PHR 326 - Module For Week No.3
PHR 326 - Module For Week No.3
Welcome Notes:
WELCOME BSBA STUDENTS!!!
Get ready to be challenged…
Learn something new everyday by adapting the
‘New Normal’
I. INTRODUCTION:
This lesson allows you to understand the local and foreign recruitment or employment. It will also
invigorate you knowledge on the fundamental state policies covering labor and employment.
II. OBJECTIVES:
At the end of this module, you should be able to:
1. identify the policies of the state regarding local and overseas employment, and
2. discover the application of state policies to real-life scenarios
Instruction: Look at the photo below. What can you infer from this?
GREAT!!!
You may now proceed to the main lesson.
Based on the preliminary activities, what did you notice about it?
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CONGRATULATIONS!
You may now proceed to the lesson.
Promotion of Employment
The Secretary of Labor shall have the power and authority.
1. To organize and establish new employment offices in addition to the existing employment offices
under the Department of Labor as the need arises;
2. To organize and establish a nationwide job clearance and information system to inform applicants
registering with a particular employment office of job opportunities in other parts of the country as
well as opportunities abroad;
3. To develop and organize a program that will facilitate occupational industrial and geographical
mobility of labor and provide assistance in the relocation of
4. workers from one area to another, and
5. To require any person, establishment, organization or institution to submit such employment
information as may be prescribed by the Secretary of Labor (Art. 14 Labor Code as amended)
Powers and Duties
Article 15 of the Labor Code of the Philippine as amended (PD 442) was modified or amended by EO 797
issued on May 1, 1982 creating the Bureau of Local Employment(BLE) with the following powers and
duties:
1. To formulate policies, standards and procedures on productive manpower resources, development,
utilization and allocation.
2. Establish and administer the machinery for effective allocation of manpower resources for
maximum employment and placement.
3. Regulate and supervise private sector participation in the recruitment and placement of workers
locally under such rules and regulations as may be issued by the Secretary.
4. Establish and maintain a registration of work permit system to regulate employment of aliens.
5. Develop and maintain labor market information system in aid of proper manpower and
development planning
6. Formulate employment programs designed to benefit disadvantaged groups and communities, and
7. Perform such other functions as may be provided by law (Sec 3 EO 797)
Recruitment and Placement
Recruitment and placement refers to any act of canvassing, enlisting, contracting transporting,
utilizing, hiring or procuring workers and includes referrals, contract services, promising or advertising for
employment locally or abroad whether for profit or not provided that any person or entity which, in any
manner, offers or promises for a fee employment to two or more persons shall be deemed engaged in
recruitment and placement (Art. 13(b) Labor Code as amended). Recruitment includes that act of referral or
the act of passing along or forwarding of an applicant for employment to a selected employer, placement
offices or bureau (People vs. Saley 291 SCRA 715).
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The number of persons dealt with is not an essential ingredient of the act of recruitment and placement of
workers. The provision merely creates a presumption. (People vs Panis GR No. L-58674-77, July 17,
1986).
Private fee-charging Employment Agency
Private fee-charging employment agency means any person or entity engaged in the recruitment
and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or
both (Art. 13 (c) Labor Code as amended).
License
License means a document issued by the Department of Labor authorizing a person or entity to
operate a private employment agency (Art. 12 (d) Labor Code as amended)
Private Recruitment Entity
Private recruitment entity means any person or an association engaged in the recruitment and
placement of workers locally or overseas, without charging, directly or indirectly, any fee from the workers
or employers (Art.13 (e) Labor Code as amended)
REPUBLIC ACT NO. 8759- “An act institutionalizing a national facilitation service network through the
establishment of a public employment service office in every province, key city and other strategic areas
throughout the country”
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This Act shall be known as the "Public Employment Service Office Act of 1999." One of the essential
provisions of this law is stated below, the detailed parts of law can be accessed at
https://lawphil.net/statutes/repacts/ra2000/ra_8759_2000.html
Section 4. Objectives of the PESO. - In general, the PESO shall ensure the prompt, timely and efficient
delivery of employment service and provision of information on the other DOLE programs.
(a) Provide a venue where people could explore simultaneously various employment options and actually
seek assistance they prefer;
(b) Serve as referral and information center for the various services and programs of DOLE and other
government agencies present in the area;
(c) Provide clients with adequate information on employment and labor market situation in the area; and
(d) Network with other PESOs within the region on employment for job exchange purposes.
Section 5. Functions of the PESO. - The PESO shall have the following functions:
(a) Encourage employers to submit to the PESO on a regular basis a list of job vacancies in their respective
establishments in order to facilitate the exchange of labor market information between job seekers and
employers by providing employment information services to job seekers, both for local and overseas
employment, and recruitment assistance to employers;
(b) Develop and administer testing and evaluation instruments for effective job selection, training and
counselling;
(c) Provide persons with entrepreneurship qualities access to the various livelihood and self-employment
programs offered by both government and nongovernmental organizations at the
provincial/city/municipal/barangay levels by undertaking referrals for such programs;
(d) Undertake employability enhancement trainings/seminars for job seekers, as well as those who would
like to change career or enhance their employability;
(e) Provide employment or occupational counselling, career guidance, mass motivation and values
development activities;
(f) Conduct pre-employment counselling and orientation to prospective local and, most especially, overseas
workers;
(g) Provide reintegration assistance services to returning Filipino migrant workers; and
(h) Perform such functions as wilfully carry out the objectives of this Act.
Prohibited Practices
It shall be unlawful for any individual, entity, license or holder of authority.
1. To change or accept, directly or indirectly, any amount greater than that specified in the schedule
of allowable fees prescribed by the Secretary of Labor or to make a worker pay any amount greater
than that actually received by him as a loan or advance;
2. To furnish or publish any false notice or information or document in relation to recruitment of
employment;
3. 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 this Code;
4. To induce or to attempt to induce a worker already employed to quit his employment in order to
offer him to another unless the transfer is designed to liberate the worker from oppressive terms
and conditions of employment;
5. To influence or to attempt to influence any person or entity, not to employ any worker who has
applied for employment through his agency:
6. To engage in the recruitment or placement of workers in jobs harmful to public health or morality or
to dignity of the Republic of the Philippines;
7. To obstruct or to attempt to obstruct inspection by the Secretary of Labor or by his duly authorized
representatives,
8. To fail to file 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 of Labor
9. To substitute or alter employment contract approved and verified by the Department of Labor from
the time of actual signing thereof to the periods of expiration of the same without the approval of
the Secretary of Labor,
10. 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, and
11. To withhold or deny travel documents from applicant workers before departure for monetary or
financial considerations other than those authorized under this Code and its implementing rules
and regulations. (Art. 34 Labor Code as amended)
Republic Act no. 10022- “An act amending republic act no. 8042, otherwise known as the Migrant
Workers and Overseas Filipinos act of 1995, as amended, further improving the standard of protection and
promotion of the welfare of migrant workers, their families and overseas Filipinos in distress, and for other
purposes”
For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or
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advertising for employment abroad, whether for profit or not, when undertaken by non-licensee or non-
holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise
known as the Labor Code of the Philippines: Provided, That any such non-licensee or non-holder who, in
any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so
engaged. It shall likewise include the following acts, whether committed by any person, whether a non-
licensee, non-holder, licensee or holder of 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 of Labor and Employment, or to make a worker pay or
acknowledge any amount greater than that actually received by him as a loan or advance;
"(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, or for the purpose of documenting
hired workers with the POEA, which include the act of reprocessing workers through a job order that
pertains to nonexistent work, work different from the actual overseas work, or work with a different
employer whether registered or not with the POEA;
"(d) To include 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 or who has formed, joined or supported, or has contacted or is
supported by any union or workers' organization;
"(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;
"(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 of Labor and Employment;
"(i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the
Department of Labor and Employment 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 Department of Labor and
Employment;
"(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 travel agency;
"(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial
considerations, or for any other reasons, other than those authorized under the Labor Code and its
implementing rules and regulations;
"(l) Failure to actually deploy a contracted worker without valid reason as determined by the Department of
Labor and Employment;
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"(m) Failure to reimburse expenses incurred by the worker in connection with his documentation and
processing for purposes of deployment, in cases where the deployment does not actually take place
without the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be
considered an offense involving economic sabotage; and
"(n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency. (The
LawPhil Project, Available @ https://www.lawphil.net/statutes/repacts/ra2010/ra_10022_2010.html)
EMPLOYMENT OF NON-RESIDENT ALIEN
Employment Permit of Non-Resident Aliens
All foreign national seeking gainful employment in the Philippines or there prospective employers
shall file their applications with the DOLE Regional Office having jurisdiction over the intended place of
work . (Sec 4. DO 146-15, August 20, 2015)
The applicant shall pay Php 9,000.00 for a valid permit of (one) 1 year and Php 4,000.00 for every
additional year of validity. (Sec. 5 DO 146-15)
Grounds upon which Permit must be issued:
Alien Employment Permit (AEP) shall be issued based on the following grounds:
1. Compliance by the applicant employer or the foreign national with the substantive and
documentary requirements:
2. Determination by the DOLE Secretary that there is no Filipino national who is competent able and
willing to do the job for which the services of the applicant are desired, and
3. Assessment by the DOLE Secretary that the employment of the foreign national will redound to
national benefit
ACTIVITY 1
Name: ______________________________ Course & Section: __________________
Instruction: Identify whether the following statement is TRUE or FALSE. (10 items x 1 point each)
________1. It is the policy of the state to promote and maintain a state of full capital through improved
manpower training, allocation and utilization.
________2. It is the duty of the President to organize and establish new employment offices in addition
to the existing employment offices under the Department of Labor as the need arises.
________3. Recruitment and placement refers to any act of canvassing, enlisting, contracting
transporting, utilizing, hiring or procuring workers.
________4. Private fee-charging employment agency means any person or entity engaged in the
recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers
or employers or both.
________5. Private recruitment entity means any person or an association engaged in the recruitment
and placement of workers locally or overseas, without charging, directly or indirectly, any fee from the
workers or employers.
________6. REPUBLIC ACT NO. 8769 is “An act institutionalizing a national facilitation service network
through the establishment of a public employment service office in every province, key city and other
strategic areas throughout the country”
________7. Seaman means any person employed in a vessel engaged in maritime navigation.
________8. Emigrant means any person, worker or otherwise who emigrates to a foreign country by
virtue of an immigrant visa or resident permit or its equivalent in the country of destination.
________9. It is lawful to o furnish or publish any false notice or information or document in relation to
recruitment of employment.
________10. Republic Act no. 10022 is “An act amending republic act no. 8042, otherwise known as the
migrant workers and overseas Filipinos act of 1995.
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VI. GENERALIZATION
Name: ______________________________ Course & Section: __________________
Instruction: Research at least one news article about local or overseas employment. Write a summary and
reflection about it on the space provided below.
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KUDOS!
You have come to an end of Module 3.
OOPS! Don’t forget that you have still an assignment to do.
Here it is….
VII. ASSIGNMENT
1. Republic Act no._____________________ is “An act amending republic act no. 8042, otherwise
known as the Migrant Workers and Overseas Filipinos act of 1995.
2. ______________________ includes that act of referral or the act of passing along or forwarding of
an applicant for employment to a selected employer, placement offices or bureau (People vs. Saley
291 SCRA 715).
3. ______________________ means a document issued by the Department of Labor authorizing a
person or entity to operate a private employment agency (Art. 12 (d) Labor Code as amended)
4. ______________________means employment of a worker outside the Philippines (Art. 13 (h)
Labor Code as amended). It is an employment of a worker outside the Philippines covered by a
valid contract (POEA Rules and Regulations Governing the Recruitment and Employment of Land
Based overseas Worker, Feb. 2, 2004).
5. ______________________means any person, worker or otherwise who emigrates to a foreign
country by virtue of an immigrant visa or resident permit or its equivalent in the country of
destination (Art. 13 (1) Labor Code as amended)
After your long journey of reading and accomplishing the module, let us now
challenge your mind by answering the evaluation part of this module.
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VIII. EVALUATION