly covered by an approved job order by the Administration.

Section 4. Scope of Medical Examination. The agency shall ensure that the medical
examination shall be conducted in accordance with the requirements of the employer.

RULE IX
DEPARTURE AND ARRIVAL OF OVERSEAS FILIPINO WORKERS

Section 1. Departure of Workers. All departing OFWs shall be monitored through the POEA
assistance centers established by the Administration at international airports and other exit
points in the country to ensure that they are properly documented before proceeding to their
overseas job sites. Workers without proper documents shall not be cleared by the center.

Section 2. Overseas Employment Certificate (OEC) Issuance at the Center. Departing

overseas
Filipino workers may secure overseas employment certificate at the labor assistance centers
under such circumstances as may be determined by the Administration. POEA shall cease
issuing OECs as soon as the computerized ID system is implemented.

Section 3. Arrival of Workers. The LAC shall support OWWA and other government agencies
in providing assistance to arriving workers particularly those who are in distress.

Section 4. POEA Clearance for Special Cases. The POEA shall issue special clearances for travel
abroad in accordance with guidelines which may be issued by the Administration.

RULE X
LEGAL ASSISTANCE AND ENFORCEMENT MEASURES

Section 1. Acts Constituting Illegal Recruitment. Illegal Recruitment shall mean any act of
canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and
includes referrals, contract services, promising or advertising for employment abroad,
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 who, in any manner, offer or promises for
a fee employment abroad to two or more persons shall be deemed so engaged. It shall
likewise include the following acts committed by any person whether or not a holder of a
license or 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 or to make a worker pay the
 recruiter or its agents any amount greater than that actually loaned or advanced to
him;

b. To furnish or publish any false notice or information or document 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 under the Labor
Code;

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 as may be prohibited by
law or duly constituted authority;

g. To obstruct or attempt to obstruct inspection by the Secretary or by his/her duly

authorized representative;

h. To fail to submit 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 under penalty of
law;

i. To substitute or alter to the prejudice of the worker, employment contract approved

and verified by the DOLE 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
DOLE;

j. For an officer or agent of a recruitment or placement agency 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;

k. To withhold or deny travel documents from applicant workers before departure for
monetary or financial considerations other than those authorized under the Labor Code
and its implementing rules and regulations;

l. To fail to actually deploy without valid reason as determined by the DOLE; and

m. To fail to reimburse expenses incurred by the worker in connection with his/her

documentation and processing for purposes of deployment, in cases where the
deployment does not actually take place without the worker's fault.
Section 2. Anti-Illegal Recruitment Programs. The Administration shall adopt policies and
procedures, prepare and implement programs toward the eradication of illegal recruitment
activities such as, but not limited to the following:

a. Providing legal assistance to victims of illegal recruitment and related cases;

b. Assistance in the prosecution of suspected illegal recruiters;

c. Special operations such as surveillance of persons and entities suspected to be

engaged in illegal recruitment; and

d. Information and education campaign.

Whenever necessary, the Administration shall coordinate with other appropriate entities in
the implementation of said programs.

Section 3. Legal Assistance. The Administration shall provide free legal assistance to victims
of illegal recruitment and related cases including but not limited to, legal advice, assistance
in the preparation of complaints and supporting documents, institution of criminal actions and
whenever necessary, provide counseling during preliminary investigation and hearings.

Section 4. Receiving Complaints for Illegal Recruitment. Victims of illegal recruitment and
related cases may file with the Administration a report or complaint in writing and under oath
for assistance purposes. In regions outside the National Capital Region, complaints and
reports involving illegal recruitment may be filed with the appropriate regional office of the
Administration or DOLE.

Section 5. Action on the Complaint/Report. Where the complaint/report alleges that illegal
recruitment activities are on-going, surveillance shall be conducted and if such activities are
confirmed in the preliminary examination, issuance of closure order may be recommended to
the POEA Administrator through the Director of the Licensing and Regulation Office (Director-
LRO).
If sufficient basis for criminal action is found, the case shall be immediately forwarded to the
appropriate office for such action.

Section 6. Surveillance. The Administrator and/or designated official in the DOLE regional
offices may, on his own initiative, conduct surveillance on the alleged illegal recruitment
activities.
Within two (2) days from the termination of surveillance, a report supported by an affidavit,
shall be submitted to the Director-LRO or the Regional Director concerned, as the case may
be.

Section 7. Issuance of Closure Order. The Secretary or the Administrator or the DOLE Regional
Director of the appropriate regional office outside the National Capital Region, or their duly
authorized representatives, may conduct an ex-parte preliminary examination to determine
whether the activities of a non-licensee constitute a danger to national security and public
order or will lead to further exploitation of job seekers. For this purpose, the Secretary, the
Administrator or the Regional Director concerned or their duly authorized representatives,
may examine personally the complainants and/or their witnesses in the form of searching
questions and answers and shall take their testimony under oath. The testimony of the
complainants and/or witnesses shall be reduced in writing and signed by them. If upon the
preliminary examination or surveillance, the Secretary, the Administrator or DOLE Regional
Director is satisfied that such danger or exploitation exists, a written order may be issued for
the closure of the establishment being used for illegal recruitment activity. In case of a
business establishment whose license or permit to operate a business was issued by the local
government, the Secretary, the Administrator or the Regional Director concerned shall
likewise recommend to the granting authority the immediate cancellation/ revocation of the
license or permit to operate its business.

Section 8. Implementation of Closure Order. Closure order shall be served upon the offender
or the person in charge of the establishment subject thereof. The closure shall be effected by
sealing the establishment and posting a notice of such closure in bold letters in a conspicuous
place in the premises of the establishment. Whenever necessary, the assistance and support
of the appropriate law enforcement agencies may be requested for this purpose.

Section 9. Report on Implementation. A report on the implementation of the closure order

executed under oath, stating the details of the proceedings undertaken shall be submitted to
the Director-LRO or the Regional Director concerned, as the case may be, within two (2) days
from the date of implementation.

Section 10. Institution of Criminal Action. The Secretary, the Administrator or the Regional
Director concerned, or their duly authorized representatives or any aggrieved person, may
initiate the corresponding criminal action with the appropriate office. Where a complaint is
filed with the Administration and the same is proper for preliminary investigation, it shall file
the corresponding complaint with the appropriate officer, with the supporting documents.

Section 11. Motion to Lift A Closure Order. A motion to lift a closure order which has already
been implemented may be entertained only when filed with the Licensing and Regulation
Office (LRO) within ten (10) calendar days from the date of implementation thereof. The
motion shall clearly state the grounds upon which it is based, attaching thereto the documents
in support thereof. A motion to lift which does not conform with the requirements herein set
forth shall be denied.

Section 12. Who May File. The motion to lift a closure order may be filed only by the following:

a. The owner of the building or his/her duly authorized representative;

b. The building administrator or his/her duly authorized representative;

c. The person or entity against whom the closure order was issued and implemented or
the duly authorized representative; or

d. Any other person or entity legitimately operating within the premises closed/padlocked
and whose operations/activities are distinct from the recruitment activities of the
person/entity subject of the closure order.

Section 13. Grounds for Lifting/Re-Opening. Lifting of the closure order and/or re-opening of
the office closed or padlocked may be granted on any of the following grounds:

a. That the office is not the subject of the closure order;

 b. That the contract of lease with the owner of the building or the building administrator
has already been cancelled or terminated. The request to re-open shall be duly
supported by an affidavit of undertaking either of the owner of the building or the
building administrator that the same will not be leased/rented to any other
person/entity for recruitment purposes without the necessary license from the
Administration;

c. That the office is shared by a person/entity not involved in illegal recruitment activities,
whether directly or indirectly; or

d. Any other ground that the Administration may consider as valid and meritorious. Lifting
of a closure order is without prejudice to the filing of a criminal complaint with the
appropriate office against the person alleged to have conducted illegal recruitment
activities.

Section 14. Appeal. The order of the POEA Administrator denying the motion to lift may be
appealed to the Secretary within ten (10) days from the service or receipt thereof.

Section 15. Re-Padlocking of Office. Where a re-opened office was subsequently confirmed to
be used for illegal recruitment activities, a new closure order shall be issued which shall no
longer be subject to a motion to lift.

PART III
PLACEMENT BY THE PRIVATE SECTOR
RULE I
VERIFICATION OF DOCUMENTS AND
REGISTRATION OF FOREIGN PRINCIPALS,
EMPLOYERS AND PROJECTS

Section 1. Verification of Documents. Recruitment documents of foreign principals, employers

and projects shall undergo verification at the work site prior to registration with POEA. The
Philippine Overseas Labor Office (POLO) nearest the worksite shall review and verify the
recruitment documents, including the master employment contract with the view to establish
the existence of the employing person, company or project, its capability to hire workers at
the applicable rates and at desirable working conditions that are in conformity with the
minimum standards prescribed by the Administration and/or with the labor laws and
legislations of the host country.

Section 2. Documentary Requirements for Verification. The following documents shall be

submitted to the POLO for verification:

a. Special Power of Attorney issued by the principal or employer to the licensed Philippine
agency, or recruitment agreement or service agreement;

b. Master employment contract which incorporates, among others the minimum

provisions of employment contracts of land based workers, as follows:

1. Guaranteed wages for regular work hours and overtime pay, which shall not
be lower than the prescribed minimum wage in the host country or not
 lower than the appropriate minimum wage standards set forth in a
bilateral agreement or international convention, if applicable, or not lower
than the minimum wage in the country, whichever is highest;

2. Free transportation to and from the worksite, or offsetting benefit;

3. Free food and accommodation, or offsetting benefit;

4. Just/authorized causes for termination of the contract or of the services of

the workers taking into consideration the customs, traditions, mores,
practices, company policies and the labor laws and social legislations of
the host country;

c. Manpower request indicating the position and salary of the workers to be hired;

d. Valid business license, registration certificate or equivalent document.

Section 3. Application for Registration of Foreign Principals and Projects. Only duly licensed
entities may file for the registration of foreign principals and projects.

Section 4. Documentary Requirements for Registration of Principals/Projects. The following

verified documents shall be submitted to the POEA, through the Philippine licensed agent for
registration of the principal, employer or project:

a. Special power of attorney or recruitment agreement, or service agreement, as the case

may be;
b. Master employment contract of the foreign principal; and
c. Manpower request of the foreign principal indicating the position and salary of the
workers to be hired; POCB-registered projects shall also be registered with the
Administration without however undergoing the foregoing procedures, subject to
guidelines as may be prescribed. Subsequent manpower requests from the registered
principal/project shall be submitted to the Administration.

Section 5. Registration of Foreign Placement Agencies. Foreign placement agencies or similar

entities may be registered as principals if they are authorized to operate as such in their
respective countries and subject to such guidelines as may be prescribed by the
Administration.

Section 6. Validity of Registration of Foreign Principals and Projects. Upon compliance with
the documentary requirements, the foreign principal or project shall be registered by the
POEA valid for a maximum of four (4) years, unless sooner revoked or cancelled by the
Administration on any of the following grounds:

a. Expiration of the principal’s business license;

b. Upon written mutual agreement by the parties to pre-terminate the Agreement;

 c. False documentation or misrepresentation in connection with the application for
registration; and

d. Final judgment in a disciplinary action against the foreign principal.

Provisional registration may be granted for a period of ninety (90) days for a principal that
substantially meets the registration requirements. The expiration of the agency’s license shall
not cause the automatic expiration or cancellation of the registration which shall only be
suspended until the renewal of the license.

Section 7. Renewal of Registration. The registration shall be renewed upon request by the
agency provided that the documents required for initial registration are still valid.

Section 8. Open Registration. A foreign principal that acts as direct employer may be
registered to more than one Philippine agency, provided that

a. A uniform compensation package shall be adopted by the principal and the agency;
and

b. The principal has a verified job order of at least 50 workers; or

c. That the principal must have hired at least 50 workers within a period of one year
immediately preceding the registration;

Section 8. Dual Registration. A principal that is licensed to operate as foreign placement

agency by its government may be registered to a maximum of two (2) Philippine agencies,
provided that:

a. A uniform compensation package shall be adopted by the principal and the agency;
and
b. The principal has a verified job order of at least 50 workers; or

c. That the principal must have hired at least 50 workers within a period of one year
immediately preceding the registration;

Section 9. Transfer of Registration. The registration of a foreign placement agency may be

transferred to another agency provided the compensation package previously approved by
the
Administration shall be maintained; and provided further the transferee shall assume full and
complete responsibility for all contractual obligations of the principals to its workers originally
recruited and processed by the former agency.

Section 10. Action on Application for Registration of Principals With Outstanding Obligations.
Claims for money or enforcement of obligations arising out of business relations between
principals and their existing agencies may be conciliated by the Administration. However, the
pendency of the conciliation shall not prevent the Administration from acting on the request
for registration, if public interest so requires.

Section 11. Registration of Principals in Countries with Special Conditions of Employment. The
registration of principals in countries with unique or special conditions of employment shall
be governed by guidelines prescribed by the Administration.

RULE II
ACCREDITATION OF FOREIGN PRINCIPALS
EMPLOYERS AND PROJECTS

Section 1. Accreditation of Foreign Principals Employers and Projects. Foreign principals,

employer or projects in countries or work sites where there are no POLOS to verify recruitment
documents shall undergo accreditation at the POEA.

Section 2. Documentary Requirements for Accreditation. The principal/employer shall submit

the following documents to the POEA through the Philippine licensed agency for evaluation
and accreditation:

a. Special power of attorney or recruitment agreement, or service agreement with the

Philippine licensed agency;

b. Master employment contract of the direct employer or foreign placement agency

containing the minimum requirements for contracts of employment of land based
workers as provided for in Section 2(b), Rule 1, Part III of these Rules.

c. Manpower request indicating the position and salary of the workers to be hired;

d. Valid business license, registration certificate or equivalent document or proof of

existence of project validated or certified by the issuing authority in the host country;
and

e. Visa assurance or any equivalent document validated by the issuing authority.

Section 3. Validity of Accreditation. The accreditation of a foreign principal, employer or

project shall be valid for four (4) years unless sooner revoked or cancelled by the POEA on
any of the following grounds:

a. Expiration of the principal’s business license;

b. Upon written mutual agreement by the parties to pre-terminate the Agreement;

c. False documentation or misrepresentation in connection with the application for

registration; and

d. Final judgment in a disciplinary action against the foreign principal.

Section 4. Renewal of Accreditation. The accreditation shall be renewed upon request by the
agency provided that the documents required for initial accreditation are still valid.

Section 5. Open Accreditation. A foreign principal that acts as direct employer may be
accredited to more than one Philippine agency, provided that:
 a. A uniform compensation package shall be adopted by the principal and the agency;
and

b. The principal has a verified job order of at least 50 workers; or

c. That the principal must have hired at least 50 workers within a period of one year
immediately preceding the accreditation.

Section 6. Dual Accreditation. A principal that is licensed to operate as foreign placement

agency by its government may be accredited to a maximum of two (2) Philippine agencies,
provided that:

a. A uniform compensation package shall be adopted by the principal and the agency;
and

b. The principal has a verified job order of at least 50 workers; or

c. That the principal must have hired at least 50 workers within a period of one year
immediately preceding the accreditation.

RULE III
DOCUMENTATION OF LANDBASED WORKERS
BY THE PRIVATE SECTOR

Section 1. Documentation of New Hires. Based on the master employment contract, request
for processing should include the names, positions and salaries of workers using the
prescribed form of the Administration. The agency shall provide every worker a copy of the
approved employment contract or service contract.

Section 2. Payment of Documentation Fees. Payment of the required documentation fees shall
be made to the Administration upon request for processing.

Section 3. Period to Deploy. An agency shall deploy its recruited/hired workers within sixty
days (60) days from the date of issuance of the overseas employment certificate.

Section 4. Cancellation of Worker’s Documents. If the deployment of the worker does not
materialize within thirty (30) days from the lapse of the period to deploy, the agency shall
report the non-deployment and the reasons therefor and apply to the Administration for the
cancellation of the worker’s processed documents. If the deployment of the worker does not
materialize due to his fault, the agency may charge the worker for actual expenses incurred
in connection with his recruitment, duly supported by official receipts.

Section 5. Registration of Worker-on-Leave. Workers who are considered as Workers-on-

Leave as defined in these Rules, shall submit the following documents to the Administration
or to its designated centers or units in the country or overseas for registration:

a. valid passport; and

 b. re-entry visa, work permit, or any equivalent document.

Section 6. Registration of Name Hires. Name hires, as defined in these Rules, shall be
registered by the Administration, subject to such guidelines as the Administration may
prescribe, and upon submission of the following documents:

a. employment contract
b. valid passport
c. employment visa or work permit, or equivalent document
d. certificate of medical fitness
e. certificate of attendance to the required employment orientation/briefing

The Administration shall ensure that the worker is made fully aware of the terms and
conditions of his employment. The Administration reserves the right to disapprove
employment contracts which are contrary to law, morals, and public policy. The Administration
shall transmit on a regular basis the list of registered name hires to the various Philippine
Embassies/Consulates or POLOs in countries that host overseas Filipino workers for proper
monitoring.

Section 7. Payment of Registration Fees. Payment of the prescribed fees shall be made upon
registration by the name hire or the Worker-on-Leave.

Section 8. Ban on Direct Hires. No foreign principal or employer may hire a Filipino worker for
overseas employment except through the boards and entities authorized by the Secretary.
Direct hiring by members of the diplomatic corps, international organizations and such other
employers as may be allowed by the Secretary is exempt from this provision.

Section 9. In-House Processing Facility. The Administration shall extend to qualified agencies
an in-house processing facility for the documents of workers who are scheduled for
deployment.
Agencies that qualify to enjoy the privilege shall comply with the documentary requirements.
The agencies shall be subject to regular audit and/or inspection by the Administration to
ensure compliance with the prescribed guidelines on in-house processing facility. The
Administration reserves the right to recall the privilege and incentive being enjoyed by an
agency should there be an established case of violation of POEA rules and regulations.
Automatic preventive suspension shall be imposed in case of violation of the prescribed
guidelines. The agencies shall submit a monthly report on the utilized or missing overseas
employment certificates to the Administration.

Section 10. One Stop Shop Processing Center. A one stop shop-processing center shall be
established to house all governmental activities pertaining to overseas employment.

PART IV
PLACEMENT BY THE ADMINISTRATION
RULE I
RECRUITMENT AND PLACEMENT
THROUGH THE ADMINISTRATION
Section 1. Hiring through the Administration. The Administration shall recruit and place
workers primarily on government-to-government arrangements and shall therefore service
the hiring of foreign government instrumentalities. It shall also recruit and place workers for
foreign employers in such sectors as the policy may dictate. In pursuance thereof, the
Administration shall, among others:

a. Administer programs and projects that may support the employment development
objectives of the Administration ;
b. Set parameters in servicing other foreign clients; and
c. Undertake, in coordination with POEA Regional Centers and Extension Units as well as
Regional Offices of the Department of Labor and Employment and concerned local
government units, organized recruitment activities in the provinces in aid of the
employment dispersal efforts of the government.
Section 2. Recruitment and Placement of Workers. All employers, whether government or
private, hiring through the Administration shall undertake the recruitment and placement of
workers through the facilities of the Administration. The activities shall include but not be
limited to interview and selection; referral to medical examination; processing of contracts;
assistance in securing of passport and appropriate visas; pre-employment orientation; pre-
departure orientation; and travel arrangements.

Section 3. Foreign Employer’s Guarantee Trust Fund. A Guarantee Trust Fund shall be
established for all workers hired on a government-to-government arrangement for the
purpose of covering monetary claims of the workers arising from breach of contractual
obligations.

PART V
EMPLOYMENT STANDARDS
RULE I
FORMULATION OF EMPLOYMENT STANDARDS

Section 1. Employment Standards. The Administration shall determine, formulate and review
employment standards in accordance with the market development thrusts and welfare
objectives of the overseas employment program and the prevailing market conditions.

Section 2. Minimum Provisions of Employment Contract. Consistent with its welfare and
employment facilitation objectives, the following shall be considered the minimum
requirements for contracts of employment of landbased workers:
a. Guaranteed wages for regular work hours and overtime pay, as appropriate, which
shall not be lower than the prescribed minimum wage in the host country, not lower
than the appropriate minimum wage standard set forth in a bilateral agreement or
international convention duly ratified by the host country and the Philippines or not
lower than the minimum wage in the Philippines, whichever is highest;
b. Free transportation to and from the worksite, or offsetting benefit;
c. Free food and accommodation, or offsetting benefit;
d. Just/authorized causes for termination of the contract or of the services of the workers
taking into consideration the customs, traditions, norms, mores, practices, company
policies and the labor laws and social legislations of the host country;
e. The Administration may also consider the following as basis for other provisions of the
contract:
 1. Existing labor and social laws of the host country;

2. Relevant agreements, conventions, delegations or resolutions;

3. Relevant bilateral and multilateral agreements or arrangements with the host

country; and

4. Prevailing condition/realities in the market.

Section 3. Freedom to Stipulate. Parties to overseas employment contracts are allowed to

stipulate other terms and conditions and other benefits not provided under these minimum
requirements; provided the whole employment package should be more beneficial to the
worker than the minimum; provided that the same shall not be contrary to law, public policy
and morals, and provided further, that Philippine agencies shall make foreign employers
aware of the standards of employment adopted by the Administration.

Section 4. Disclosure of Terms and Conditions of Employment. The agency and the worker
shall fully disclose all relevant information in relation to the recruitment and employment of
the worker in accordance with the guidelines set by the Administration.

PART VI
RECRUITMENT VIOLATION AND RELATED CASES
RULE I
JURISDICTION AND VENUE

Section 1. Jurisdiction. The Administration shall exercise original and exclusive jurisdiction to
hear and decide all cases which are administrative in character, involving or arising out of
violations of recruitment rules and regulations including refund of fees collected from workers
and violation of the conditions for issuance of license to recruit workers.

Section 2. Grounds for imposition of administrative sanctions:

a. Charging, imposing or accepting directly or indirectly, any amount of money goods or

services, or any fee or bond for any purpose whatsoever before employment is
obtained for an applicant worker;

b. Charging or accepting directly or indirectly any amount greater than that specified in
the schedule of allowable fees prescribed by the Secretary, or making a worker pay
any amount greater than that actually received by him as a loan or advance;

c. Charging or collecting placement fee for deployment to countries where the prevailing
system, either by law, policy or practice, do not allow the charging or collection of
placement and recruitment fees.
d. Collecting any fee from a worker without issuing the appropriate receipt clearly
showing the amount paid and the purpose for which payment was made;

e. Engaging in act/s of misrepresentation in connection with recruitment and placement

of workers, such as furnishing or publishing any false notice, information or document
in relation to recruitment or employment;

f. 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;

g. Influencing or attempting to influence any person or entity not to employ any worker
who has not applied for employment through his agency;

h. Obstructing or attempting to obstruct inspection by the Secretary, the Administrator

or their duly authorized representatives;

i. Substituting or altering to the prejudice of the worker, employment contracts approved

and verified by the Administration 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 Administration;

j. Failure to submit reports related to overseas recruitment and employment within the
specified time, as may be required by the Secretary or the Administration;

k. For the owner, partner, or officer/s of any licensed agency to become an officer or
member of the Board of any corporation or partnership engaged directly or indirectly
in the management of a travel agency;

l. Withholding or denying travel or other pertinent documents from workers for

considerations other than those authorized under existing laws and regulations;

m. Engaging in recruitment activities in places other than that specified in the license
without previous authorization from the Administration;

n. Appointing or designating agents, representatives or employees without prior approval

from the Administration;

o. Falsifying or altering travel documents of applicant worker in relation to overseas

recruitment activities;

p. Deploying workers whose employment and travel documents were not processed by
the Administration or those agencies authorized by it;

q. Deploying workers to principals not accredited by the Administration.

r. Failure to deploy a worker within the prescribed period without valid reason;
 s. Disregard of orders, notices and other legal processes issued by the Administration;

t. Coercing workers to accept prejudicial arrangements in exchange for certain benefits

that rightfully belong to the workers;

u. sWithholding of workers’ salaries or remittances without justifiable reasons or

shortchanging of remittances;

v. Deploying underage workers;

w. Engaging in act/s of misrepresentation for the purpose of securing a license or renewal

thereof, such as giving false information or documents;

x. Engaging in the recruitment or placement of workers in jobs harmful to public health

or morality or to dignity of the Republic of the Philippines;

y. Transfer or change of ownership of a single proprietorship licensed to engage in

overseas employment;

z. Failure to reimburse expenses incurred by the worker in connection with his

documentation and processing for purposes of deployment, where deployment does
not take place without the worker’s fault;

aa. Failure to comply with the undertaking to deploy the required number of workers within
the period provided in these Rules;

bb. Failure to comply with the undertaking to provide Pre-Departure Orientation Seminar
to workers

cc. Non-compliance with any other undertaking in connection with the issuance or renewal
of the license;

dd. Allowing persons who are otherwise disqualified to participate in the overseas
employment program under existing laws, rules and regulations to participate in the
management and operation of the agency; and

ee. Violation of other pertinent provisions of the Code and other relevant laws, rules and
regulations, guidelines and other issuances on recruitment and placement of workers
for overseas employment and the protection of their welfare;

Section 3. Venue. Any complaint arising out of recruitment violation or violation of conditions
of license may be filed with the Adjudication Office of this Administration or at the POEA
Regional
Centers/Extension Units exercising territorial jurisdiction over the place where the
complainant was recruited at the option of the complainant. The Office with which the
complaint was first filed shall take cognizance of the case. Where the complainant was
recruited within the National Capital Region, the complaint shall be filed with the Adjudication
Office of the Administration.
In the case of reports received by the Administration, the report shall be investigated by the
Adjudication Office, or by the appropriate Regional Center/Extension Unit of the
Administration.
However, the venue of cases filed with the Adjudication Office of the Administration may be
transferred to the POEA Regional Center/Extension Unit before the respondent files its answer
upon request of either party and approved by the Administration. For the purpose of hearing
and receiving of evidence, the DOLE Regional Office exercising territorial jurisdiction over the
place where the complainant was recruited may be deputized by the Secretary of Labor to
take cognizance of the case for submission of its findings and recommendations to the
Administrator.

RULE II
FILING OF COMPLAINTS

Section 1. Who May File. Any aggrieved person may file a complaint in writing and under oath
for violation of the Labor Code and the POEA Rules and Regulations and other issuances
relating to recruitment. For this purpose, an aggrieved person is one who is prejudiced by the
commission of a violation. However, the Administration, on its own initiative, may conduct
proceedings based on reports of violation POEA Rules and Regulations and other issuances on
overseas employment subject to preliminary evaluation.

Section 2. Contents of Complaint. All complaints must contain, among others, the following:

a. The name/s and address/es of the complainant/s;

b. The name/s and address/es of the respondent/s;

c. The nature of the complaint;

d. The substance, cause/grounds of the complaint;

e. When and where the action complained of happened;

f. The amount of claim, if any;

g. The relief/s sought.

The complaint shall be under oath and must be accompanied by supporting documents and a
certificate of non-forum shopping.

Section 3. Docket and Assignment of Cases. Complaints duly received shall be docketed and
raffled for investigation and hearing.

RULE III
ACTION UPON COMPLAINT

Section 1. Answer. Upon receipt of the complaint, the Administration shall issue an order,
together with the complaint and supporting documents, if any, directing the respondent/s to
file a verified Answer and not a Motion to Dismiss within ten (10) calendar days from receipt,
attaching proof that a copy was sent to the complainant.

Section 2. Failure to File Answer. In case of failure to file Answer, the investigation /hearing
shall proceed. An Answer filed out of time shall not be admitted except on meritorious grounds
and upon motion.

Section 3. Motion for Extension. Only one motion for extension of time to file Answer shall be
allowed. The OE Adjudicator, upon receipt of such motion may, upon meritorious grounds,
grant a non-extendible period of ten (10) calendar days. Except where allegations in the
complaint refers to facts or circumstances which occurred abroad making it necessary to verify
with the concerned foreign principal, a longer period may be granted. A ruling on the motion
may be made by the OE Adjudicator during the proceedings and entered in the minutes or
sent by personal service or by registered mail.

Section 4. Proof and Completeness of Service. The contents of the return shall be proof of the
facts stated therein. Service by registered mail is complete upon receipt by the addressee or
agent; but if the addressee or agent fails to claim his mail from the postmaster, service shall
take effect after the date of the last notice. Where the present location of the addressee is
unknown, service made at the last known address shall be sufficient. Personal service made
in any registered office or officer or personnel of the private recruitment agency shall likewise
be sufficient.

Section 5. Nature of Proceedings. The proceedings shall comply with the requirements of due
process without strictly adhering to the technical rules of procedure and evidence applicable
to judicial proceedings. The OE Adjudicator may avail himself of all reasonable means to
ascertain the facts of the case.

Section 6. Preliminary Hearing. The OE Adjudicator shall set the date, time and place of the
preliminary hearing with due notice to the parties, with the end view of arriving at an amicable
settlement and for purposes of simplifying the issues, marking of evidence and stipulation of
facts.

Section 7. Clarificatory Questions. At any stage of the proceedings and before the case is
submitted for resolution, the OE Adjudicator may initiate clarificatory questions to the parties
or their witnesses to further elicit relevant facts or information. The OE Adjudicator may set
a hearing where the parties shall be given an opportunity to be present but without right to
examine or cross-examine. If the parties so desire, they may submit questions to the OE
Adjudicator who may ask the parties or witnesses concerned.

Section 8. Service of Order to Appear/To Produce Documents. The Administration may issue
an order to appear/to produce documents specified in the order. The process server who
personally served the order to appear/produce documents, notice order, resolution or decision
shall submit his return within five (5) calendar days from the date of his service thereof,
stating legibly in the return his name, the mode/s of service, the name/s of the other person/s
to whom it was served and the date/s of receipt. If no service was effected, the serving officer
shall state the reason. The return shall form part of the records of the case.

Section 9. Failure or Refusal to Obey Order to Appear/to Produce Documents. The license of
any agency whose officers or employers fail or refuse to comply with an order to appear/to
produce documents without justifiable reason shall be suspended until other wise ordered.
This is without prejudice to the outcome of the investigation where the proper penalty may
be imposed.

Section 10. Summary Judgment. Should the OE Adjudicator find, upon consideration of the
complaint, answers and evidence submitted, that resolution/decision may be rendered, the
case shall be deemed submitted and a summary judgment shall be issued.

Section 11. Effects of Withdrawal of Complaint/ Desistance. The withdrawal of complaint/

desistance shall not bar the Administration from proceeding with the investigation of the
recruitment violation/s. The Administration shall resolve the case on the merits and impose
the appropriate penalties.

Section 12. Resolution of the Case. Except as provided in Section 16 hereof and Section 6,
Rule II, Part VII, the OE Adjudicator shall, within ninety (90) calendar days from the filing of
the case, submit his findings and recommendations in the form of a draft order.

Section 13. Who May Issue Orders. The Administrator may issue orders of reprimand,
suspension of documentary processing, suspension, cancellation or revocation of license, or
dismissal on the merits of the case. All other orders or resolutions shall be signed by the
Director, Adjudication Office of the Administration.

Section 14. Contents of Orders/Resolutions. Orders/ Resolutions issued by the Administration

shall be clear and concise and shall include a brief statement of the following:

a. facts of the case;

b. issue/s involved;

c. applicable law/s or rule/s;

d. conclusions and reasons therefor; and

e. specific remedy/ies or relief/s granted or sanction/s.

Section 15. Suspension of Documentary Processing. The Administration may order the
suspension of the processing of documents of a respondent agency for violation of any
provision of these Rules, Orders, and Regulations. Such is without prejudice to the outcome
of the investigation wherein the proper penalty may be imposed.

Section 16. Preventive Suspension. Pending investigation of the recruitment violation/s, the
license of the respondent agency may be suspended for a period not exceeding the imposable
penalties under the revised schedule of penalties, on the following grounds:

a. There exist reasonable grounds to believe that the continued operation of the agency
will lead to further violation or exploitation of the workers being recruited or adversely
affect friendly relations with any country or otherwise prejudice national interest; and

b. There is a prima facie evidence of a case for violation of the pertinent provisions of the
Labor Code, its implementing rules and regulations, POEA Rules and Regulations or
 any issuance of the Administration where the evidence of guilt is strong. The
Administrator may issue an order lifting or modifying the order of preventive
suspension as the circumstances may warrant. Where an Order of Preventive
Suspension is issued by the Administration, the OE Adjudicator shall, within sixty (60)
calendar days from filing of the case, submit his findings and recommendations in the
form of a draft order.

Section 17. Effects of Orders of Suspension, Revocation or Cancellation of License. An order

of suspension, cancellation or revocation of license shall have the effect of suspending or
terminating all activities of the agency which fall under the definition of recruitment and
placement.

Section 18. Fines. The Administration may also impose fines for failure to comply with a final
order.

RULE IV
CLASSIFICATION OF OFFENSES
AND SCHEDULE OF PENALTIES

Section 1. Classification of Offenses. Administrative offenses are classified into serious, less
serious and light, depending on their gravity. The Administration shall impose the appropriate
administrative penalties for every recruitment violation.

A. The following are serious offenses with their corresponding penalties:

1. Deploying underage workers

1st Offense – Cancellation of License

2. Engaging in act/s of misrepresentation for the purpose of securing a

license or renewal thereof, such as giving false information or
documents

1st Offense – Cancellation of License

3. Engaging in the recruitment or placement of workers in jobs harmful to

public health or morality or to dignity of the Republic of the Philippines

1st Offense – Cancellation of License

4. Transfer or change of ownership of a single proprietorship licensed to

engage in overseas employment

1st Offense – Cancellation of License

 5. Charging or collecting placement fee for deployment to countries where
the prevailing system, either by law, policy or practice do not allow
the charging or collection of placement and recruitment fees.

1st Offense – Cancellation of License plus refund of the

placement fee charged or collected from the worker. The penalty
shall carry the accessory penalty of refund of the fee collected
from the worker.

6. Charging or accepting directly or indirectly any amount greater than

that specified in the schedule of allowable fees prescribed by the
Secretary, or making a worker pay any amount greater than that
actually received by him as a loan or advance

1st Offense – Cancellation of License plus refund of the

placement fee charged or collected from the worker. The penalty
shall carry the accessory penalty of refund of the excessive fee
charged or collected from the worker.

B. The following are less serious offenses with their corresponding penalties:

1. Charging, imposing or accepting directly or indirectly, any amount of

money goods or services, or any fee or bond for any purpose
whatsoever before employment is obtained for an applicant worker

1 st Offense – Suspension of License (Two Months to Six Months)

2 nd Offense – Suspension of License (Six Months and One day
to One year)
3 rd Offense - Cancellation of License. The penalty shall carry the
accessory penalty of refund of the fee charged or collected from
the worker, in case of non-deployment.

2. Collecting any fee from a worker without issuing the appropriate receipt
clearly showing the amount paid and the purpose for which payment
was made

1 st Offense – Suspension of License (Two Months to Six Months)

2 nd Offense – Suspension of License (Six Months and One day

to One year)

3 rd Offense - Cancellation of License

3. Engaging in act/s of misrepresentation in connection with recruitment

and placement of workers, such as furnishing or publishing any false
notice, information or document in relation to recruitment or
employment

1 st Offense – Suspension of License (Two Months to Six Months)

 2 nd Offense – Suspension of License (Six Months and One day
to One year)

3 rd Offense - Cancellation of License

4. Obstructing or attempting to obstruct inspection by the Secretary, the

Administrator or their duly authorized representatives

1 st Offense – Suspension of License (Two Months to Six Months)

2 nd Offense – Suspension of License (Six Months and One day

to One year)

3 rd Offense - Cancellation of License

5. Substituting or altering to the prejudice of the worker, employment

contracts approved and verified by the Administration 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
Administration

1 st Offense – Suspension of License (Two Months to Six Months)

2 nd Offense – Suspension of License (Six Months and One day

to One year)

3 rd Offense - Cancellation of License

6. Withholding or denying travel or other pertinent documents from

workers for reasons other than those authorized under existing laws
and regulations.
1 st Offense – Suspension of License (Two Months to Six
Months)

2 nd Offense – Suspension of License (Six Months and One day

to One year)

3 rd Offense - Cancellation of License

7. Engaging in recruitment activities in places other than that specified in

the license without previous authorization from the Administration

1 st Offense – Suspension of License (Two Months to Six Months)

2 nd Offense – Suspension of License (Six Months and One day

to One year)

3 rd Offense - Cancellation of License

8. Appointing or designating agents, representatives or employees

without prior approval from the Administration
 1 st Offense – Suspension of License (Two Months to Six Months)

2 nd Offense – Suspension of License (Six Months and One day

to One year)

3 rd Offense - Cancellation of License

9. Falsifying or altering travel documents of applicant worker in relation

to recruitment activities

1 st Offense – Suspension of License (Two Months to Six Months)

2 nd Offense – Suspension of License (Six Months and One day

to One year)

3 rd Offense - Cancellation of License

10. Deploying workers whose employment and travel documents were

not processed by the Administration or those agencies authorized by
it

1 st Offense – Suspension of License (Two Months to Six Months)

2 nd Offense – Suspension of License (Six Months and One day

to One year)

3 rd Offense - Cancellation of License

11. Deploying workers to principals not accredited by the Administration.

1 st Offense – Suspension of License (Two Months to Six Months)

2 nd Offense – Suspension of License (Six Months and One day
to One year)

3 rd Offense - Cancellation of License

12. Withholding of workers’ salaries or remittances without justifiable

reasons or shortchanging of remittances

1 st Offense – Suspension of License (Two Months to Six Months)

2 nd Offense – Suspension of License (Six Months and One day

to One year)

3 rd Offense - Cancellation of License

The penalty shall carry the accessory penalty of immediate release of the salaries or
remittances being claimed.
 13. Allowing persons who are otherwise disqualified to participate in the
overseas employment program under existing laws, rules and
regulations to participate in the management and operation of the
agency

1 st Offense – Suspension of License (Two Months to Six Months)

2 nd Offense – Suspension of License (Six Months and One day

to One year)

3 rd Offense - Cancellation of License

14. Failure to reimburse expenses incurred by the worker in connection

with his documentation and processing for purposes of deployment,
where deployment does not take place without the worker’s fault

1 st Offense – Suspension of License (Two Months to Six Months)

2 nd Offense – Suspension of License (Six Months and One day

to One year)

3 rd Offense - Cancellation of License

The penalty shall carry the accessory penalty of immediate refund of expenses incurred by
the worker

15. Failure to comply with the undertaking to provide Pre-Departure

Orientation Seminar to workers

1 st Offense – Suspension of License (Two Months to Six Months)

2 nd Offense – Suspension of License (Six Months and One day

to One year)

3 rd Offense - Cancellation of License

16. Non-compliance with any other undertaking in connection with the

issuance or renewal of the license

1 st Offense – Suspension of License (Two Months to Six Months)

2 nd Offense – Suspension of License (Six Months and One day

to One year)

3 rd Offense - Cancellation of License

C. The following are light offenses with their corresponding penalties:

1. For the owner, partner, or officer/s of any licensed agency to become
an officer or member of the Board of any corporation or partnership
engaged directly or indirectly in the management of a travel agency

1 st Offense – Reprimand

2 nd Offense – Suspension of License (One Month to Three

Months)

3 rd Offense – Suspension of License (Three Months and One day

to Six Months)

4 th Offense - Cancellation of License

2. 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

1 st Offense – Reprimand

2 nd Offense – Suspension of License (One Month to Three

Months)

3 rd Offense – Suspension of License (Three Months and One day

to Six Months)

4 th Offense - Cancellation of License

3. Influencing or attempting to influence any person or entity not to

employ any worker who has not applied for employment through his
agency

1 st Offense – Reprimand

2 nd Offense – Suspension of License (One Month to Three

Months)

3 rd Offense – Suspension of License (Three Months and One day

to Six Months)

4 th Offense - Cancellation of License

4. Failure to deploy a worker within the prescribed period without valid

reason

1 st Offense – Reprimand

2 nd Offense – Suspension of License (One Month to Three

Months)
 3 rd Offense – Suspension of License (Three Months and One day
to Six Months)

4 th Offense - Cancellation of License

5. Coercing workers to accept prejudicial arrangements in exchange for

certain benefits that rightfully belong to the workers

1 st Offense – Reprimand

2 nd Offense – Suspension of License (One Month to Three

Months)

3 rd Offense – Suspension of License (Three Months and One day

to Six Months)

4 th Offense - Cancellation of License

6. Disregard of orders, notices and other legal processes issued by the

Administration

1 st Offense – Reprimand

2 nd Offense – Suspension of License (One Month to Three

Months)

3 rd Offense – Suspension of License (Three Months and One day

to Six Months)

4 th Offense - Cancellation of License

7. Failure to submit reports related to overseas recruitment and

employment within the specified time as may be required by the
Secretary or the Administration

1 st Offense – Reprimand

2 nd Offense – Suspension of License (One Month to Three

Months)

3 rd Offense – Suspension of License (Three Months and One

day to Six Months)

4 th Offense - Cancellation of License

8. Violation of other pertinent provisions of the Code and other relevant

laws, rules and regulations, guidelines and other issuances on
recruitment and placement of workers for overseas employment and
the protection of their welfare

1 st Offense – Reprimand
 2 nd Offense – Suspension of License (One Month to Three
Months)

3 rd Offense – Suspension of License (Three Months and One day

to Six Months)

4 th Offense - Cancellation of License

Money claims arising from recruitment violation may be awarded in addition to the
administrative penalties imposed.

Section 2. Imposition of Fines. In addition or in lieu of the penalty of suspension of license,

the
Administration may impose the penalty of fine which shall be computed at P10,000.00 for
every month of suspension.

Section 3. Mitigating, Aggravating or Alternative Circumstances. In the determination of the

penalties to be imposed, the following mitigating, aggravating and alternative circumstances
attendant to the commission of the offense shall be considered:

a. First Offender;

b. Admission of guilt and voluntary restitution, where applicable;

c. Good faith;

d. Exemplary Performance;

e. Recidivism;

f. Prejudice to the worker;

g. Gross negligence;

h. Other analogous circumstances.

Section 4. Manner of Imposition. When applicable, the imposition of the penalty may be made
in accordance with the manner provided below:

a. The minimum of the penalty shall be imposed where only mitigating and no
aggravating circumstances are present.

b. The medium of the penalty shall be imposed where no mitigating and aggravating
circumstances are present.

c. The maximum of the penalty shall be imposed where only aggravating and no
mitigating circumstances are present.
 d. Where aggravating and mitigating circumstances are present, paragraph (a) shall be
applied where there are more mitigating circumstances present; paragraph (b) shall
be applied when the circumstances equally offset each other; and paragraph (c) shall
be applied where there are more aggravating circumstances.

Section 5. Penalty for Cases Involving Five or More Complainants. A respondent found guilty
of committing an offense, regardless of the number or nature of charges, against five (5) or
more complainant in a single case shall be imposed the penalty of cancellation of license.

RULE V
APPEAL/PETITION FOR REVIEW

Section 1. Jurisdiction. The Secretary of Labor and Employment shall have exclusive
jurisdiction to act on appeals/petitions for review of recruitment violation cases and other
related cases decided by the Administration.

Section 2. Period to Appeal. The party aggrieved by a decision of the Administration may
appeal the same to the Secretary of Labor and Employment within fifteen (15) calendar days
from receipt of a copy of the decision. Failure of the aggrieved party to perfect his appeal
within the reglementary period shall render the decision of the Administration final and
executory.

Section 3. Requirements for Appeal. The appealing party shall file a Notice of Appeal and an
Appeal Memorandum with the Adjudication Office or the Regional Office of the Administration,
as the case may be. In case a fine and/or a monetary award is imposed against the appealing
party, he shall also file a supersedeas bond in the amount of such fine and/or monetary award,
in cash or in surety bond posted by a surety company acceptable to the Administration. The
Appeal Memorandum shall clearly point out the errors of law and/or fact in the decision
appealed from and shall be verified. Any appeal that does not comply with these requirements
shall not be acted upon and the Administration shall issue forthwith an order for the execution
of the decision for which the appeal is sought.

Section 4. Transmittal of the Records of the Case on Appeal. Within twenty-four (24) hours
from receipt of the appeal seasonably filed with the corresponding requirements, the
Adjudication Office shall transmit the entire records of the case to the Office of the Secretary
of Labor and Employment.

Section 5. Stay of Execution. The decision of the Administration shall be stayed during the
pendency of the appeal; Provided that where the penalty imposed carries the maximum
penalty of twelve months suspension or cancellation of license, the decision shall be
immediately executory despite the pendency of the appeal. Provided further that where the
penalty imposed is suspension of license for one month or less, the decision shall be
immediately executory and may only be appealed on ground of grave abuse of discretion.
Section 6. Period to Resolve the Appeal. Appeals from the decision of the Administrator shall
be resolved by the Office of the Secretary for Labor and Employment within sixty (60) calendar
days from receipt of the transmittal of the entire records of the case.

RULE VI
EXECUTION OF DECISIONS

Section 1. Issuance of Writ of Execution. Unless otherwise provided in these Rules, after the
Order has become final and executory, the Administration, upon motion or on its own initiative,
shall issue a writ of execution requiring the Enforcement Officer to enforce a monetary award
and/or fine imposed in the decision.

Section 2. Issuance, Form and Contents of a Writ of Execution. The writ of execution must be
issued in the name of the Republic of the Philippines, requiring the Enforcement Officer to
execute the Orders of the Administrator or the Secretary or his duly authorized representative,
as the case may be. The writ of execution must contain the dispositive portion of the order or
decision sought to be executed. It must require the Enforcement Officer to serve the writ
upon the losing party or upon any other person required by law to obey the same before
proceeding to satisfy the judgment.

Execution shall proceed against the assets of the losing party in the following order:
a. escrow deposit

b. surety bond

c. personal property

d. real property

A writ of execution shall not be necessary for the enforcement of Orders in the following cases:

a. For the return of travel and other related documents. A copy of the order served upon
the losing party or upon any other required by law to obey such order is sufficient;
and

b. Where the agency had earlier posted a cash or surety bond in relation to an
appeal/petition for review. Certified copies of the final and executory order and official
receipt of the cash or surety bond shall be sufficient basis for the preparation of the
voucher for the release of the amount to be refunded, or for the confiscation/forfeiture
of the amount equivalent to the fine. The writ of execution shall be valid and effective
for a period of sixty (60) calendar days from issuance thereof.

Section 3. Motion to Cancel Writ of Execution. Within five (5) days from receipt of a copy of
Writ of Execution, the judgment debtor may file a Motion to Cancel the Writ of Execution on
meritorious ground. The filing of such motion shall not stay the execution of the writ unless a
cash or surety bond is posted equivalent to the judgment award and/or fine which shall answer
for the same in the event that the motion is denied. An Order denying a Motion to Quash the
Writ of Execution is final and no further motions of similar nature shall be entertained.
Section 4. Enforcement of Writs. In executing an Order, the Enforcement Officer shall be
guided strictly by the Manual of Instructions for Enforcement Officers of the POEA which the
Administration will adopt.

Section 5. Garnishment. In cases where several writs of execution are issued against the
same agency, satisfaction of the claims of workers against the escrow deposit or surety bond
shall be on a “first-come, first-served” basis, irrespective of the date of filing of the case or
date of the decision or date of the writ of execution. Provided that where the orders of
garnishment are served simultaneously, the escrow deposit or surety bond shall be pro-rated
among the claimants.

Section 6. Return of Writ of Execution. The Enforcement Officer implementing the writ of
execution shall submit his return immediately upon the satisfaction of the claim. Regardless,
however, of the outcome of his implementation, he shall submit his return not later than sixty
(60) calendar days from date of issuance thereof. The return shall state the mode/s of service,
the name/s of the person/s served and the date/s of receipt. The return shall also indicate
legibly the full name of the serving officer. The return shall form part of the records of the
case.

Section 7. Execution Pending Petition for Certiorari. Once a petition for certiorari has been
filed with and given due course by the appellate court, the execution of the order insofar as
the monetary award to private claimant is concerned shall be stayed.

PART VII
DISCIPLINARY ACTION CASES
RULE I
JURISDICTION AND VENUE

Section 1. Jurisdiction. The Administration shall exercise original and exclusive jurisdiction to
hear and decide disciplinary action cases against migrant workers, foreign employers and
principals that are administrative in character.

Section 2. Venue. Any complaint involving disciplinary action cases shall be filed with the
Adjudication Office of the Administration.

RULE II
DISCIPLINARY ACTIONS AGAINST
PRINCIPALS/EMPLOYERS

Section 1. Grounds for Disciplinary Action Against Foreign Principals/Employers

a. Default on its contractual obligations to the migrant worker and/or to its Philippine
agent;

b. Gross violation of laws, rules and regulations on overseas employment;

c. Gross negligence leading to serious injury or illness or death of the worker;

 d. Grave misconduct;

e. Conviction of an offense involving moral turpitude;

f. Any other case analogous to the foregoing.

Section 2. Filing of Complaint. Any aggrieved person may file a complaint in writing and under
oath for disciplinary action against a principal/ employer with the Administration. The
Administration may, on its own initiative, conduct proceedings against principals/employers
based on verifiable or official reports.

Section 3. Contents and Form of Complaint. All complaints shall be under oath and must
contain the following:

a. Name/s and address/es of the complainant/s;

b. Name/s and address/es of the respondent/s;

c. Specific acts or omissions constituting the alleged offense;

d. Place where the offense was committed;

e. Date when the offense was committed;

f. Relief sought. All supporting documents must be attached to the complaint, whenever
possible.

Section 4. Temporary disqualification. A foreign employer/ principal against whom a complaint

for disciplinary action has been filed shall be temporarily disqualified from participating in the
overseas employment program until the respondent submits to the jurisdiction of the
Administration.

Section 5. Effect of Filing an Answer. Upon filing of an answer, the respondent employer shall
be qualified to participate in the overseas employment program without prejudice to the
outcome of the investigation whereby the proper penalty shall be imposed.

Section 6. Preventive Suspension. A principal/employer may be suspended from participating

in the overseas employment program pending investigation of the disciplinary action case
when the evidence of guilt is strong and there is reasonable ground to believe that the
continued deployment to the principal/employer will result to further violation or exploitation
of migrant workers. The Hearing Officer shall, within sixty (60) calendar days from the filing
of the case, submit his findings and recommendations in the form of a draft order.

Section 7. Handling of Cases. The procedure provided in this Book shall also apply to
disciplinary action cases involving foreign employers/principals.

Section 8. Disqualification of Foreign Employers/ Principals. Foreign employers/principals

against whom the penalty of suspension or disqualification had been imposed through an
order, decision or resolution shall be disqualified from participating in the overseas
employment program unless cleared by the Administration or the penalty imposed is lifted.

RULE III
DISCIPLINARY ACTION AGAINST OVERSEAS WORKERS

Section 1. Grounds for Disciplinary Action. Commission by a migrant worker of any of the
offenses enumerated below or of similar offenses shall be a ground for disciplinary action:

A. Pre-Employment Offenses

1. Using, providing, or submitting false information or documents for

purposes of job application or employment.

2. Unjustified refusal to depart for the worksite after all employment and
travel documents have been duly approved by the appropriate
government agency/ies.

B. Offenses during Employment

1. Commission of a felony or crime punishable by Philippine Laws or by

the laws of the host country;

2. Unjustified breach of employment contract;

3. Embezzlement of company funds or monies and/or properties of a

fellow worker entrusted for delivery to kin or relatives in the
Philippines; and

4. Violation/s of the sacred practices of the host country.

Section 2. Filing of Complaint. Any person may file a complaint in writing and under oath for
disciplinary action against a migrant worker with the Administration.The Administration may,
on its own initiative, conduct proceedings against a migrant worker on the basis of verifiable
or official reports.

Section 3. Contents and Form of Complaint. All complaints shall be under oath and must
contain, among others, the following:

a. Name/s and address/es of the complainant/s;

b. Name/s and address/es of the respondent/s;

c. Specific act/s or omission/s constituting the alleged offense;

d. Place where the offense was committed;

 e. Date when the offense was committed; and

f. The relief/s sought. All supporting documents must be attached to the complaint,
whenever possible.

Section 4. Exempting Circumstances. The following considerations shall be legitimate reasons

for the refusal of a worker to depart for the worksite, or to abandon or withdraw from
employment:

a. Exposure to hazardous, demeaning working and living conditions;

b. Refusal of the employer or principal to grant, release or remit wages and other benefits
due the worker;

c. War, plague or other calamities at the worksite; and

d. Violation of labor laws of the Philippines, the host country or international labor laws;

Section 5. Handling of Cases. The procedures provided in this Book shall apply in disciplinary
cases involving workers.

Section 6. Temporary disqualification from overseas employment. A respondent worker

subject of a pending complaint for disciplinary action, as provided in Section 1 (A&B) of Rule
III, Part VII of these Rules, or those against whom a warrant of arrest or hold departure order
is issued by competent authority shall be disqualified from overseas employment unless
temporarily cleared.

Section 7. Effect of Filing of an Answer. Upon filing of an answer, the respondent worker shall
be qualified for overseas employment without prejudice to the outcome of the investigation
whereby the proper penalty may be imposed.

Section 8. Disqualification from Overseas Employment. Migrant workers against whom

suspension or disqualification has been imposed through an order, decision, or resolution shall
be disqualified from overseas employment unless cleared by the Administration or the penalty
imposed had been lifted.
Section 9. Preventive Suspension. A migrant worker may be preventively suspended when
the evidence of guilt is strong and the charge involves a serious offense.

RULE IV
CLASSIFICATION OF OFFENSES AND
SCHEDULE OF PENALTIES

Section 1. Classification of Offenses. Administrative offenses committed by the worker are

classified into serious, less serious, depending on their gravity. The Administration shall
impose the appropriate administrative penalties for every violation.

A. The following are serious offenses with their corresponding penalties:

 1. Commission of a felony or crime punishable by Philippine laws or by
the laws of the host country.

1 st Offense: Six months and one day to One (1) year suspension
from participation in the overseas employment program

2 nd Offense: Permanent Disqualification

2. Unjust refusal to depart for the worksite after all employment and travel
documents have been duly approved by the appropriate government
agency/ies.

1 st Offense: Six months and one day to One (1) year

suspension from participation in the overseas employment
program

2 nd Offense: Permanent Disqualification

B. The following are less serious offenses with their corresponding penalties:

1. Submission/furnishing or using false information or documents for

purposes of job application or employment.

1 st Offense: Two months to Six months suspension from

participation in the overseas employment program

2 nd Offense: Six months and one day to One (1) year

suspension from participation in the overseas employment
program

3 rd Offense: Permanent Disqualification

2. Unjustified breach of employment contract

1 st Offense: Two months to Six months suspension from

participation in the overseas employment program

2 nd Offense: Six months and one day to One (1) year

suspension from participation in the overseas employment
program

3 rd Offense: Permanent Disqualification

3. Embezzlement of company funds or monies and/or properties of a

fellow worker entrusted for delivery to kin or relatives in the
Philippines

1 st Offense: Two months to Six months suspension from

participation in the overseas employment program
 2 nd Offense: Six months and one day to One (1) year
suspension from participation in the overseas employment
program

3 rd Offense: Permanent Disqualification

4. Violation/s of the sacred practices of the host country

1 st Offense: Two months to Six months suspension from

participation in the overseas employment program

2 nd Offense: Six months and one day to One (1) year

suspension from participation in the overseas employment
program

3 rd Offense: Permanent Disqualification

RULE V
APPEAL/PETITION FOR REVIEW

Section 1. Jurisdiction. The Secretary shall have the exclusive jurisdiction to act on
appeals/petitions for review of disciplinary action cases decided by the Administration.

Section 2. Filing of Appeal/Petition. Appeals/Petitions for Review shall be filed with the
Administration within fifteen (15) calendar days from receipt of the decision by the appealing
or petitioning party.

RULE VI
COMMON PROVISIONS

Section 1. Records of Proceedings. The records of all proceedings before the Hearing Officer
shall be summarized in writing by the OE Adjudicator, including the substance of the evidence
presented. The minutes of proceedings shall be signed by the parties and shall form part of
the records. Where any of the parties refuse to sign, the refusal and reason/s given must be
indicated by the OE Adjudicator in the minutes, which must be chronologically arranged and
appropriately paged.

Section 2. Appearances. An attorney appearing for a party is presumed to be properly

authorized for that purpose. Appearances may be made orally or in writing. In both cases,
the complete name and office and the adverse party of his counsel/representative properly
advised. Any change in the address of counsel/representative should be filed with the records
of the case and furnished the adverse party or counsel. Any change or withdrawal of
counsel/representative shall be made in accordance with the Rules of Court.

Section 3. Action on Motions. The Hearing Officer shall have the authority to rule on motions
which may be done in writing or orally during the proceedings/conferences.
Section 4. Consolidation of Cases. Where there are two (2) or more cases pending before
different OE Adjudicators, involving the same respondent/s and issues, the case which was
filed last may be consolidated with the first to avoid unnecessary cost or delay. Such cases
shall be handled by the OE Adjudicator to whom the first case was assigned.

Section 5. Discovery of Another Offense. When in the course of investigation on the alleged
recruitment violation/s on pre-employment cases, another offense is uncovered, the
Administration may issue the necessary show cause order or inform the respondent/s of the
charge/s during the investigation and enter the same in the minutes. The Administration shall
allow the parties the requisite period within which to file an Answer.

Section 6. Discovery of Another Respondent. When in the course of the investigation on

recruitment violation/s alleged and/or uncovered, another agency or person is found to have
committed a violation, the OE Adjudicator shall automatically implead said agency or person
in the records of case pending, subject of investigation. For this purpose, show cause order
shall be issued to the agency or person in accordance with the Rules.

Section 7. Prescription. All recruitment violation cases enumerated in these Rules shall be
barred if not commenced or filed with the Administration within three (3) years after such
cause of action accrued. Likewise, disciplinary action shall be barred if not commenced or filed
with the Administration within three (3) years after such cause of action occurred.

Section 8. Applicability of the Rules of Court. The Revised Rules of Court of the Philippines
shall, whenever practicable, supplement these Rules in similar or analogous character in
proceedings brought before the Administration.

PART VIII
WELFARE SERVICES
RULE I
ASSISTANCE TO WORKERS

Section 1. Responsibility to Workers. The Administration shall ensure that workers deployed
overseas are amply protected and that their interest, well being and welfare are promoted.
Agencies shall be responsible for the faithful compliance by their foreign principals of all
obligations under the employment contract.

Section 2. Request for Assistance. The Administration shall take cognizance of any request
for assistance from the worker and/or his family on matters relating to overseas employment.

Section 3. Call for Action and Submission of Reports. The Administration shall require an
agency to act on complaints or problems brought to its attention or to submit reports on the
status or condition of the worker.

Section 4. Administrative Sanctions. Deliberate failure by agencies and/or employers to act

on requests for assistance and/or complaints of workers and/or families shall warrant
imposition by the Administration of such sanctions as it may deem appropriate.

Section 5. Welfare Programs and Activities. The Administration, in coordination with other
institutions, shall initiate and undertake such projects and activities that will enhance the
welfare and promote the interest of workers and their families including those that will
facilitate the psychosocial and economic reintegration of OFWs who have decided to return
home for good.

RULE II
CONCILIATION OF COMPLAINTS

Section 1. Conciliation of Complaints. The Administration may conciliate any complaint

involving a worker, licensed agency, or foreign principal/employer relating to overseas
employment.

Section 2. Conciliation Proceedings. Within 5 days upon receipt of the complaint, the
Administration shall notify the respondent and schedule a conference between the parties to
discuss the possibility of arriving at an amicable settlement. Where an amicable settlement is
reached, the Administration shall approve the same and the settlement shall be final and
binding upon the parties. Where efforts for amicable settlement fail, the conciliation
proceedings shall be terminated and the complaint shall be referred to the appropriate office
immediately. Likewise, if after evaluation of complaints and supporting documents, the
employer or principal is found to be remiss in the performance of its contractual obligations
to its workers, the Administration shall disqualify said employer or principal from participating
in the overseas employment program

Section 3. Administrative Sanction. Unjustified failure by agencies to appear or make proper

representations during conciliation proceedings, or to abide by the terms of the approved
settlement shall warrant the suspension of documentary processing until compliance.

RULE III
REPATRIATION OF WORKERS

Section 1. Repatriation of Workers. 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 or be charged
to the agency concerned and/or its principal. Likewise, the repatriation of remains and
transport of the personal belongings of the deceased worker and all costs attendant thereto
shall be borne by the principal and/or the local agency. However, in cases where 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.

Section 2. Repatriation Costs When Employment is Terminated. The principal or agency shall
advance the cost of plane fare without a prior determination of the cause of the termination
of the workers employment. However, the principal/agency may recover the cost of
repatriation from the worker upon his return to the Philippines if termination of employment
is due solely to worker's fault.

Section 3. Repatriation Procedure. When the need for repatriation arises and the principal
fails to provide for the costs, the Philippine Embassy/Consulate/ Overseas Labor Office at
worksite shall simultaneously notify the Administration and OWWA of such need. The
Administration shall require the agency to provide the plane ticket or a pre-paid ticket advice
to the Philippine Embassy/Consulate / Overseas Labor Office and to report its compliance to
the Administration which shall advise OWWA accordingly.

Section 4. Administrative Sanction for Non-Compliance. If the employment agency fails to

provide the ticket or pre-paid ticket advice within 48 hours from receipt of notice, the
Administration shall suspend the documentary processing of the agency or impose such
sanctions, as it may deem necessary. The Administration may request OWWA to advance the
costs of repatriation with recourse to the agency and/or employer. The administrative sanction
shall be lifted after the agency or employer shall have reimbursed OWWA of the costs of
repatriation.

RULE IV
WAR RISK INSURANCE AND WAR RISK PREMIUM PAY

Section 1. Declaration of War Risk Areas. In order to protect seafarers, fishermen and cruise
ship personnel from the hazards of war or war-like operations, the Administration shall,
pursuant to prior declaration by the competent authorities, declare specific areas, territorial
waters or portions of the high seas as war risk areas.

Section 2. Mandatory War Risk Insurance for Landbased Workers. All landbased workers
bound for areas declared as war risk areas shall be provided with war risk insurance coverage
of not less than P200,000.00. This war risk insurance shall be provided by the employer at
no cost to the worker.

Section 3. War Risk Premium Pay. Workers who work on areas declared as war risk areas
shall be entitled to premium pay or its equivalent, the form of which shall be determined by
the Administration.

RULE V
EDUCATION PROGRAM ON OVERSEAS EMPLOYMENT

Section 1. Workers Education Program. In accordance with the policy of full disclosure, the
Administration shall provide a comprehensive and integrated education program on overseas
employment and shall be undertaken in partnership with other relevant organizations and
government entities. Such education program shall cover all stages of recruitment and
employment and provide information useful for overseas workers.

Section 2. Program Development Administration and Linkages. The Administration shall

develop and administer the program in partnership with concerned government agencies,
industry associations, civic-oriented groups and non-government organizations.

Section 3. Orientation Programs. The Administration shall conduct regular orientation

programs that are country and skills-specific.
Section 4. Information Campaign. The Administration shall conduct a nationwide, multi-media
and sustainable grassroots information campaign to create public awareness on the realities
of overseas employment.

Section 5. Orientation of Licensed Agencies Representatives. The Administration shall provide

continuing orientation programs to officers and staff of licensed agencies.

Section 6. Orientation of Foreign Employers. The Administration shall provide orientation to

foreign employers on the requirements, standards, laws and regulations in the recruitment
and employment of Filipino workers.

RULE VI
MANPOWER REGISTRATION

Section 1. Manpower Registry. The Administration shall adopt a system of registration of

landbased workers and maintain a registry of qualified applicants in accordance with the
requirements of their occupations.

Section 2. Manpower Sourcing from the Registry. Aside from the in-house placement facility
of the Administration, private recruitment agencies may source their manpower requirements
from the POEA registry.

Section 3. Referral of Qualified Applicants. The Administration may refer qualified applicants
from the registry to agencies for possible placement.

Section 4. Agency Manpower Pool. An agency may maintain its own manpower pool provided
no fee shall be charged to the applicant nor services be required of him in consideration of
membership in the manpower pool.

RULE VII
MANPOWER RESEARCH AND DEVELOPMENT

Section 1. Research Studies. The Administration, in coordination with other entities, shall
conduct periodic researches and studies on labor supply especially as it relates to the
monitoring of the outflow of critical skills.

Section 2. Manpower Development Program for Overseas Workers. The Administration shall
extend technical support and establish linkages with government agencies and other
concerned sectors in the development and provision of assistance programs in the training of
overseas workers for overseas jobs as well as in enabling them to transfer their skills and
learning, upon their return.

Section 3. Training Programs and Standards. The Administration shall coordinate with private
entities, government agencies, and employers concerned in the formulation of training
programs and standards.
PART IX
TRANSITORY PROVISIONS

Section 1. Transfer of Welfare Services Provisions to OWWA. All provisions pertaining to the
welfare of migrant workers, shall be transferred to OWWA within three (3) months from the
affectivity of these rules. In the meantime, POEA shall continue to perform welfare services.

PART X
GENERAL AND MISCELLANEOUS PROVISIONS

Section 1. Authority to Administer Oaths. The Administrator, or any person authorized under
existing laws, shall have the authority to administer oaths and require the attendance of
witnesses or the production of any book, paper, correspondence, memoranda and other
documents relevant or material to the case or inquiry.

Section 2. Construction. These Rules shall be liberally construed to carry out the objectives
of the
Constitution, the Labor Code of the Philippines and the Laws pertaining to overseas
employment and to assist the parties in obtaining just, expeditious and inexpensive
settlement of disputes. All doubts in the implementation or interpretation of these Rules shall
be resolved in favor of labor.

Section 3. Transfer of Cash Bond. Placement agencies shall be allowed to withdraw their
existing cash bonds so that the same may be used to comply with the escrow deposit
requirement under Section 4, Rule II, Part II of these rules.

Section 4. Separability Clause. The provisions of these Rules and Regulations are declared to
be separable and if any provision or the application thereof is held invalid or unconstitutional,
the validity of the other provisions shall not be affected.

Section 5. Repealing Clause. All policies, issuances, rules and regulations inconsistent with
these
Rules are hereby repealed or modified accordingly.

Section 6. Effectivity. These Rules shall take effect fifteen (15) days from publication in a
newspaper of general circulation.

Done in the City of Mandaluyong, Republic of the Philippines, this 4th day of February 2002.

APPROVED:
PATRICIA A. STO. TOMAS
Chairperson
ROSALINDA DIMAPILIS-BALDOZ LUZVIMINDA L. ELBINIAS
Board Member Board Member

EZEKIEL T. ALUNEN VICENTE F. ALDANESE, JR.

Board Member Board Member

GREGORIO S. OCA
Board Member

ANNEX “A”
POEA INSPECTION MANUAL
PART I GENERAL POLICY

Inspection Program

1. Scope and Importance of Inspection: Among the priority program thrusts of the Philippine
Overseas Employment Administration is the protection of Overseas Filipino Workers (OFWs)
and the promotion of their interest and welfare. To ensure that this thrust is met by licensed
recruitment agencies, compliance is monitored through inspection activities. Inspection
functions include assistance to both agencies and applicants and enforcement of existing labor
laws, rules and regulations on overseas employment. By way of accurate information, advice
and explanation during the conduct of inspection, POEA inspectors are able to assist both
agencies and applicants to fully understand existing rules and regulations and other pertinent
issuances on overseas recruitment procedures. More importantly, through inspection, the
Administration enforces existing labor laws, rules and regulations on overseas employment.
Deviant practices and irregularities are closely observed, monitored documented and reported
to concerned authorities for appropriate action.

2. Qualifications of Inspectors. To efficiently and effectively discharge their sensitive tasks,

the following qualities and qualifications are required of inspectors:
 a) As public officer, the POEA inspector must possess a great sense of
dedication and commitment in carrying out his assigned tasks/functions. He is
expected to observe fairness, tact and diplomacy in the conduct of inspection
activities to likewise command the respect and courtesy of the client.

b) The POEA inspector must be impartial to ensure that no prejudice is

committed. The result of every assignment must be clear and transparent.

c) As a rule of thumb, the POEA inspector must strictly observe the rule on
confidentiality. An inspector’s report can be made public only if his superiors
find valid reasons for its disclosure.

PART II. INSPECTION PROPER

1. Preparation

The primary consideration in a tour of inspection is the preparation of an effective and reliable
inspection program. To achieve this goal, priorities are determined and a program is designed
to determine compliance of agencies/ entities and accredited training centers with related
labor laws, issuances, rules and regulations on overseas recruitment. Planning for an
inspection tour is aimed at maximizing manpower and resources. Agencies/entities for
inspection are scheduled on a per zone basis to ensure that offices within the area requiring
inspection can be attended to.

2. Types of Inspection

a. Regular Inspection – This entails the conduct of ocular inspection on the office
premises of agencies and entities with applications for:

· Issuance of license

· Renewal of license

· Accreditation of studios, PDOS venues

· Renewal of authority to operate a training center

· Establishment of branch office (agency and training centers), extension office and/or request
for occupancy of additional room within address/building

· Transfer of business address of main and branch office, studio, training center and
PDOS venue

· One-Year of operation after renewal of license

3. Spot Inspection – This kind of inspection is undertaken in the following instances:

· Suspension and/or cancellation of license or authority

· Delisting of an agency from the roster of licensed agencies

· Possible conduct of recruitment at the old address

· Documented reports on illegal recruitment activities of a person/ agency/ entity

· Reported violation/ non-compliance of agency/ entity with POEA Rules and Regulations and
other related issuances.

· Giving up of room/additional space

· Monitoring recruitment activities outside acknowledged office address.

4. Salvo Inspection – This peculiar type of inspection is conducted to determine compliance

of agencies/ training centers with the rules and regulations on overseas employment and to
validate reported violations and malpractices committed in the course of their operations.

5. Regional Inspection – This entails simultaneous spot inspection of private recruitment

agencies/ entities including training centers located in the regions.

PART III. INSPECTION PROCEDURES

A. Inspection zoning and scheduling – To fully maximize the time and effort in the conduct of
inspection and to ensure the quality and reliability of inspection results, proper scheduling
and zoning of agencies/ entities should be observed. The list of agencies/ entities to be
inspected for the day is the responsibility of the Chief of the Inspection Division with the
assistance of the Supervising Labor and Employment Officer and a Senior Labor and
Employment Officer designated as an Account Officer. Inspection schedules are planned in
advance and the following are carefully prepared and identified:

1. Registered business address of the agency

2. All pertinent data and information on the agencies/ entities which are the
subject for inspection.

3. A team of two inspectors who shall conduct inspection during office hours.

4. Inspection Authority clearly stating the name and address of the agency to be
inspected, the names of the inspectors and the purpose and nature of
inspection.

5. Inspection authority bearing the signature/s of POEA official signatories, as

follows:

a) Regular Inspection - Inspection authority shall bear the signature of

the Director II, Licensing Branch or his duly authorized representative.
 b) Spot Inspection - Inspection authority shall bear the signature of the
Director, Licensing and Regulation Office or his duly authorized
representative.
c) Salvo Inspection - Inspection authority shall bear the signature of the
Deputy Administrator for Licensing and Adjudication or his duly
authorized representative.
d) Regional Inspection - A Special order shall bear the signature of the
Administrator or his duly authorized representative.

B. Conduct of Inspection

1. Limitation – Inspection shall be conducted only in the premises of

agencies/entities named in the Inspection Authority. The Authority, on the
other hand, shall be valid only on the date specified therein.

2. Frequency – Except when necessity requires, inspection shall be conducted

periodically as provided for in the Section II, Rule IV of the Rules and
Regulations Governing Overseas Employment as amended. As a general rule,
conduct of inspection shall be discreet to guarantee maximum effectivity. POEA
inspectors are to observe the actual operations of the agencies/entities
concerned.

3. Entry to the Office Premises – Inspection shall be done during the regular
working hours except when ordered otherwise. Inspectors should be in proper
office attire and should at all times observe the tenets of good conduct in the
course of their assignment. During inspection, the inspectors must present their
inspection authority, introduce themselves and state the purpose of their visit.
Whenever possible, the inspectors must meet the
President/Proprietor/Manager of the Agency/ entity, or in his absence seek a
responsible officer to discuss matters affecting their operation. Inspectors
should not enter the premises of an agency/entity without the approval of any
of its responsible officers.

4. Refusal to allow entry – Rule II, g (a) of the Implementing Rules and
Regulations of the Labor Code of the Philippines as amended, provides for the
access of the Labor/POEA inspectors to the agency/entity premises anytime of
the regular working days within the regular working hours. When the
President/Proprietor/ Manger or any responsible officer of the agency/entity
refuses the entry of inspectors after presentation of an inspection authority, or
allows entry but refuses to allow conduct of inspection, the team must withdraw
and submit a report stating that they were refused entry or that they were
prevented from conducting the inspection after entry to the office was allowed.
A recommendation to refer the matter to the Adjudication Office can be made.

5. Conduct of Actual Ocular Inspection

a) Opening Conference – The POEA inspector shall inform the

representative of the agency/entity the purpose of the inspection
and shall request permission to move around the office premises
for an ocular inspection in his presence or with any of his
representative. The meeting must be as brief as possible.
 Conditions of the office operation should be assessed, all facts
pertinent to apparent irregularities/violations should be recorded.
Likewise, inspectors should ascertain if subject agency/ entity
has maintained its compliance with the space, facilities and
operational requirements of the Administration.

b) Sources of Information – Notwithstanding the facts gathered

in the course of interview with the office representative and the
actual observations noted during the ocular inspection, other
information regarding agency operations can be gathered from
prospective applicants and employees of the agency. Interviews
must be objective since this can disclose matters which may be
used as a source of information regarding the agency’s day-to-
day operations. As much as possible, interviews must not be
done in the presence of the agency head to enable applicants
and/or employees to freely answer questions and provide the
information that may validate facts gathered in the course of
inspection. Information provided by applicants and agency
personnel should be clearly reflected in the inspection report
form with their signatures affixed on it.

c) Documenting/Recording Information – It is a must that all

information be reduced in writing in either English or Pilipino.
This shall be attached and/or reflected in the Inspection Report
Form for documentation and reference.

d) Examination of Books of Accounts, Official Receipts and other

pertinent documents/ records - The POEA inspectors shall
inspect/examine records which are pertinent to the purpose of
inspection (i.e. Books of Accounts, Official Receipts, Deployment
Reports, Payroll Reports etc.).Where the results of examination
indicate violations involving illegal exaction (charging of fees
beyond the allowable amount prescribed by the Administration),
non-submission of payroll and deployment reports as required,
copies of the documents reflecting the irregularities noted must
be reproduced and serve as evidence in cases where legal
proceedings are to be pursued.

e) Completion of Inspection –Upon completion of the inspection,

the inspector shall accomplish the Inspection Report Form clearly
stating the information and observations made. Any violations
discovered in the course of inspection should also be reflected
and should not be subjected to any compromise or agreement.
The inspector shall give the agency/entity representative an
opportunity to read and go over the contents of the inspection
report. If the agency representative/owner contests the
inspection results, the Inspectors must indicate with clarity that
the agency officer concerned refused to acknowledge the results
of the activity. The inspection report, together with signed
statements, and all other pertinent materials relevant to
substantiate the inspection findings, if any, shall be submitted to
the Chief, Inspection Division within 24 hours from the date the
 ocular inspection was conducted for review and possible course
of action if it so requires. Where findings involve violations of
recruitment rules and regulations, proper indorsement to the
Adjudication Office shall be prepared.

f) Evaluation of Inspection Report. Submitted inspection

reports shall be evaluated by the Chief, Inspection Division
through the assistance of the Supervising Labor and Employment
Officer. Such evaluation is aimed at checking the reliability and
accurateness of the inspection report. Likewise, evaluation of
inspection report shall be the basis in identifying problems
encountered in the course of inspection and assessing the
efficiency of inspection procedures. Spot inspection, on certain
instances, may be conducted to validate inspection results
whenever there is a need to verify the accuracy of reports
submitted by the inspectors.