POEA RULES AND REGULATIONS GOVERNING mandatory provisions for grievance and

OVERSEAS EMPLOYMENT arbitration machineries.

BOOK I
j. Contract Worker – any person working or who
GENERAL POLICY
has worked overseas under a valid employment
contact.
RULE I
GENERAL STATEMENT OF POLICY
k. Department – the Department of Labor and
It shall be the policy of the Administration to: Employment (DOLE).
a. Promote and develop overseas employment
opportunities in cooperation with relevant
l. Directorate – the executive body of the
government institutions and the private sector;
Administration composed of its Administrator,
Deputy Administrators and Directors as defined
b. Establish the environment conducive to the herein.
continued operations of legitimate, responsible
and professional private agencies;
m. Director-LRO – the Director of the Licensing
and Regulation Office.
c. Afford protection to Filipino workers and their
families, promote their interests and safeguard
n. Director-PSO – the Director of the Pre-
their welfare; and
Employment Services Office.

d. Develop and implement programs for the

o. Director-AO – the Director of the Adjudication
effective monitoring of returning contract workers
Office.
promoting their re-training and re-employment of
their smooth re-integration into the mainstream
of the national economy. p. Director WEO – the Director of the Welfare and
Employment Office.
RULE II
DEFINITION OF TERMS q. Employer – any person, partnership or
corporation, whether local or foreign, directly
For purposes of these Rules, the following terms are engaging the services of Filipino workers
defined as follows: overseas.
a. Administration – the Philippine Overseas
Employment Administration (POEA).
r. Foreign Exchange (Forex) Earnings – the
earnings in terms of US dollars (US$) or any other
b. Administrator – the Administrator of the POEA. acceptable foreign currency of overseas workers
and agencies.
c. Agency – A private employment or a manning
agency as defined herein. s. Governing Board – the policy-making body of
the Administration.
d. Allottee – any person named or designated by
the overseas contract workers as the recipient of t. Government-to-Government Hiring –
his remittance to the Philippines. recruitment and placement of Filipino workers by
foreign government ministries or
instrumentalities through the Administration.
e. Balik-Manggagawa (Vacationing Worker) – a
land-based contract worker who is on a vacation
or on an emergency leave and who is returning to u. Job Fair – an activity conducted outside of an
the same worksite to resume his employment. agency’s authorized business address whereby
applicants are oriented on employment
opportunities and benefits provided by foreign
f. Beneficiary – the person/s to whom
principals and employers.
compensation benefits due under an overseas
employment contract are payable by operation of
law or those to whom proceeds of a life or v. License – a document issued by the Secretary
accident insurance are likewise payable. authorizing a person, partnership or corporation
to operate a private employment agency or a
manning agency.
g. Center – the POEA Regional Center in Cebu and
such other regional centers as may hereinafter be
established. w. Manning Agency – any person, partnership or
corporation duly licensed by the Secretary to
recruit seafarers for vessel plying international
h. Code – the Labor Code of the Philippines, as
waters and for related maritime activities.
amended.

x. Manning Agreement – an agreement entered

i. Collective Bargaining Agreement – the
into by and between the principal and the
negotiated contract between a legitimate labor
licensed manning agency defining the
organization and the employer concerning wages,
responsibilities of both parties with respect to the
hours of work and all other terms and conditions
of employment in a bargaining unit, including
employment of ship personnel for their enrolled kk. Regional Director – the head of the Regional
vessels. Offices of the Department.

y. Commission – the National Labor Relation ll. Regional Extension Unit – the field offices of the
Commission. Administration in designated regions in the
Philippines.
z. Name Hire – a worker who is able to secure
employment overseas on his own without the mm. Regional labor Center (RLC) – the regional
assistance or participation of any agency. field office of the Administration.

aa. Non-Licensee – any person, partnership or nn. Regional Offices – the regional office of the
corporation who has not been issued a valid Department of Labor and Employment.
license to engage in recruitment and placement,
or whose license has been suspended, revoked or
oo. Remittance – the amount or portion of the
cancelled.
foreign exchange earnings sent by the worker to
the Philippines.
bb. One-Stop Processing Center – an inter-agency
servicing body designed to facilitate the
pp. Secretary – the Secretary of Labor and
documentation of contract workers.
Employment.

cc. Overseas Employment – employment of a

qq. Service Fee – the amount charged by a
worker outside the Philippines including
licensee from its foreign employer-principal as
employment on board vessels plying international
payment for actual services rendered in relation
waters, covered by a valid employment contract.
to the recruitment and employment of workers for
said principal.
dd. Philippine Shipping Company – any person,
partnership or corporation registered under the
rr. Valid Employment Contract – a written
laws of the Philippines and duly accredited to
agreement entered into by and between the
engage in overseas shipping activities by the
employer and/or the local agency and the
Maritime Industry Authority (MARINA).
overseas contract worker containing the terms
and conditions of employment that are in
ee. Philippine Registered Vessel – vessels duly consonance with the master employment
registered in the Philippines. contract as approved by the Administration.

ff. Placement Fee – the amount charged by a ss. Verification – the action of labor attaché or
private employment agency from a worker for its any other officer designated by the Secretary of
services in securing employment. Labor and Employment in the Philippine Embassy
or Consulate, in reviewing employment
documents of Filipino nationals with the view to
gg. Principal – any foreign person, partnership or
establish the existence of the employing
corporation hiring Filipino workers through an
company, its ability to hire workers at the
agency.
prescribed rates, at desirable working conditions
consistent with the standards prescribed by the
hh. Private Employment Agency – any person, Administration and terms and conditions
partnership or corporation engaged in the prevailing in the country of employment.
recruitment and placement of workers for a fee
which is charged, directly or indirectly, from the
BOOK II
workers or employees or both.
LICENSING AND REGULATION

ii. Recruitment Agreement – the agreement RULE I

entered into by and between the foreign principal PARTICIPATION OF THE PRIVATE SECTOR IN THE OVERSEAS
and the licensed private employment agency EMPLOYMENT PROGRAM
defining the responsibilities of both parties with
respect to the employment of workers for their Section 1. Qualifications for Participation in the Overseas
overseas projects. Employment Program. - Only applicants who possess the
following qualifications may be permitted to participate in
the overseas employment program:
jj. Recruitment and Placement – any act of
a. Filipino citizens, partnerships or corporations at
canvassing, enlisting, contracting, transporting,
least seventy five percent (75%) of the authorized
utilizing, hiring or procuring workers and includes
and voting capital stock of which is owned and
referrals, contract services, promising or
controlled by Filipino citizens;
advertising for employment, locally or abroad,
whether for profit or not; provided, that any
b. A minimum capitalization of One Million Pesos
person or entity which, in any manner, offers or
(P1,000,000.00) in case of a single proprietorship
promises for a fee employment to two or more
or partnership and a minimum paid-up capital of
persons shall be deemed engaged in recruitment
One Million Pesos (1,000,000.00) in case of a
and placement.
corporation; and

c. Those not otherwise disqualified by law or

 these guidelines to engage in the recruitment and c. Escrow agreement in the amount of
placement of workers for overseas employment. P200,000.00 with an accredited reputable
banking corporation to primarily answer for valid
Section 2. Disqualifications. - The following are not and legal claims of recruited workers as a result
qualified to participate in the recruitment and placement of recruitment violations or money claims;
of Filipino workers overseas:
a. Travel agencies and sales agencies of airline
d. Clearance of all members of the Board of
companies;
Directors, partner, or proprietor of the applicant
agency from the National Bureau of Investigation
b. Officers or members of the Board of any
(NBI) and other government agencies as the need
corporation or members in a partnership engaged
may require, Fiscal’s clearance in case of persons
in the business of a travel agency;
with criminal cases; provided that where the
member or partner concerned is a foreigner,
c. Corporations and partnerships, when any of its
clearance from his country of origin shall be
officers, members of the board or partners, is also
acceptable;
an officer, member of the board of partner of a
corporation or partnership engaged in the
business of a travel agency; e. Proof of marketing capability;

d. Persons, partnerships or corporations which

have derogatory records such as, but not limited
For land-based applicants:
to overcharging of placement or documentation
fees, false documentation, illegal recruitment and
An applicant with an actual
swindling or estafa, or those convicted of crimes
principal/foreign employer to be
involving moral turpitude;
serviced, shall at the time of
application submit the following
e. Persons employed in the Department or in
documents for evaluation:
other government offices directly involved in the
overseas employment program, and their
(1) A duly executed
relatives within the fourth degree of
Special Power of
consanguinity or affinity; and
Attorney authenticated
by the Philippine
f. Persons, partners, officers and Directors of
Embassy/Consulate or
corporations whose license has been previously
Labor Attache in the
cancelled or revoked for violation of the Labor
place where the
Code, or its implementing rules, or other relevant
principal/employers
laws, decrees, rules and regulations, and
hold their office; or
issuances.
(2) A concluded
RULE II
service/recruitment
ISSUANCE OF LICENSE
agreement
authenticated by the
Section 1. Requirements for Issuance of License. - Every
Philippine
applicant for license to operate a private employment
Embassy/Consulate, or
agency or manning agency shall submit a written
Labor Attache in the
application together with the following requirements:
place where the
a. A certified copy of the Articles of Incorporation
project/job site is
or of Partnership duly registered with the
located;
Securities and Exchange Commission (SEC), in
the case of corporation or partnership or
(3) An authenticated
Certificate of Registration of firm or business
manpower mobilization
name with the Bureau of Domestic Trade (BDT) in
request or visa
the case of a single proprietorship;
approval of not less
than fifty (50) workers
b. Proof of financial capacity: In the case of a for deployment within
single proprietorship or partnership, verified a period not exceeding
income tax returns for the past two (2) years and six (6) months from
a bank certificate of a cash deposit of issuance of approved
P250,000.00, provided that the applicant should license;
submit an authority to examine such bank
deposit. An applicant who, at the time of
application is unable to present
a foreign principal/employer
In the case of a newly organized corporation,
shall, upon compliance with all
submission of a bank certificate of a cash deposit
other licensing requirements as
of at least P250,000.00 with authority to examine
herein provided, be issued a
the same. For an existing corporation,
provisional license, subject to
submission of a verified financial statement,
submission of a verified
corporate tax returns for the past two (2) years
undertaking to deploy at least
and bank certification of a cash deposit of at least
fifty (50) workers, exclusive of
P250,000.00 with the corresponding authority to
direct hired, within a period not
examine such deposit.
exceeding six (6) months from
date of issuance of provisional
 license. It is understood that equipment and recommend to the Secretary the approval
failure to comply with this or denial of the application.
undertaking shall result in the
automatic revocation of the
Section 3. Issuance of License. - The Administration shall
provisional license.
recommend to the Secretary issuance of the
corresponding license upon due evaluation and
For manning applicants:
compliance with licensing requirements and operational
(1) A duly executed Special
standards.
Power of Attorney authenticated
by the Philippine
Embassy/Consulate or Labor Section 4. Payment of Fees and Posting of Bonds. - Upon
Attache in place where the approval of the application, the applicant shall pay a
vessel license fee of P30,000.00. It shall also post a cash bond of
owners/operators/manager hold P100,000.00 and a surety bond of P50,000.00 from a
their principal office; or bonding company acceptable to the Administration and
duly accredited by the Insurance Commission. The bonds
(2) A duly concluded manning shall answer for all valid and legal claims arising from
agreement authenticated by violations of the conditions for the grant and use of the
the Philippine Embassy, license, and/or accreditation and contracts of
Consulate, or Labor Attache in employment. The bonds shall likewise guarantee
the place where the compliance with the provisions of the Code and its
vessel/owners/operators/ implementing rules and regulations relating to recruitment
manager hold their principal and placement, the Rules of the Administration and
office; relevant issuances of the Department and all liabilities
which the Administration may impose. The surety bonds
(3) A manpower mobilization shall include the condition “that notice to the principal is
request of not less than fifty notice to the surety and that any judgment against the
(50) seafarers for deployment principal in connection with matters falling under POEA’s
within a period not exceeding jurisdiction shall be binding and conclusive on the surety.
six (6) months from issuance of The surety bonds shall be co-terminus with the validity
approved license. period of the license.

f. A verified undertaking stating that the

Section 5. Validity of License. - Every license shall be valid
applicant:
for at least two (2) years from the date of issuance unless
(1) Shall select only medically and
sooner cancelled or revoked by the Secretary or
technically qualified recruits;
suspended by the Administration for violation of the Code
and its rules and relevant decrees, orders and issuances
(2) Shall assume full and complete
and other rules and regulations of the Department. Such
responsibility for all claims and liabilities
license shall be valid only at the place/s stated therein and
which may arise in connection with the
when used by the licensed person, partnership or
use of license;
corporation.
(3) Shall assume joint and solidary
liability with the employer for all claims Section 6. Non-Transferability of License. - No license shall
and liabilities which may arise in be transferred, conveyed or assigned to any person,
connection with the implementation of partnership or corporation. It shall not be used directly or
the contract, including but not limited to indirectly by any person, partnership or corporation other
payment of wages, death and disability than the one in whose favor it was issued. Violation shall
compensation and repatriation; cause automatic revocation of license.

(4) Shall guarantee compliance with the

In case of death of the sole proprietor, and in order to
existing labor and social legislations of
prevent disruption of operation and so as not to prejudice
the Philippines and of the country of
the interest of legitimate heirs, the licensed single
employment of recruited workers; and
proprietorship may be allowed to continue only for the
purpose of winding up its business operation.
(5) Shall assume full and complete
responsibility for all acts of its officials,
employees and representatives done in Section 7. Change of Ownership/Relationship of Single
connection with recruitment and Proprietorship or Partnership. - Transfer or change of
placement; ownership of a single proprietorship licensed to engage in
g. List of all officials and personnel involved in the overseas employment shall cause the automatic
recruitment and placement, together with their revocation of the license. The new owner shall be required
appointment, bio-data and two (2) copies of their to apply for a license in accordance with these Rules.
passport-size pictures.
A change in the relationship of the partners in a
h. Copy of contract of lease or proof of building partnership duly licensed to engage in overseas
ownership together with office address. employment which materially interrupts the course of the
business or results in the actual dissolution of the
partnership shall likewise cause the automatic revocation
Section 2. Action on the Application. - Within thirty (30)
of the license.
calendar days from receipt of application or requirements
including proof of payment of a non-refundable filing fee of
P5,000.00, the Administration shall evaluate pertinent Section 8. Upgrading of Single Proprietorship or
documents of the applicant, inspect the offices and Partnerships. - License holders which are single
proprietorships or partnerships may, subject to the approval shall be issued only upon formal notice of the
guidelines of the Administration, convert into corporation intention to transfer with the following attachments:
for purposes of upgrading or raising their capabilities to
respond adequately to developments/changes in the
a. Copy of the company’s notice to the BDT or the
international labor market and to enable them to better
SEC on the transfer of business address;
comply with their responsibilities arising from the
recruitment and deployment of workers overseas.
b. In the case of a corporation, a Board Resolution
duly registered with the SEC authorizing the
The approval of merger, consolidation or upgrading shall transfer of business address;
automatically revoke or cancel the licenses of the single
proprietorships, partnerships or corporations so merged, c. In the case of a single proprietorship, a copy of
consolidated or upgraded. the BDT’s acknowledgment of the notice to
transfer; and
Section 9. Change of Directors of Corporation. - Every
d. Copy of the contract of lease or proof of
change in the composition of the Board of Directors of a
building ownership.
corporation licensed to participate in overseas
The new office shall be subject to the normal ocular
employment shall be registered with the Administration
inspection procedures by duly authorized representatives
within thirty (30) calendar days from the date the change
of the Administration.
was decided or approved. The corporation shall be
required to submit to the Administration the Minutes of
Proceedings duly certified by the SEC, the bio-data and A notice to the public of the new address shall be
clearances of the new members of the Board from the published in a newspaper of general circulation.
government agencies identified in Section 1 (e) of this
Rule.
Section 14. Establishment of Executive Office. - The
establishment of an executive office outside of the
Section 10. Change of Other Officers and Personnel. - registered address shall be effected only with prior
Every change or termination of appointment of officers, approval or authority of the Administration. The approval
representatives and personnel shall be registered with the may be issued upon submission of an affidavit of
Administration within thirty (30) calendar days from the undertaking to the effect that no recruitment activity
date of such change. whatsoever shall be conducted thereat and that the
agency has a valid contract of lease or building ownership.
The Administration reserves the right to deny the
appointment of officers and employees who were directly Section 15. Establishment of Branch and Extension
involved in recruitment irregularities. Offices. - Branch and extension offices may be established
in areas approved by the Secretary, subject to
implementing guidelines.
Section 11. Appointment of Representatives. - Every
appointment of representatives or agents of licensed
agency shall be subject to prior approval or authority of Section 16. Conduct of Recruitment Outside of Registered
the Administration. Office, Branch or Extension Office. - No licensed agency
shall conduct any provincial recruitment, job fairs or
The approval may be issued upon submission of or recruitment activities of any form outside of the address
compliance with the following requirements: stated in the license, acknowledged Branch or Extension
Office or without first securing prior authority from the
Administration of the Center.
a. Proposed appointment or special power of
attorney;
Section 17. Renewal of License. - An agency shall submit
b. Clearances of the proposed representative or an application for the renewal thereof to the
agent from NBI; Administration. Such application shall be supported by the
following documents:
c. A sworn or verified statement by the
designating or appointing person or company
a. Proof of foreign exchange earnings issued by
assuming full responsibility for all acts of the
the Central Bank;
agent or representative done in connection with
the recruitment and placement of workers;
b. Surety bond duly renewed or revalidated;
Section 12. Publication of Change of Directors/Other
Officers and Personnel/ Revocation or Amendment of
c. Escrow agreement in the amount of
Appointment of Representatives. - In addition to the
P200,000.00 with an accredited reputable
requirement of registration with and submission to the
banking corporation to primarily answer for valid
Administration, every change in the membership of the
and legal claims of recruited workers as a result
Board of Directors, resignation/termination of other officers
of recruitment violations or money claims;
and personnel, revocation or amendment of appointment
of representatives shall be published at least once in a
d. Replenishment of the cash bond in case such
newspaper of general circulation, in order to bind third
or any part thereof is garnished;
parties. Proof of such publication shall be submitted to the
Administration
e. Proof of financial capacity such as but not
limited to verified financial statements for the
Section 13. Transfer of Business Address and Studio. - past two (2) years, verified corporate or individual
Any transfer of business address shall be effected only tax returns with confirmation receipts, and
with prior authority or approval of the Administration. The compliance with capitalization requirements and
infusion thereof as the case may be, as certified
 by the Securities and Exchange Commission; ranking of agencies. In recognition of exemplary
performance, it may undertake schemes for incentives and
f. Summary of deployment reports during the rewards.
validity of the license sought to be renewed;

g. Summary of payroll reports in case of

RULE III
contractors and manning agencies during the
REGISTRATION OF PHILIPPINE REGISTERED VESSELS
validity of the license sought to be renewed; and
Section 1. Registration of Philippine Shipping Companies. -
h. Other requirements as may be imposed by the
Philippine shipping companies which own/manage/operate
Administration.
Philippine registered vessels plying international waters
Section 18. Non-expiration of License. - Where the license
shall submit the following documents for special
holder has made timely and sufficient application for
registration.
renewal, the existing license shall not expire until the
a. MARINA Certificate of Accreditation;
application shall have been finally determined by the
Administration.
b. A certified copy of the Articles of Incorporation
duly registered with the Securities and Exchange
Section 19. Action on Renewal of License. - Within thirty
Commission, in the case of corporation or
(30) calendar days from receipt of the application for
partnership or certificate of registration of firm or
renewal the Administration shall undertake evaluation and
business name with the Bureau of Domestic Trade
inspection and thereafter recommend to the Secretary the
in the case of single proprietorship;
grant or denial of the application.

c. Surety bond of P200,000.00 from reputable

Section 20. Failure to Renew. - Any agency which fails to
bonding company duly accredited by the
obtain a renewal of its license within thirty (30) calendar
Insurance Commission which validity should be
days from expiration thereof, shall be immediately
co-terminus with the validity of registration;
deemed delisted and disallowed from conducting
recruitment and placement.
d. Copy of Certificate of Approval of the Bareboat
Charter;
Section 21. Denial of Renewal of Licenses. - Licenses of
agencies which fail to conclude a recruitment or manning
agreement and/or undertake minimum levels of worker e. Philippine Coast Guard Certificate of
deployment and foreign exchange generation or those Registration.
which fail to meet the minimum operational standards and
requirements set by the Administration, shall not be
Section 2. Validity Period of Special Registration. -
renewed.

Special registration issued to Philippine shipping

Section 22. When to Consider Cash Bond/Deposit in
companies shall be valid for two (2) years form the date of
Escrow Garnished. - As soon as an Order of Garnishment
issuance unless sooner cancelled, revoked or suspended
is served upon the Administration/Bank, and the same is
by the Administration for violation of the Code or its
correspondingly earmarked, the cash bond/deposit in
implementing rules and other regulations of the
escrow of an agency shall no longer be considered
Department. Such registration shall be valid only at the
sufficient. The Administration shall forthwith serve upon
place stated therein and when used by the authorized
the agency a notice to replenish.
person, partnership or corporation.

Section 23. Replenishment of Cash or Surety

Section 3. Requisites for Renewal. -
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 The Philippine company shall submit an application for the
been garnished, the agency shall replenish the same. renewal thereof to the Administration. Such application
Failure to replenish such bonds/deposit in escrow within shall be supported by the following documents.
the said period shall cause the suspension of the license.
a. Renewed surety bond in the amount of
Section 24. Refund of Cash Bond/Release of Deposit in P200,000.00;
Escrow. - A licensed agency which voluntarily surrenders
its license shall be entitled to the refund of its deposited
b. Copy of MARINA Certificate of Accreditation.
cash bond and release of the deposit in escrow, only after
posting a surety bond of similar amount valid for four (4)
years from expiration of license. RULE IV
INSPECTION OF AGENCIES
Section 25. Evaluation of Performance of Agencies. - The
Section 1. Inspection Before Licensing. - Before issuance or
Administration shall undertake the annual evaluation and
renewal of a license, the Administration shall conduct an
rating of the performance of licensed agencies to
inspection of the premises and pertinent documents of the
determine the merits of their continued participation in the
applicant.
overseas employment program taking into consideration
compliance with laws and regulations and such other
criteria as it may deem proper. Section 2. Inspection of Agencies. - All agencies shall be
subject to periodic inspection of offices, studios or pre-
departure orientation seminar venues by the
Section 26. Classification and Ranking. - The
Administration to determine compliance with existing rules
Administration may undertake the classification and
and regulations. Inspection shall likewise be conducted by contract and shall be covered by receipts clearly
the Administration in case of transfer of office, studio, showing the amount paid.
PDOS venue, or establishment of a branch or extension
office, executive office, additional office or upon compliant
b. Manning agencies shall not charge any fee
or report of violation of existing rules and regulations.
from seafarer-applicants for its recruitment and
placement services.
Section 3. Authority to Inspect. - Inspection shall be
undertaken by the Administration, thru a duly designated
Section 3. Prohibition on Charging of Other Fees. - No
Inspector.
other fees or charges including processing fees shall be
imposed against any worker, except when authorized by
An authority to inspect shall be issued for presentation to law.
the agency before inspection, stating in detail the purpose
and subject of inspection.
Section 4. Seafarer’s Welfare Fund Contribution. - Every
seafarer processed for deployment abroad shall contribute
Section 4. Subject of Inspection. - Depending on the to the seafarer’s Welfare Fund.
purpose of inspection, the Administrator or his duly
authorized representative may inspect the premises and
Section 5. Charges Deductible from Fees by Withdrawing
require the presentation of necessary documents, records
Workers. - In case of withdrawal of the worker within one
and books of accounts of the agency and examine the
hundred twenty (!20) calendar days from the signing of
same.
the employment contract, the agency shall refund the
amount paid by him after deducting such actual expenses
Section 5. Inspection Procedures. - incurred in the documentation of the worker as may be
supported by receipts.
a. Inspection shall be conducted by a team of at
least two (2) duly authorized persons during
office hours, unless otherwise authorized in RULE VI
accordance with Section 3 of this Rule; ADVERTISEMENT FOR OVERSEAS JOB VACANCIES

Section 1. Advertisements for Publication or Broadcasts of

b. Inspection shall be conducted in the presence
Job Vacancies of Accredited Foreign Principal or Project on
of the manager of the office or any responsible
Print, Radio or Television. - Actual job vacancies for
office personnel who shall be furnished with a
accredited foreign principal/project with job orders duly
copy of the inspection report immediately after
approved by the Administration shall be allowed for
inspection; and
advertisement upon accreditation and/or approval of job
order. The advertisement shall indicate the following basic
c. Inspection reports shall be submitted to the information:
Administration within twenty-four (24) hours after a. Name, address and POEA license number of
the inspection. the agency;

b. Name and/or accreditation number of the

Section 6. Violations Found in the Course of Inspection. -
project and/or principal and work site; and
Violations found in the course of inspection such as non-
compliance with the Administration’s rules, issuances,
directives, etc. may be grounds for the imposition of c. Skill categories and qualification standards.
appropriate sanction or for the denial of application for
issuance and renewal of license. A copy of the results of
Section 2. Advertisement for Manpower Pooling by
inspection shall be endorsed to the appropriate unit for the
Agencies. - Agencies desiring to generate qualified
conduct of necessary proceedings.
applicants for additional manpower requirements of an
accredited principal or project not covered by duly
RULE V
approved job order by the Administration may advertise
PLACEMENT FEES AND DOCUMENTATION COSTS
only upon approval by the Administration.
Section 1. Fees Chargeable Against Principals. - Agencies
shall charge from their principals a service or manning fee Agencies desiring to generate qualified applicants for a
to cover services rendered in the recruitment, prospective principal/project may advertise only for highly
documentation and placement of workers. skilled landbased categories and marine officers and upon
prior approval of the Administration.
Section 2. Fees/Costs Chargeable from Workers. -
The advertisement shall indicate that the announcement is
for manpower pooling only and that no fee shall be
a. Private employment agencies may charge collected from the applicants. The following information
placement fees as may be authorized by the shall be reflected in the advertisements:
Secretary from a hired worker to cover costs of
placement and documentation services such as
a. Name, address and POEA license number of
trade or skill testing, medical examination,
the agency;
passport, visa, clearances, inoculation, airport
terminal fee, notarials, among others.
b. Work site of prospective principal/project;
The above charge shall be collected from a hired
worker only after he has signed the employment c. Skill categories and qualification standards.
Section 3. Press Releases on Recruitment. - For purposes job, for the duration of the worker’s contract plus sixty
of this Rule, press and media releases, whether on print, (60) calendar days after termination of the contract of
radio or television negotiations with foreign principals employment; provided that in no case shall the duration of
involving overseas job openings, shall be considered as the insurance coverage be less than one year.
advertisement, and therefore, shall be subject to
monitoring and regulation.
Section 5. War Risk Premium Pay for Seafarers. - Seafarers
who sail on a vessel into areas declared by the
Subsequent publication of a previously approved Administration as war risk trading areas shall be entitled to
advertisement or a portion thereof, in another form of premium pay the schedule of which shall be determined
media release shall no longer require another POEA's by the Administration.
approval provided that said publication is undertaken
within a period of one month from the date of POEA
Section 6. Benefits and Compensation Awarded to
approval.
Beneficiary. - Proceeds or benefits from the mandatory
life, personal accident or war risk insurance shall be
Section 4. Sanctions. - False and deceptive advertisement awarded only to the designated beneficiaries as defined in
published and aired by agencies including, but not limited these Rules.
to those published not in accordance with the prescribed
guidelines shall be considered as violation and shall,
therefore, be a valid ground for the cancellation of
RULE IX
accreditation of principal/project and/or for the suspension
DEPARTURE OF CONTRACT WORKERS
and/or cancellation of license.
Section 1. Labor Assistance Center (LAC). - A Labor
Section 5. Foreign Advertisers for Overseas Job
Assistance shall be established at international airports
Vacancies. - Foreign principals/employers who wish to
and other exit points in the country which may be used by
advertise job vacancies outside the Philippines using
contract workers in proceeding to their overseas jobsite. It
Philippine print media, broadcast or television may do so
shall assist and facilitate the deployment and reception of
only through a POEA-licensed agency or through the
overseas contract workers, monitor such deployment and
Administration.
provide appropriate advise to workers and foreign
principals and employers on employment, travel and
recruitment procedures.
RULE VII
TRADE TEST AND MEDICAL EXAMINATION FOR OVERSEAS
Section 2. POEA clearance for Special Cases. - The POEA
EMPLOYMENT
shall issue special clearances to non-contract workers
possessing contract worker's passport and/or employment
RULE VIII
visa or work permit for the host country, subject to the
MANDATORY PERSONAL ACCIDENT AND LIFE INSURANCE,
guidelines formulated by the Administration for the
WAR RISK INSURANCE AND WAR RISK PREMIUM PAY
purpose.
Section 1. Mandatory Personal Accident and Life Insurance
Requirement. - All overseas landbased workers shall be Section 3. Coordination with Government Functionaries. -
provided both life and personal accident insurance. The The LAC shall maintain close coordination with the Bureau
amount of life insurance coverage shall be P50,000.00 of Immigration and Deportation, Department of Foreign
maximum face value; provided, however, that if death is Affairs, Philippine Tourism Authority, NAIA Airport
due to accident, murder or assault, an equal amount of Management and other appropriate government bodies in
P50,000.00 insurance coverage shall be due in addition to the discharge of its duties.
the amount of life insurance. This mandatory life and
personal accident insurance shall be provided by the
employer without any cost to the worker. The personal
RULE X
accident insurance shall cover accidental death,
LEGAL ASSISTANCE AND ENFORCEMENT MEASURES
dismemberment and disability; provided, however, that
should the subsisting insurance package provide for a
Section 1. Acts Constituting Illegal Recruitment. - All
superior coverage, the same shall be deemed compliance
recruitment activities as defined under Section 2. Rule I,
with this requirement.
Book VI of these Rules and all prohibited practices under
Article 34 of the Code when undertaken by a non-
Section 2. Identification of War Risk Areas. - In order to licensee, a suspended or cancelled agency constitute
protect landbased workers and seafarers form the hazards illegal recruitment activities.
of war or war-like operations, the Administration shall
identify and declare specific land areas, territorial waters
Recruitment and placement activities of agents or
or portions of the high seas as war risk areas.
representatives appointed by a licensee,
whose appointments were not previously authorized by
Section 3. Mandatory War Risk Insurance for Landbased the Administration shall likewise constitute illegal
Workers. - All landbased workers bound for areas declared recruitment.
by the Administration as war risk areas shall, in addition to
the mandatory personal accident and life insurance, be
Section 2. Anti-Illegal Recruitment Programs. - The
provided with war risk insurance of not less than
Administration shall adopt policies and procedures,
P100,000.00. This war risk insurance shall be provided by
prepare and implement programs toward the eradication
the employer at no cost to the worker.
of illegal recruitment activities such as, but not limited to
the following:
Section 4. Duration of Insurance Coverage. - The
minimum coverage shall take effect upon payment of the
premium and shall be extended worldwide, on and off the
 a. Providing legal assistance to victims of Section 5. Action on the Complaint/Report. - Upon receipt
illegal recruitment and related cases as well as of the complaint/report, it shall
recruitment violations which are administrative or be immediately docketed and numbered and thereafter
criminal in nature; referred for assignment and investigation. Where the
complaint/report alleges that recruitment activities are still
on-going, the necessary surveillance shall be conducted
b. Prosecution of illegal recruiters;
and on the basis of the findings,
the issuance of closure order may be recommended to the
c. Special operations such as surveillance, of Administrator through the Director-LRO if recruitment
companies, establishments and entities found to activities are confirmed. If on the basis of the
be engaged in the recruitment of workers for investigation conducted, sufficient basis for institution of
overseas employment without having been a criminal action against the offender/s is found, the
licensed to do so; and case shall be immediately forwarded to the appropriate
unit for such action.
d. Information and education campaign.
Section 6. Surveillance. - The Administration and/or
designated officials in the DOLE regional
Whenever necessary, the Administration shall coordinate offices, upon receipt of an information, complaint and/or
with other appropriate entities in the implementation of report, or on their own initiative may conduct surveillance
said programs. on the alleged recruitment activities.

Section 3. Legal Assistance. - The Administration shall No surveillance may be conducted unless authorized by
provide free legal service to victims of illegal recruitment the Administrator or the Deputy
and related cases as well as recruitment violations which Administrator, or the Director-LRO or the DOLE Regional
are administrative or criminal in nature in the form of legal Director concerned or their duly authorized
advice, assistance in the preparation of complaints and representatives.
supporting documents, institution of criminal actions and
whenever necessary, provide counselling assistance Within two (2) days from the termination of the
during preliminary investigation and hearings. surveillance, the corresponding report duly supported by
an affidavit of surveillance, shall be submitted to the
Director-LRO or the Regional Director concerned as the
Section 4. Filing of Complaints for Illegal Recruitment. -
case may be.
Victims of illegal recruitment and related cases as well as
recruitment violations which are administrative or criminal
in nature may file with the Administration a report or Section 7. Issuance of Closure Order. - The Secretary or
complaint in writing and under oath. the Administrator or the DOLE
Regional Director of the appropriate regional office outside
the National Capital Region, or their duly authorized
The complaint shall state the following, among others:
representatives, may conduct an ex parte preliminary
examination to determine whether the activities of a non-
a. The name/s and address/es of the licensee constitute a danger to national security and
complainant/s; 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
b. The name/s and address/es of the alleged
representatives, may examine personally the
offender/s. Where the offender is a
complainants and/or their witnesses in the form of
corporation partnership or association, the
searching questions and answers and shall take their
officer/s responsible for the act/s as charged
testimony under oath. The testimony of the
shall as far as practicable be individually and
complainants and/or witnesses shall be reduced in
specifically named;
writing and signed by them.
c. The specific act/s and/or omissions
complained of as constituting the offense; If from the preliminary examination conducted or based
on the findings and recommendations and affidavit or
surveillance of the Administration or designated regional
d. The date, place and approximate time when
officer, the Secretary or the Administrator or the Regional
the alleged act/s and/or omissions was/were
Director concerned is satisfied that such danger or
committed;
exploitation exists, he may issue a written order for the
closure of the establishment being used in connection with
e. Amount exacted, if any, and place of payment; illegal recruitment.
and
In case of a business establishment whose license or
f. Relief sought and such other allegations by permit to operate a business was issued by the local
way of particulars. government, the Secretary, the Administrator or the
Regional Director concerned shall likewise recommend to
the granting authority the immediate
All pertinent documents in support of the complaint must
cancellation/revocation of the license or permit to operate
be attached thereto, whenever possible. In the regions
its business.
outside the National Capital Region, complaints and
reports involving illegal recruitment may be filed with the
Section 8. Implementation of Closure Order. - Closure
appropriate regional office of the Department or with the
Order shall be served upon the offender Or the person
Center or Regional Extension Unit concerned for the
in charge of the establishment Subject thereof. The
corresponding
closure shall be effected By sealing the establishment
legal assistance and enforcement measures.
and posting a notice Of such closure in bold letters at a
conspicuous place In the premises of the establishment. a. That the office closed or padlocked is not the
Whenever Necessary, the assistance and support of the office, subject of the CO;
Appropriate law enforcement agencies may be Requested
for this purpose b. That the contract of lease between the owner
of the building or the building administrator, as
Section 9. Report On Implementation. - A report On the the case may be, covering the office/premises
implementation of the closure order Executed under oath, that were closed/padlocked has already been
stating the details of the Proceedings undertaken shall be cancelled or terminated. The request or motion
submitted to the Director-LRO or the Regional Director to re-open shall be duly supported by an affidavit
concerned, As the case may be, within two (2) days from of undertaking either of the owner A601 of the
the Date of implementation. building or the building administrator that the
same will not be leased/rented to any other
person/entity for recruitment purposes without
Section 10. Institution of Criminal Action. - The Secretary the necessary license from the Administration;
or the Administrator or the Regional Director concerned,
or their duly authorized Representatives or any law c. That the office which was closed/padlocked is
enforcement officer or any aggrieved person, may initiate likewise the office of a person/entity not
the corresponding criminal action with the appropriate otherwise connected with or participating
Office. directly or indirectly in the illegal recruitment
activities which was the basis of the CO sought
to be lifted;
Where a complaint is filed with the Administration And
the same is proper for preliminary Investigation, it shall
d. Any other ground that the Administration
cause the filing of the Corresponding complaint with the
may consider as valid and meritorious.
appropriate Officer authorized to conduct the requisite
Lifting of a closure order shall not prejudice the filing of a
Preliminary investigation. The complaint to be Filed shall
criminal complaint with the appropriate office against the
be supported with a certification from The Administration,
person alleged to have conducted illegal recruitment
a closure order, if any, and report On the implementation
activities at the office/premises closed or padlocked.
thereof and other relevant Documents. Whenever
necessary and practicable, the Prosecution Division may
Section 14. Appeal. - The order of the Administrator
provide the complainant/ victim with counsel to assist in
denying the motion to lift may be appealed to the Office of
the prosecution Of the offender/s. The Administration
the Secretary within ten (10) calendar days from the
shall Monitor all cases it initiated.
service of receipt thereof.

Section 11. Motion to Lift A Closure Order. - A motion to Section 15. Re-Closing/Re-Padlocking of Office Earlier Re-
lift a closure order which has already Been implemented Opened. - Where an office was allowed to be re-opened
may be entertained only when Filed with the Licensing and upon any grounds hereinabove provided and the same
Regulation Office (LRO) within ten (10) calendar days from was subsequently confirmed to as being used for illegal
the date of implementation thereof. The motion shall recruitment activities again, said office shall be
clearly state the grounds upon which it is based, closed/padlocked. For this purpose, a new CO shall be
attaching issued. In such cases, no motion to lift shall be
thereto the documents in support thereof. A motion to lift entertained.
which does not conform with the requirements herein set
forth shall be denied outrightly. BOOK III
PLACEMENT BY THE PRIVATE SECTOR
Section 12. Who May File. - The motion to lift a closure
order may be filed only by the following: RULE I
ACCREDITATION OF PRINCIPALS AND REGISTRATION OF
PROJECTS BY LANDBASED AGENCIES/CONTRACTORS
a. The owner of the building or his duly
authorized representative;
Section 1. Application for accreditation of Principals. -
Only duly licensed agencies may file application for
b. The building administrator or his duly accreditation of their principals or projects overseas
authorized representative;
Section 2. Requirement for Accreditation. - An agency
c. The person or entity against whom the closure applying for the accreditation of its principals or projects
order was issued and implemented or his/its duly shall submit the following:
authorized representative; and
a. For a landbased agency for its principals:
d. Any other person or entity legitimately
operating within the premises of the office which
was closed/padlocked whose operations/activities 1. Standard or master employment contract;
are separate and distinct from the recruitment 2. Special power of attorney/service agreement;
activities of the person/entity subject of the 3. Manpower request from foreign principal
closure order and who would be unduly indicating skills, wages and the number of
prejudiced by the continued closure of the said workers needed; and
office. 4. Other documents which the Administration
may find necessary.
Section 3. Verification or Authentication of Documents. -
Section 13. Grounds for Lifting/Re-Opening. - Lifting of
Whenever required and determined by the Secretary,
the closure order (CO) and/or re-opening of the office
verification or authentication of documents for
closed or padlocked may be granted on any of the
Accreditation of principals or projects shall be Undertaken
following grounds:
by the following:
 a. Verification of documents at the site of Full accreditation shall be valid for a maximum period of
employment may be undertaken by the Labor two (2) years from date of issuance, subject to renewal.
Attache or the Assistant Labor Attache in his Provisional accreditation may be granted for a period of
absence, by the appropriate official at the ninety (90) days for a principal or a project that meets the
Philippine Embassy or the Philippine foreign accreditation requirements substantially.
representative in the absence of a Philippine
Mission.
Section 9. Revocation of Accreditation. - The
b. Authentication of documents at the site of accreditation of a principal or project may be revoked by
employment may be undertaken by the the Administration in any of the following cases:
appropriate official of any of the designated
Ministries/Office of the Host countries.
a. Upon request or notification by the principal
or contracting partner;
Requirements for accreditation shall not be Authenticated
if basic documents are signed by the authorized officials b. Upon request of the agency;
of both the hiring company and its local agent in the
presence of any member of the POEA Directorate or duly
c. False documentation or misinterpretation in
designated officers of the Administration.
connection with the application for accreditation;
or
Section 4. Parties to the Agreement. - Accreditation
may be granted only when the foreign signatory to the
recruitment agreement with the applicant agency is the d. Violation or applicable laws, rules and
direct employer of the workers to be recruited. Foreign regulation on overseas employment.
placement agencies may be accredited as principals if
they are authorized to operate as such in their respective
Section 10. Blacklisting of Persons, Principals and
countries.
Contracting Partners. - Employers, principals and
contracting partners including natural persons found
defaulting on their contractual obligations to workers,
Section 5. Accreditation of Principals. - A landbased agencies and/or violating rules and regulations on
principal or project shall be accredited to only one overseas employment or committing grave misconduct
agency. The Administration may grant accreditation as and offenses involving moral turpitude shall be prohibited
may deemed necessary. In the case of manning sector, a from participating in the overseas employment program.
shipping principal may be accredited to not more than
three (3) agencies For this purpose, the Administration shall advise the
employer, principal or contracting party concerned
Section 6. Transfer of Accreditation. - The accreditation including its Embassy/Consulate in the Philippines and
of a principal may be transferred to another agency other Philippine government entities participating in this
provided that transfer shall not involve any diminution of program.
wages and benefits of workers.
RULE II
DOCUMENTARY PROCESSING
The transferee agency in these instances shall comply
with the requirements for accreditation and shall assume
Section 1. Recruitment Order/Crew Order. - Agencies
full and complete responsibility to all contractual
which have selected workers for their
obligations of the principals to its workers originally
accredited principals shall, as a pre-requisite for contract
recruited and processed by the former agency.
processing with the Administration,
submit for approval a recruitment order (RO) or crew
Prior to the transfer of accreditation, the Administration order (CO), as the case may be, using the prescribed form
shall notify the previous agency and principal of such which shall indicate the names, positions and salaries of
application. selected contract
workers, among others.

Section 2. Documentary Processing. - Documentary

Section 7. Actions on applications for accreditation of
processing shall commence upon presentation of the
projects whose contracting partners or principals have
approved RO or CO together with the following documents:
outstanding obligations. - Applications for the transfer of
a. Individual employment contract (EC)
accreditation of principals or projects shall be acted by the
containing minimum provisions promulgated by
Administration upon submission of all requirements by the
the Administration;
new transferee agency.
b. For seafarers, valid seamen service record
Obligations or money claims arising out of business book (SSRB) and seafarer's registration card
relations between contracting partners of between (SRC); and
agencies and principals may be conciliated by the
Administration. However, the pendency of the c. Insurance certificate in case of the landbased
conciliation should not prevent the Administration from sector.
acting on the request for accreditation if public interest so The agency shall provide each worker a copy of the
requires. approved EC duly signed by the worker and employer or
where appropriate, by the agency.
Section 8. Approval and Validity of Accreditation. - The
Administration shall issue to the agency an accreditation The Administration may impose other processing
certificate for its principal or project after approval of the requirements as may be necessary.
accreditation request.
Section 3. Payment of Processing Fees. - Payment of
processing fees shall be made immediately after approval RULE 1
of the RO or the EC. All payments shall be covered by RECRUITMENT AND PLACEMENT THROUGH THE
official receipts. ADMINISTRATION

Section 1. Hiring through the Administration. - The

Administration shall recruit and place workers primarily on
Section 4. Worker's Deployment. - An agency shall deploy
government-to-government arrangements, and shall
its recruits within the deployment period as indicated
therefore service the hirings of foreign government
below:
instrumentalities. It may also recruit and place workers for
foreign employers in such sectors as policy may dictate, in
a. One hundred twenty (120) calendar days from the pursuance thereof, the Administration shall, among others:
date of signing of the employment contract for all a. Administer programs and projects that may
landbased workers; support the employment development objectives
of the Administration; and
b. Thirty (30) calendar days from the date of processing
b. Undertake, in cooperation with the Regional
by the Administration of the employment contracts of
Offices of the Department, organized recruitment
seafarers.
activities in the provinces in the aid of the
employment dispersal policy of the government.
Failure of the agency to deploy a worker within the
Section 2. Documentary Requirements from Employer. - An
prescribed period without valid reasons shall be a cause
employer hiring through the Administration shall submit
for suspension or cancellation of license or fine. In
the following documents:
addition, the agency shall return all documents at no cost
a. Work permit or visa assurance of workers,
to the worker.
where applicable;
Section 5. One-Stop Processing Center. - An inter-agency
b. Recruitment order which shall state the
processing center shall act as a one-stop servicing body to
number and categories of workers needed,
provide expeditious clearing system for overseas
compensation benefits, qualification, guidelines,
contract workers and facilitate their deployment abroad.
testing procedures, etc.;
Section 6. Balik-Manggagawa Processing Center. - Filipino
c. Model employment contract; and
contract workers except seafarers, who are on vacation or
on emergency leave, and who are returning to the same
d. Other documents which the Administration
worksite, to resume their employment within six (6)
may find necessary.
months from the date of arrival in the Philippines shall be
Section 3. Formalization of a Recruitment Agreement. -
processed as balik-manggagawa (BM). Said BM may be
Employer hiring through the Administration shall be
processed individually or through the agency which
required to formalize a Recruitment Agreement (RA). The
previously deployed them.
RA shall, among others, contain the following provisions:
a. Responsibilities of the parties to the
For individual balik-manggagawa, the following
agreement;
documents shall be required:
b. Selection and documentation procedures;
c. Fee schedules and terms of payment;
a. Valid passport d. Manner and facilities for remittance of workers'
salary;
e. Grievance machinery for workers; and
b. Valid re-entry visa, work permit or any
f. Validity and revocation of the agreement.
equivalent document;
The standards and requirements set by the Administration
for the recruitment and placement of workers shall apply
For agency-endorsed balik-manggagawa, the following to hirings through the Administration.
documents shall be required:
Section 4. Recruitment and Placement of Workers. -
a. Previously POEA processed employment and travel
documents of the contract workers;
a. Interview and Selection. An employer hiring
through the Administration shall select his
b. Valid passport workers from the manpower pool developed and
maintained by the Administration;
c. Valid re-entry visa, work permit or any equivalent
b. Medical Examination. Selected workers shall
document.
undergo and pass a standard pre-employment
medical examination conducted by a duly
Section 7. Agency-endorsed Returning Workers. - All accredited medical retainer of the Administration;
recruitment agencies handling returning workers to their
accredited principals shall assume responsibility over said
workers for the duration of the employment contract in c. Travel Arrangements. The employer shall
force. While the agencies may charge service fees to their assume the full cost of worker's transportation to
employers for this purpose, no redeployment fees shall be and from the place of work;
collected from the returning workers.
d. Orientation. Before departure for the worksite,
hired workers shall undergo the required Pre-
Departure Orientation Seminar (PDOS).
BOOK IV
Section 5. Documentation of Workers. -
PLACEMENT BY THE ADMINISTRATION
 a. Contract Processing. Workers hired through the b. Development and promotion of programs or
Administration shall be issued the following arrangements that would encourage the hiring of
documents: Filipinos in organized or corporate groups as well
as government-to-government arrangements;
(1) Individual Employment contract duly
signed by the employer or his authorized
c. Pursuance of bilateral labor agreements with
representative or that proper official of
existing/prospective host countries of Filipino
the Administration where appropriate;
manpower;
and

(2) Such other documents as may be d. Promotion and advertising in appropriate

necessary for the travel. media and development of support
communication materials;
b. Passport Documentation. The Administration
may secure directly the selected worker's e. Client referral to the private sector; and
passport from the Department of Foreign Affairs.
All transmittals and endorsements for passport
f. Establishment and maintenance of effective
issuance shall be undertaken directly by the
linkages with other government agencies
Administration.
including Philippine Missions abroad or corps of
labor attaches, foreign governments directly or
c. Visa Arrangements. The Administration may
through their Embassies, foreign employers, the
assist employers and selected workers secure
local private recruitment sector, and other
their visas from the appropriate Embassy.
organizations.
RULE II
NAME HIRES RULE II
FORMULATION OF EMPLOYMENT STANDARDS
Section 1. Name Hires. - Individuals workers who are able
to secure contracts for overseas employment on their own Section 1. Employment Standards. - The Administration
without the assistance or participation of any agency shall shall determine, formulate and review employment
be processed by the Administration. standards in accordance with the market development and
welfare objectives of the overseas employment program
Section 2. Ban on Direct Hires. - No employer may hire a and the prevailing market conditions.
Filipino worker for overseas employment except through
the Administration or agencies licensed by the Secretary.
Section 2. Minimum Provisions for Contract. - The
following shall be considered the minimum requirements
Direct hiring by workers of the diplomatic corps,
for contracts of employment:
international organizations, and such other employers as
may be allowed by the Secretary is exempted from this
provision. a. Guaranteed wages, for regular working hours
and overtime pay for services rendered beyond
BOOK V regular work hours in accordance with the
MARKET DEVELOPMENT AND standards established by the Administration;
FORMULATION OF EMPLOYMENT STANDARDS
b. Free transportation from point of hire to site of
RULE I
employment and return;
MARKET DEVELOPMENT

Section 1. Market Development. - The promotion and c. Free emergency medical and dental treatment
development of employment opportunities abroad shall be and facilities;
undertaken by the Administration in cooperation with
other government agencies and the private sector,
d. Just causes for the termination of the contract
through organized market research and promotion
or of the services of the workers;
activities and services.

e. Workmen’s compensation benefits and war

Section 2. Market Research and Planning. - The
hazard protection;
Administration shall undertake market research activities
in aid of market development which shall include among
f. Repatriation of workers remains and properties
others:
in case of death to the point of hire, or if this is
not possible under the circumstances, the proper
a. Conduct of continuing market situation disposition thereof, upon prior arrangement with
assessments and special market studies on the worker’s next-of-kin and the nearest Embassy
competition, wages and working conditions, or Consulate through the Office of the Labor
among others; and Attache;

b. Formulation and implementation of appropriate g. Assistance in the remittance of worker’s

marketing strategies. salaries, allowances or allotments to his
beneficiaries; and
Section 3. Market Promotions. - The Administration shall
undertake, among others, a comprehensive manpower h. Free and adequate lodging facilities or
marketing strategy through: compensatory food allowance at prevailing cost
a. Dispatch of marketing missions abroad; of living standards at the jobsite.
Section 3. Standard Employment Contract. - The g. Failure to file reports as may be required by the
Administration shall undertake development and/or Administration;
periodic review of region, country and skills specific
employment contracts for landbased workers and conduct
h. For the owner, partner, or officer/s of any
regular review of standard employment contracts (SEC) for
licensed agency to become an officer or member
seafarers. These contracts shall provide for minimum
of the Board of any corporation or partnership
employment standards herein enumerated under Section
engaged directly or indirectly in the management
2 of this Rule and shall recognize the prevailing labor and
of a travel agency;
social legislations at the site of employment and
international conventions. The SEC shall set the minimum
i. Unreasonable withholding or denying travel or
terms and conditions of employment. All employers and
other pertinent documents from workers for
principals shall adopt the SEC in connection with the hiring
monetary considerations or reasons other than
of workers without prejudice to their adoption of other
those authorized under the Code and its
terms and conditions of employment over and above the
implementing rules and regulations;
minimum standards of the Administration.

BOOK VI j. Engaging in recruitment activities in places

RECRUITMENT VIOLATION AND RELATED CASES other than that specified in the license without
previous authorization from the Administration;
RULE I
JURISDICTION AND VENUE k. Appointing or designating agents,
representatives or employees without prior
Section 1. Jurisdiction. - The Administration shall exercise approval from the Administration;
original and exclusive jurisdiction to hear and decide all
pre-employment cases which are administrative in
l. Falsifying or altering travel documents;
character, involving or arising out of violation of
recruitment laws, rules and regulations including money
claims arising therefrom or violation of the conditions for m. Deploying workers whose employment and
issuance of license to recruit workers. travel documents were not processed by the
Administration;
Section 2. Grounds for suspension/cancellation of license.
- n. Deploying workers or seafarers to vessels or
principals not accredited by the Administration;
a. Charging, imposing or accepting directly or
indirectly, any amount of money goods or o. Publishing or causing the publication of
services, or any fee or bond for any purpose overseas job vacancies in violation of the
whatsoever before employment is obtained for an prescribed rules;
applicant worker or where the fee charged is
excessive or contrary to what is prescribed by
p. Failure to deploy workers within the prescribed
the Secretary of Labor and Employment;
period without valid reason;

b. Engaging in act/s of misrepresentation, in

q. Disregard of lawful orders, notices and other
relation to recruitment and placement of
processes issued by the Administration;
workers, such as: publication or advertisement
of false or deceptive notices or information or
submission for processing of documents which r. Coercing workers to accept prejudicial
are fraudulent or containing false information; arrangements in exchange for certain benefits
that rightfully belong to the workers;
c. Inducing or attempting to induce an already
employed worker to transfer from or leave his s. Withholding of workers’ salaries or remittances
employment for another unless the transfer is without justifiable reasons ;
designed to liberate a worker from oppressive
terms and conditions or employment;
t. Violation of other pertinent provisions of the
Code and other relevant laws, rules and
d. Influencing or attempting to influence any regulations, guidelines and other issuances on
person or entity not to employ any worker who recruitment and placement of workers for
has not applied for employment through his overseas employment and the protection of their
agency; welfare; and

e. Obstructing or attempting to obstruct u. Committing any other acts similar or analogous

inspection by the Secretary, the Administrator or to the foregoing.
their duly authorized representatives;
Section 3. Grounds for Revocation of License. -
f. Substituting or altering employment contracts a. Violation/s of the conditions of license;
and other documents approved and verified by
the Administration from the time of actual
b. Engaging in act/s of misrepresentation for the
signing thereof by the parties up to and including
purpose of securing a license or renewal thereof,
the period of expiration of the same without
such as giving false testimonies or falsified
Administration’s approval;
documents;
 c. Engaging in the recruitment or placement of In the matter of Violation of Recruitment
workers in jobs harmful to public health or Rules & Regulations/ Regulations
morality or to the dignity of the Republic of the Implementing the
Philippines; Labor Code, as amended, Circulars,
Etc.
d. Incurring an accumulated three (3) counts of
- versus -
suspension by an agency based on final and
executory orders within the validity period of its
POEA Case no. RRB (L) yr/mo/no.
license.
(M)

Section 4. Venue. - Any complaint/report involving _______________________,

violation of recruitment laws, rules and regulations, Respondent/s.
violation of terms and conditions for the grant and use of a
license to recruit workers for overseas employment and (b) recruitment violation and related cases filed
violation of pertinent provisions of the Code, its with the Regional Office –
implementing rules and regulations and administrative Republic of the Philippines
issuances, shall be filed with the Adjudication Office, this Department of Labor and Employment
Administration or in the Regional Office except in the case Regional Office No._____
of NCR, the same shall be filed with POEA where the _____________________
applicant-worker applied or was recruited at the option of Province/District
the complainant.
In the matter of Violation of Recruitment
In cases falling within the jurisdiction of NCR, the same Rules & Regulations/Regulations
shall be filed with the Administration. Implementing the Labor Code, as
amended, Circulars,
Etc.
In the case of reports received by the Administration, the
same shall be investigated by the Adjudication Office, this
- versus -
Administration or at the appropriate Regional Office.
POEA Case no. ADJ- (L) yr/mo/no.
All actions filed with the Administration shall be heard (M)
before the Adjudication Office.
_______________________,
Respondent/s.
However, cases filed with the Administration may be
Section 3. Contents of Complaint/Report. - All complaints/
transferred upon request of either party to the Regional
reports shall be under oath and must contain, among
Office before issued are joined and upon approval by the
others, the following:
Administration.
a. The name/s and address/es of the
complainant/s;
Complaints/Reports filed at the Regional Office shall be b. The name/s and address/es of the
heard by the duly designated POEA Hearing Office or respondent/s;
designated representative. c. The nature of the complaint;
d. The substance, cause/grounds of the
complaint;
e. When and where the action complained of
RULE II
happened;
FILING OF COMPLAINTS
f. The amount of claim, if any;
g. The relief/s sought.
Section 1. Who May File. - Any person may file a
All pertinent papers, or documents in support of the
complaint in writing and under oath for the suspension or
complaint must be attached whenever possible. The
cancellation of the license of any agency with the
complaint shall be under oath, and shall be administered
Administration.
by any officer authorized by law.

The Administration on its own initiative or upon filing of a Section 4. Docket and Assignment of Cases. - Complaints
complaint or report for the investigation by any aggrieved duly received shall be docketed and numbered and shall
person, shall conduct the necessary proceedings for the be raffled off to Hearing Officers of the Administration.
suspension, cancellation or revocation of the license of any
agency. RULE III
ACTION UPON THE COMPLAINT
Section 2. Caption and Title. - The complaint shall be filed
Section 1. Answer/Counter Affidavit. - Upon receipt of the
in accordance with the following captions:
complaint, the Administration shall issue a show cause
order directing the respondent/s to file a verified
(a) for recruitment violation(s) and related cases Answer/Counter-Affidavit within ten (10) calendar days and
filed with the Administration – not a Motion to Dismiss, incorporating therein all pertinent
documents in support of its defense, and attaching thereto
Republic of the Philippines proof of service of a copy thereof upon the complainant/s.
Department of Labor and Employment The answer shall be deemed filed on the date of receipt
Philippine Overseas Employment Administration stamped thereon, if filed personally, or on the date
Adjudication Office stamped on the envelope filed through registered mail.
Metro Manila
Section 2. Failure to File Answer/Counter-Affidavit. -
Failure to file answer a waiver on the part of the
respondent and hearing/investigation shall proceed ex- the results of the investigation and impose such penalties
parte. on the erring agency as may be deemed appropriate.

Section 3. Service of Subpoena Duces Tecum and Section 11. Resolution of the Case. - The Hearing
Subpoena Ad Testificandum. - The Administration shall Officer/Regional Office, shall within thirty (30) calendar
issue subpoena or subpoena duces tecum. days from submission of the case, submit its
recommendation to the Adjudication Office.
The process server who personally served the subpoena
duces tecum and/or subpoena ad testificandum, notice, Section 12. Who May Issue Orders/Resolutions. - Only the
order, resolution or decision shall submit his return within Secretary or his duly designated representative may issue
five (5) calendar days from the date of his service, thereof, cancellation or revocation orders. Orders of suspension of
stating legibly in his return his name, the mode/s of license or the lifting of preventive suspension or
service, the name/s of the other person/s offered and the suspension of documentary processing shall be signed by
date/s of receipt. If no service was effected, the serving the Administrator or in his absence by his duly designated
officer shall state the reason therefor. The return shall Officer-In-Charge.
form part of the records of the case.
All other orders or resolutions shall be signed by the
Section 4. Failure or Refusal to Obey Subpoena Duces Director, Adjudication Office, POEA.
Tecum and Subpoena Ad Testificandum. - The license of
an agency who fails or refuses to obey the subpoena Section 13. Contents of Orders/Resolutions. -
duces tecum/subpoena ad testificandum shall be Orders/Resolutions issued by the Administration shall be
suspended until compliance of the directive of this clear and concise and shall include a brief statement of
Administration. the following:

This is without prejudice to the outcome of the a. facts of the case;

investigation wherein the proper penalty may be imposed. b. issue/s involved;
c. applicable law/s or rule/s;
d. conclusions and reasons therefore; and
Section 5. Proof and Completeness of Service. - The
e. specific remedy/ies or relief/s granted for
return is prima facie proof of the facts stated therein.
imposable sanction/s.
Service by registered mail is complete upon receipt by the
Section 14. Suspension of Documentary Processing. - The
addressee or agent; but if the addressee or agent fails to
Administration may order the suspension of the processing
claim his mail from the post office within five (5) calendar
of documents pertaining to a respondent agency on any of
days from date of last notice of the postmaster, service
the grounds for violation of any provision of these Rules,
shall take effect after such time.
POEA Orders, Rules and Regulations.
Section 6. Motion for Extension. - Only one motion for
extension of time to file Answer/Counter-Affidavit shall be This is without prejudice to the outcome of the
allowed. The Hearing Officer, upon receipt of such motion investigation wherein the proper.
may, upon meritorious grounds, grant a non-extendible
period not exceeding ten (10) calendar days. Rulings of
Section 15. Suspension of License Pending Investigation. -
the Hearing Officer on motions for extension shall be sent
Pending resolution of the recruitment violation/s and upon
by personal service or by registered mail.
notice, the license of the respondent agency may be
suspended for a period not exceeding the imposable
Section 7. Authority to Initiate Clarifying Questions. - At penalties under the Revised Schedule of Penalties, on the
any stage of the proceedings and prior to the submission following grounds:
by the parties of the case for resolution, the Administration
may initiate clarifying questions to further elicit facts or
a. There exist reasonable grounds to believe that
information, including but not limited to the subpoena of
the continued operation of the agency will lead to
relevant documentary evidence.
further violation or exploitation of the workers
being recruited or adversely affect friendly
Section 8. Summary Judgment. - Should the Hearing relations with any country or otherwise prejudice
Officer find upon consideration of the answers, counter- national interest; and
affidavits and evidence submitted, that resolution/decision
may be rendered thereon, the case shall be deemed
b. There is a prima facie evidence of a case for
submitted.
violation of the Code, its implementing rules and
regulations or any issuance of the Administration
Section 9. Nature of Proceedings. - The proceedings shall
where the evidence of culpability is strong.
be non-litigious in nature, subject to the requirements of
due process, the technicalities of law and procedure and
the rules obtaining in the courts of law shall not strictly The Administrator may issue an order lifting or modifying
apply thereto. The Hearing Officer may avail himself of all the order of preventive suspension as the circumstances
reasonable means to ascertain the facts of the case, may warrant.
including ocular inspection, where appropriate, and
examination of informed persons.
Section 16. Suspension/Cancellation of License. - Orders
of suspension/cancellation shall be imposed in accordance
Section 10. Effects of Withdrawal/Desistance. - The with the Schedule of Penalties promulgated by this
withdrawal/ desistance of the complaining witness shall Administration.
not bar the Administration from proceeding with the
investigation on recruitment violation/s. The
Administration shall act on the case as may be merited by
Section 17. Fines. - The Secretary or the Administrator The writ of execution must contain the dispositive portion
may impose fines. of the orders or awards sought to be executed and must
require the Enforcement Officer to serve the writ upon the
losing party or upon any other person required by law to
The Secretary may also impose additional fines for failure
obey the same before proceeding to satisfy the judgment
to comply with a final order.
in the following order, out of the cash bond and/or escrow
deposit or where applicable, the surety bond, the personal
Section 18. Restraining Orders. - The order/s of property, then out of his real property, for refund of money
suspension shall become effective immediately unless a claims.
restraining order (RO) is obtained from the Office of the
Secretary.
A writ of execution shall not be necessary for the
enforcement of Orders for the return of travel and other
Motions for issuance of a restraining order (RO) shall be related documents. A copy of the order served upon the
filed with the Docket and Enforcement Division (DED) of losing party or upon any other required by law to obey
the Adjudication Office or in the Regional Office as the such order is sufficient.
case may be.
The writ of execution shall be valid and effective for a
Section 19. Effects of Orders of Suspension/ Cancellation
period of sixty (60) calendar days from issuance thereof.
or Revocation. - An order of suspension/cancellation or
revocation shall have the effect of suspending or
Section 3. Enforcement of Writs. - In executing an Order,
terminating all activities of the agency which fall under the
the Enforcement Officer shall be guided strictly by the
definition of recruitment and placement. The
Manual of Instructions for Enforcement Officers of the
Administration may seek the assistance of other
POEA which shall form part of these Rules.
government institutions, agencies or offices to ensure that
suspension or cancellation orders are implemented.
Section 4. Garnishment. - In cases where several writs of
execution are issued against the same agency,
enforcement of the same through garnishment of the cash
RULE IV bond and/or escrow or through the surety bond shall be on
REVIEW a “first-come, first-served” basis. The Order of
Garnishment that is first served on the Accounting Division
Section 1. Jurisdiction. - The Secretary shall have and/or the Trustee Bank of the Administration or the
exclusive jurisdiction to review recruitment violation cases Surety Bonding Company shall be satisfied first
and other related cases decided by the Administration irrespective of the date of filing of the case or date of the
motu proprio or upon petition of party/ies in interest. decision or date of issue of writ of execution. The cash
bond, escrow or surety bond shall be pro-rated among the
claimants for writs served simultaneously.
Section 2. When to File. - Petitions for review shall be filed
within ten (10) calendar days from receipt of the Order by
the parties. Section 5. Return of Writ of Execution. - The person
serving the writ of execution shall submit his return
immediately, but not exceeding sixty (60) calendar days
All Motions for Reconsideration shall be treated as a
from date of issuance thereof. The return shall state the
petition for review.
mode/s of service, the name/s of the person/s served and
the date/s of receipt. The return shall also indicate legibly
Section 3. Effects of Filing a Petition for Review. - The
the full name of the serving officer. The return shall form
filing of a petition for review shall not automatically stay
part of the records of the case.
the execution of the order of suspension unless restrained
by the Secretary.

Section 4. Transmittal of the Records of the Case on BOOK VII

Petition for Review. - The Docket and Enforcement Division EMPLOYER-EMPLOYEE RELATION CASES
(DED), Adjudication Office, shall transmit the entire
records of the case, together with the Petition for Review RULE VII
filed by any of the parties to the Office of the Secretary DISCIPLINARY ACTION FOR
within five (5) calendar days from receipt of the same. OVERSEAS CONTRACT WORKERS

Section 1. Disciplinary Action. - Complaints for breach of

discipline against a contract worker shall be filed with the
RULE V
Adjudication Office or Regional Office, as the case may be.
EXECUTION OF ORDERS

Section 1. Issuance of Writ of Execution. - After the Order The Administration may, motu proprio, undertake a
has become final and executory, the Administration shall, disciplinary action against a worker for breach of contract.
upon motion of the party in interest, issue a writ of
execution requiring the Enforcement Officer to execute the
The Administration shall establish a system of watchlisting
same.
and blacklisting of overseas contract workers.

Section 2. Issuance, Form and Contents of a Writ of

Section 2. Grounds for Disciplinary Action. - Commission
Execution. - The writ of execution must issue in the name
by the worker of any of the offenses enumerated below or
of the Republic of the Philippines, requiring the
of similar offenses while working overseas shall be subject
Enforcement Officer to execute the Orders of the
to appropriate disciplinary actions as the Administration
Administrator or the Secretary or his duly authorized
may deem necessary:
representative as the case may be.
 1. Commission of a felony or crime punishable by Section 6. Disqualification of Contract Worker. - Contract
Philippine Laws or by the laws of the host Workers, including seamen, against whom penalties have
country; been imposed or with pending obligations imposed upon
them through an order, decision or resolution shall be
included in the POEA Blacklist. Workers in the Blacklist
2. Drug addiction or possession or trafficking of
shall be disqualified from overseas employment unless
prohibited drugs;
properly cleared by the Administration or until their
suspension is served or lifted.
3. Desertion or abandonment;
Section 7. Delisting of the Contract Worker’s Name from
4. Drunkenness, especially where the laws of the the POEA Watchlist. - The name of an overseas worker
host country prohibit intoxicating drinks; may be excluded, deleted and removed from the POEA
Watchlist only after disposition of the case by the
Administration.
5. Gambling especially where the laws of the host
country prohibit the same;

RULE VIII
6. Initiating or joining a strike or work stoppage
COMMON PROVISIONS
where the laws of the host country prohibit strikes
or similar actions;
Section 1. Records of Proceedings. - The records of all
proceedings before the Hearing Officer shall be
7. Creating trouble at the worksite or in the summarized in writing by the Hearing Officer, including
vessel; 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
8. Embezzlement of company funds or moneys
sign, the refusal and reason/s given must be indicated by
and properties or a fellow worker entrusted for
the Hearing Officer in the minutes, which must be
delivery to kin or relatives in the Philippines;
chronologically arranged and appropriately paged.

9. Theft or robbery;
Section 2. Appearances. - An attorney appearing for a
party is presumed to be properly authorized for that
10. Prostitution; purpose.

11. Vandalism or destroying company property; 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.
12. Gunrunning or possession of deadly weapons;

Any change in the address of counsel/representative

13. Violation/s of the sacred practices of the host
should be filed with the records of the case and furnished
country; and
the adverse party or counsel.

14. Unjustified breach of government approved

Any change or withdrawal of counsel/representative shall
employment contract.
be made in accordance with the Rules of Court.

Section 3. Handling of Cases. - The procedure/s provided

Section 3. Action on Motions. - The Hearing Officer shall
in this Book shall also apply in disciplinary cases involving
have the authority to rule on motions which may be done
contract workers, including seamen.
in writing or orally during the proceedings/conferences.

Section 4. Who May be Included in the Watchlist. - A Section 4. Certification of Fees. - The Chief of the Docket
contract worker, or a seaman, who has a pending and Enforcement Division (DED) or his duly authorized
complaint for disciplinary action and those against whom a representative, Legal Research, Docket and Enforcement
warrant of arrest or hold departure order issued by the (LRDE) Branch, Adjudication Office, shall be the Certifying
appropriate agency, shall be included in the watchlist. Officer of the Adjudication Office, after payment of fees.

Section 5. Penalties for Breach of Discipline. - Breach of All certified copies shall bear the seal of the
discipline may be penalized by: Administration.

a. Stern warning; Section 5. Custody of Seal and Books. - The Docket and
b. repatriation to the Philippines at the worker’s Enforcement Division (DED), Adjudication Office, this
expense; Administration, shall keep in its Office and custody the
c. suspension; and Seal of the Administration, including the records, files and
d. disqualification from the overseas employment exhibits.
program.
In case of seamen, delisting from the registry. Section 6. Disqualification of Erring Bonding Companies. -
Bonding companies refusing to acknowledge the
jurisdiction of the Administration over the surety bonds
The penalty/ies imposed by the Administration shall be
posted with the latter, as well as those found not to be
without prejudice to whatever civil or criminal liability that
complying with orders issued against the surety bond,
may be imposed by appropriate courts for said breach of
discipline.
shall be recommended to the Licensing and Regulation Administration of such sanction as it may deem
Office for blacklisting. necessary.

Section 7. Applicability of the Rules of Court. - The Section 8. Welfare Programs and Activities. - The
Revised Rules of Court of the Philippines shall, whenever Administration, in coordination with other institutions, shall
practicable, supplement these Rules in similar or initiate and undertake such projects and activities that will
analogous character in proceedings brought before the enhance the welfare and interests of the workers at the
Administration. jobsites and their families including such projects and
activities that will facilitate the integration of returning
workers into the mainstream of life in the Philippines.
BOOK VIII
WELFARE AND EMPLOYMENT SERVICES

RULE I
ASSISTANCE TO WORKERS

Section 1. Responsibility to Assist Workers. - Agencies

shall ensure that workers they deploy overseas are amply RULE II
protected and their interest, well being and welfare are CONCILIATION OF COMPLAINTS
promoted. Agencies shall be responsible for the faithful
compliance by their foreign principals of all obligations Section 1. Conciliation of Complaints. - The
under the employment contract and shall therefore, be Administration shall conciliate complaints of workers
liable for any and all violations of the contract. and/or their families arising out of the enforcement of the
contract; matters not related to contractual obligations;
and claims for death and/or disability and other benefits.
Section 2. Request for Assistance. - The Administration
shall take cognizance of any request of assistance out of
Section 2. Complainant. - The Administration shall take
overseas employment from the contract worker and/or his
cognizance of complaints filed by any contract worker,
family.
whether or not he is in the Philippines, by his heirs and
beneficiaries, and by any licensed agency or its
Section 3. Assistance in the Enforcement of Contractual principal/employer.
Obligations. - The Administration shall provide the worker
and his family all assistance they may need in the
Section 3. Conciliation Proceeding. - Upon receipt of the
enforcement of contractual obligations. The Administration
complaint, the Administration shall notify the respondent.
may call on agencies to conference or conciliation
Whenever possible, the Administration shall notify the
meetings or may require submission of reports for the
respondent. Whenever possible, the Administration shall
purpose of settling complaints or problems brought to its
bring together the complainant and the respondent with
attention. Agencies shall give these cases priority
the end in view of arriving at an amicable settlement.
attention.
In its conduct of conciliation, the Administration may direct
Section 4. Assistance on Matters not Related to the parties to appear and answer questions.
Contractual Obligations. - The Administration shall, in
coordination with other government institutions and/or In instances where there is amicable settlement and/or
relevant non-governmental organizations, assist workers voluntary payment, the Administration shall witness such
or members of their families on matters other than settlement/payment to the worker or his
contractual obligations that may arise as a result of heirs/beneficiaries.
overseas employment. In the performance of this function,
the Administration may call on agencies concerned which Should both parties fail to agree to an amicable
shall therefore, provide all assistance required. settlement, the complaint may be referred to the
Adjudication Office upon approval by the complainant.
Section 5. Repatriation of Workers. - The repatriation of
Section 4. Administrative Sanction. - Deliberate failure by
the worker and the transport of his personal belongings
agencies to act on complaints will warrant imposition by
shall be the primary responsibility of the agency which
the Administration of such sanction as it may deem
recruited or deployed the worker overseas. All be borne by
necessary.
the agency concerned and/or its principal.
Likewise, the repatriation and the transport of the personal
Likewise, if after proper evaluation of complaints and
belongings of the deceased worker and all costs attendant
supporting documents there is a finding that the employer
to repatriation hereto shall be the responsibility of the
or principal is remiss in the performance of its contractual
principal and/or agency.
obligations to the prejudice of its workers, the
Administration shall recommend watchlisting of said
Section 6. Claims for Death and Disability. - Claims for employer or principal.
death, disability and other benefits as well as money
claims by the worker or his beneficiary/her arising from
overseas employment shall be given preferential attention
RULE III
and solution by the agency and/or its principal.
WORKER'S ORIENTATION

Section 7. Administrative Sanctions. - Deliberate failure by Section I. Pre-Employment Orientation . - The

agencies and/or principals to act on requests for Administration, in coordination with other institutions, shall
assistance but not limited to those provided in Sections 1 provide applicants for overseas employment with an
to 6 of this Rule, may warrant imposition by the orientation that will prepare them for overseas
employment. Such will focus on but will not be limited to
an interview of the overseas employment program; Section 11. Other Related Programs and Activities. - The
procedures and documentary requirements for application; Administration shall develop and implement other
licensed agencies; modus operandi of illegal recruitment programs and activities in support of PDOS. Among others
activities and government services available to overseas the Administration may undertake a trainor's training for
job applicants and hired workers. agencies and advance programs designed to equip
workers with the necessary skills to cope with or adapt to
changes in environment.
Section 2. Pre-Departure Orientation Seminar. - Every
worker departing for overseas employment as a new hire
shall undergo a pre-departure orientation seminar. Section 12. Sanctions . - Violation of any of the provisions
of this Rule shall be subject to sanctions.
Section 3. Responsibility of Providing a Pre-Departure
Orientation Seminar. -
It shall be the responsibility of every licensed agency to RULE IV
provide each worker it sends overseas a thorough pre- MANPOWER REGISTRY
departure orientation seminar (PDOS) in accordance with
the provisions of this Rule. Section 1. The Manpower Registry Skills Bank. - The
Administration shall establish and maintain a national
manpower registry or skills bank in support of the
The conduct of PDOS shall be limited to accredited entities
overseas employment program. For this purpose, it shall
classified into the following categories:
adopt a system of registration of workers according to
skills, occupation or such classification, as it may deem
(a) Licensed agency with such an average annual expedient and effective. As far as practicable, agencies
deployment as may be determined by the shall recruit from the national manpower pool.
Administration and with a previously accredited
PDOS for its recruits;
Section 2. Membership in the Manpower Registry. -
(b) Association of licensed agencies;
Membership in the national manpower registry shall be
(c) Non-government organizations (NGOs) with
open to all workers. The Administration shall conduct
special interest and concerned for overseas
and/or supervise the process of skill
contract workers; and
determination/qualification of applicant workers in
(d) Other persons/entities as may be allowed by
accordance with established criteria and issue the
the Administration.
corresponding certifications. Those who are duly certified
Section 4. Cost of PDOS . - Attendance by a worker in the
by the Administration shall automatically become
PDOS shall from part of the package of placement services
members of the pool.
already paid for by either the worker through his
placement fee of by the employer or principal.
Section 3. Agency Manpower Pool. - An agency may
establish its own manpower pool in support of its
Section 5. Review and Approval of PDOS Programs and
marketing program provided no fee shall be charged to the
Tie-Ups; Accreditation of PDOS Trainors. - All pre-
worker for membership in the manpower pool.
departure orientation seminar programs, PDOS program
tie-ups and trainors shall be reviewed screened and
approved by the Administration. Only programs and tie- Section 4. Disqualification from the manpower Registry. -
ups which meet the requirements and trainors who pass
the qualification standards of the Administration shall be
(a) Submission of fake documents;
given accreditation.
(b) Breach of the Code of Discipline for Filipino
Overseas Workers;
Section 6. Requirements for the Accreditation of a Non- (c) Tampering with documents issued by the
Governmental Organization (NGO) . - Administration such as registration card, history
cards and other forms used in registration; and
(d) Other grounds that may be determined by the
Section 7. Supervision and Monitoring of PDOS Activities. -
Administration
The Administration shall supervise and monitor the PDOS
RULE V
activities of accredited agencies. The PDOS venue of every
MANPOWER RESEARCH AND DEVELOPMENT
agency shall be subject to periodic inspection and/or spot
inspections as often as the Administration deems it proper.
Section 1. Research Studies. - The Administration in
coordination with other entities shall conduct periodic
Section 8. Submission of PDOS Reports. - Agencies shall researches and studies in labor supply especially as it
submit to the Administration an advance monthly schedule relates to the range and scope of demandable and critical
of their pre-departure orientation seminars. The report skills for overseas employment including but not limited to
shall include seminars held the previous month indicating international standards and technological development
the names of the workers/participants, the date of PDOS programs for landbased workers and seafarers; and for
and the countries of destination. developing guidelines to regulate the outflow of critical
skills especially in essential public services and industries
Section 9. Certificates of Attendance. - Workers who indispensable to the national interest.
complete the PDOS shall be issued Certificates of
Attendance. The Certificates of Attendance shall be
Section 2. Manpower Development Program for Overseas
submitted to the Administration.
Workers. - In order to rationalize the supply of qualified
manpower for overseas employment, the Administration
Section 10. PDOS for POEA-Placed Workers. - The shall identify/develop training programs and enlist the
Administration shall provide PDOS to workers placed participation of both government and private sectors to
overseas through its own facility. undertake such programs for skills that are in demand
overseas.
Section 3. Developing of Training Standards. - On the basis statements/certifications regarding his
of such research studies, the Administrator shall skill, experience and other qualifications;
coordinate with both private entities and government
agencies and employers concerned in the formulation of
(2) to understand and abide with the
Accreditation and training standards.
terms and conditions of the employment
contract;
Section 4. Implementation, Supervision and Regulation of
Training Programs for Overseas Employment. - The
(3) to maintain a high level of
administration shall implement, regulate and supervise the
productivity as well as abide by
conduct of training programs for overseas contract
company rules and regulations; and
workers.

(4) to refrain from committing acts which

are detrimental to the interest of his
RULE VI
employer, agency during his
CODE OF DISCIPLINE FOR OVERSEAS CONTRACT WORKERS
documentary processing and/or
employment.
Section 1. Obligations of Overseas Workers. - It shall be
the obligation of every Filipino overseas workers to abide
by the terms and conditions of his employment contract, e. Duty to host country:
to behave in the best manner and tradition of a Filipino
and to observe or respect the laws, customs, mores,
(1) to respect the mores, customs and
traditions and practices of the country where he is
traditions of the country; and
working. It shall also be his obligation to abide with the
requirements on remittance of earnings as well as to
provide material help to his family during the period of his (2) to respect and obey the laws of the
overseas employment:  host country.
a. Duty to family:

(1) to provide ample financial and moral

RULE VII
support to his family in the Philippines;
PERFORMANCE BOND FOR WORKERS
and
Section 1. Performance Bond. - In order ensure faithful
(2) to communicate with his family as compliance by workers of their work contracts and to
often as he can and make his presence safeguard against their getting stranded as a result of the
felt just as if when he is around. termination of their employment for cause or the
abrogation of their employment contract for reason of non-
performance, agencies may require each worker recruited
b. Duty to fellow contract worker:
and hired by them to post a performance bond equivalent
to a return plane fare but in no case exceed P20,000.00.
(1) to assist and cooperate with other Arrangement for the bond agreement or its renewal shall
contract worker working in the same be undertaken by the agency.
site; and
Agencies may, in lieu of the performance bond, adopt a
(2) to restrain from degrading a reimbursable return travel fund scheme subject to
colleague in order to get a position or guidelines by the Administration.
rank or from putting a fellow worker in
bad light before his colleagues or
The posting of performance bond is optional for seamen.
superiors.
Section 2. Payment of Premium Fee. - Only the exact
c. Duty to country: amount for premium fee including the necessary notarial
fee shall be charged each worker for the performance
bond. Imposition of the performance bond in cash is
(1) to uphold the ideas of the Republic of
strictly prohibited. The cost of premium for the bond shall
the Philippines and to defend it, if
be in addition to the placement fee paid by the worker.
warranted;
Section 3. Repatriation Program. - In the event the
(2) to abide by the rules and regulations worker is terminated for cause or whose employment
aimed at promoting the worker’s interest contract is abrogated for non-performance necessitating
and enhancing national gains; and his immediate repatriation, the agency involved shall
immediately cause the repatriation of said worker. For this
purpose, the agency shall advance the cost of plane fare
(3) to be the Ambassador of Goodwill,
and later collect from the bonding company the amount
projecting only the good in the Filipino
involved.
and restrain from tarnishing the Filipino
image abroad.
Section 4. Repatriation of Workers without Performance
Bond. - The responsibility of the agency to immediately
d. Duty to agency and/or employer: repatriate a worker who is terminated for cause or whose
employment contract was abrogated for reason of non-
performance bond. In cases like these, the agency
(1) to provide the agency and/or
concerned shall immediately repatriate the workers and
employer with correct and true
shoulder the cost of repatriation.
 the Central Bank of the Philippines showing that the
Section 5. Action of Failure to Effect Immediate contract workers had in fact effected aforesaid remittance
Repatriation. - Should the agency unduly delay without and had caused the surrender of the same for pesos
justifiable reason the repatriation of the worker who is through the Philippine banking system.
terminated for cause or whose employment contract is a. Confirmed bank remittance form; or
abrogated for reason of non-performance in spite of
adequate notice to it by the Administration, the latter may
b. Certification from employer duly authenticated
cause the worker’s repatriation and charge the cost of the
that remittance has been effected; or
plane fare to the agency’s cash bond.

c. Bank certification or credit/payment advice

evidencing sale for pesos to the Philippine
RULE VIII
banking system; or
FOREIGN EXCHANGE REMITTANCE

Section 1. Obligation to Remit. - It shall be mandatory for d. Central Bank official receipt covering foreign
a contract worker to remit to his beneficiary in the exchange sold in the Philippines to authorized
Philippines such percentage of his basic salary abroad as agent banks or authorized foreign exchange
required in Section 3 below and have the same exchanged dealers; or
for pesos through the Philippine banking system. Agencies
shall cause the inward remittance of foreign exchange
e. Receipt of International Postal Money Order.
payments resulting from their overseas transactions such
as service fees, airfares and others.
BOOK IX
Section 2. Obligation to Report. - Agencies shall submit GENERAL AND MISCELLANEOUS PROVISIONS
periodic reports to the Central Bank of the Philippines on
their foreign exchange earnings, copies of which shall be Section 1. Authority to Administer Oaths. - The
furnished the Administration. Administrator, or any person designated by him to handle
cases or disputes, shall have the authority to administer
Section 3. Mandatory Remittance Requirement. - The oaths and require the attendance of witnesses or the
percentage of foreign remittance referred to in Section 2 of production of any book, paper, correspondence,
this Rule, shall be as follows: memoranda and other documents relevant or material to
a. Seamen or Mariners: the case or inquiry.

Eighty percent (80%) of the basic salary. The Administrator may also designate any office of
employee to administer oath on matters pertaining to the
b. Workers of Filipino contractors and construction filing and receiving complaint as well as enforcement of
companies: decisions, orders or resolutions of the Administration.

Section 2. Consolidation of Cases. - Where there are two

Seventy (70%) percent of the basic (2) or more cases pending before different Hearing
salary. Officers, involving the same respondent/s and issues, the
case which was filed last may be consolidated with the
c. Doctors, engineers, teachers, nurses and other first to avoid unnecessary cost or delay. Such cases shall
professional workers whose employment be handled by the Hearing Officers to whom the first case
contracts provide for free board and lodging was assigned.
facilities:
Section 3. Prescription. - All money claims arising from
the acts of enumerated in Section 1, Rule I of Book VI,
Seventy (70%) percent of the basic shall be barred if not commenced or filed with the
salary: Administration within three (3) years after such cause of
action accrued.
d. All other professionals whose employment
contracts do not provide free board and lodging Likewise, disciplinary action shall be barred if not
facilities: commenced or filed with the Administration within three
(3) years after such action occurred.
Fifty (50%) percent of the basic salary.
Section 4. Construction. - These rules shall be liberally
construed to carry out the objectives of the Constitution,
e. Domestic and other service workers: the Labor Code of the Philippines, laws pertaining to
overseas employment and to assist the parties in
Fifty (50%) percent of the basic salary. obtaining just, expeditious and inexpensive settlement of
disputes.

f. All other workers not falling under the Section 5. Separability Clause. - The provisions of these
aforementioned categories: Rules and Regulations are declared to be separable and if
any provision or the application thereof is held invalid or
Fifty (50%) percent of the basic salary. unconstitutional, the validity of the other provisions shall
not be affected.
Section 4. Proof of Compliance. - Proof of compliance with Section 6. Repealing Clause. - All policies, issuances, rules
the mandatory remittances requirement as mentioned on and regulations inconsistent with these Rules are hereby
Section 2 hereof, may consist of any of the following repealed or modified accordingly.
documents or such alternatives as may be approved by
Section 7. Effectivity. - These rules shall take effect fifteen
(15) days from publication in a newspaper of general
circulation.

Done in the City of Manila, this 31st day of May, 1991.

(Sgd.) RUBEN D. TORRES

Secretary
Department of Labor and Employment