EXCERPTS FROM MINUTES OF THE 90th REGULAR SESSION (23RD for the Year 2009) OF THE SANGGUNIANG BAYAN

(for the period 2007-2010) OF THE MUNICIPALITY OF BALETE, AKLAN HELD ON THURSDAY, JUNE 25, 2009 AT THE SB SESSION HALL. Present: HON. RIZAL G. RODRIGUEZ, JR. HON. EVELYN V. VILLANUEVA HON. INOCENTES F. BANTIGUE, JR. HON. ANGELES I. CUALES HON. CIPRIANO L. LACHICA HON. CIRIACO T. FELICIANO HON. ELVIS S. REQUIRO HON. PETER C. RECIDORO HON. CRISPINO P. BELTRAN, JR. Vice Mayor /Presiding Officer SB Member SB Member SB Member SB Member SB Member SB Member SB Member SB Member/Liga ng mga Brgy. President

Absent: HON. PAULINO P. BALLEZA, JR. HON. MILCAH E. SAUZA SB Member SB Member/SK Mun. Fed. President

ORDINANCE NO. 014-09

AN ORDINANCE TO INSTITUTIONALIZE THE BALETE LABOR MARKET INFORMATION SYSTEM AND APPROPRIATING FUNDS THEREFORE

WHEREAS, the Municipality of Balete has borne the stigma of being one of the towns in Aklan to have such a higher unemployment rate; Its 44% unemployment rate per MBN survey some 12 years ago far exceeds the 8 point something percent rate of the entire country or even that of Region VI which is pegged at 6.6 % plus; WHEREAS, the Local Government Performance Management System over the years has consistently pointed out the need for aggressive government interventions as to the dismal unemployment rate, the high poverty incidence and sluggish economic development in the municipality; WHEREAS, the introduction and institutionalization of a labor market information system albeit the enactment of a relevant Investment Incentive Code is called for not only due to the prevalent global financial crisis but more so due to the absence of relevant inputs for the design of responsive policy and program development to enhance the lifetime employability and competitiveness of the Baleten-on workers;

WHEREAS, this Sanggunian further acknowledges the need for a Labor Market Information which focuses on the Baleten-on setting for the operations of labor demand and supply; wages, hours of works; employer hiring practices, worker job preferences; and many other factors which shape employer employee relationship, policies and programs of government, investment decision by employers, and job selection by workers among others; WHEREAS, in order to realize this grand vision, this Body also points another need for a computerized Labor Force Registry of Skills as a component of the Labor Market Information System to serve as a repository of computerized information on manpower and their corresponding skills. WHEREFORE, BE IT ENACTED by the Sangguniang Bayan that:

ARTICLE 1 TITLE, DECLARATION OF PRINCIPLES AND POLICIES, AND DEFINITIONS OF TERMS

Section 1. Title. This ordinance shall be known as the Balete Labor Market Information System Ordinance of 2009 (BLMIS).

Section 2. Declaration of Principles and Policies. It shall be the policy of the Local Government of the Municipality of Balete to uphold the rights of laborers, believe in their worth, and protect their dignity as human beings; workers shall be recognized as partners of the investors and entrepreneurs in the development of our community, sharing in their responsibilities and enjoying justly in the fruits thereof. As provided for in Section 16 of the Local Government Code of 1991, the Municipality of Balete shall endeavor among others to enhance economic prosperity and social justice, and promote full employment among its residents. Toward this end and in conformity with Article 6 of the International Labor Organization (ILO) Convention 88, the LGU is committed to respectively assist workers and employers in finding suitable employment and workers as well as to assist other public or private bodies in social and economic planning calculated to ensure a favorable employment situation throughout the whole Baleten-on community.

Section 3. Definition of Terms. The following words or phrases used in this ordinance shall mean: Convergence is the act or state of coming together by the various government and non-government agencies, peoples organizations and private sector organizations with a common objective of collaborating to address the growing unemployment and poverty incidence in the community initially through sharing and comparing of database with respect to labor market information and other relevant materiel.
Balete Labor Market Information Ordinance, Balete, Aklan

LMI Labor Market Information, i.e. any information pertaining to the labor market, its size and composition, the way it or any part of it functions, its problems, the opportunities which may be available to it, and the employment related intentions or aspirations of those who are part of it. LFRS Labor Force Registry of Skills, a computer-based databank developed to serve as a prime component of the Balete Labor Market Information System. Macro Data refers to statistics about Labor Market such as employment and unemployment rate. Micro Data these are data on PESO operations concerning jobseekers and the vacancies in a particular area. PESO the Public Employment Service Office is a non-fee charging multi-employment service facility established pursuant to RA 8759 otherwise known as the PESO Act of 1999. Productive Age the phase of a person when she/he is between the bracket 15-65 years of age. Skills Mapping an activity which aims to determine the current or prevailing labor force status in a barangay in general and households in particular. This calls for the periodic conduct of survey or random interview in every barangay after the initial municipal wide skills mapping at the onset of the establishment of the BLMIS. SPES Special Program for Employment of Students, a program jointly funded by the DOLE and the LGU to help poor but deserving students and out-of-school youth in pursuing their education by encouraging their employment during summer vacation.

ARTICLE II THE MUNICIPAL LABOR MARKET INFORMATION BOARD

Section 4. The Municipal Labor Market Information Board- The Balete Labor Market Information Board (BLMIB) is hereby created to implement the provisions of this Ordinance.

Section 5. Composition of the Board The BLMIB shall be composed of the following. Chairperson: The Municipal Mayor Vice Chairperson: The Vice Mayor Secretariat: Personnel, Public Service Employment Office Members: a. SB, Chairperson on Agriculture and Aquatic Resources Committee b. SB, Chairperson on Finance and Appropriation Committee c. SB, Chairperson on Ordinances, Rules and Privileges Committee d. SB, Chairperson on Public Works and Public Utility Committee e. Chairperson of the Municipal Tourism and Development Council
Balete Labor Market Information Ordinance, Balete, Aklan

f. g. h. i. j.

President, Liga ng mga Barangay Municipal Planning and Development Coordinator Municipal Treasurer Municipal Agriculturist Representative Private Sector, Representative preferably from the business oriented group. Provided that, the selection of representative shall be in the manner provided for by applicable Laws. k. Representative Civil Society Organization (POs/NGOs), preferably from the labor sector Provided further, that membership of the Board may be increased by the Sangguniang Bayan through the recommendation of the Board as it maybe deemed necessary for the effective implementation of this ordinance.

Section 6. Powers and Function of the Board. The primary function of the Board shall be to establish a favorable and stable policy on the labor market and business climate, which will encourage and support local labor force as well as the private sector investments and operation of business activities consistent with the development needs of Balete. Pursuant to this, the Board shall be vested with the following powers: a. To formulate the governing Implementing Rules and Regulations in the implementation of the provision of this ordinance, subject to the approval of the Sangguniang Bayan; b. To initiate the conduct of periodic skills mapping, data collection and processing to provide relevant information on the municipalitys prevailing labor force status vis-a-vis the current labor demand not only in the local but as well as the global market; c. To cause the convergence of stakeholders to come up with all labor marketrelated information produce by various agencies which will be integrated into one labor market information system; d. To formulate, adopt and initiate labor related programs and projects; e. To supervise and maintain the Balete Labor Market Information System; f. To recommend the approval or denial of any application for the grant of business permits/clearance to operate as well as to recommend the suspension or revocation of any registration for a just cause; g. To monitor and evaluate whenever it deems appropriate all registered establishments in the locality to effectively implement labor related mandates;

Balete Labor Market Information Ordinance, Balete, Aklan

h. To oversee PESO current activities and establish policies in line with that of the DOLE and its attached agencies, bureaus and other offices, that are geared towards advancing the goals and objectives of the system and provide solutions to problems arising therein; i. To source out additional funding to supplement the budgetary support provided by the LGU for the operation and maintenance of the BLMI program and system;

Section 7. Board Meetings and Quorum. Within sixty (60) days upon approval of this ordinance, the Municipal Mayor as Chairperson, shall convene the Board. The Board shall meet at least once in every quarter or as often as maybe necessary. Its quorum shall be based on common practice in the determination of a quorum.

Section 8. Power and Functions of the Chairperson. The chairperson of the Board shall. a. Preside over the regular and special meeting of the Board. b. Present annual or special reports to the members of the Board and to the Sangguniang Bayan. c. Perform such other duties as the Board may prescribe.

ARTICLE III THE BLMI BOARD SECRETARIAT and THE PUBLIC EMPLOYMENT SERVICE OFFICE

Section 8. The Municipal Labor Market Information Board Secretariat. The Balete Labor Market Information Board secretariat is hereby constituted primarily to provide technical assistance and to serve as the arm of the Board in implementing the provisions of this Ordinance.

Section 9. Composition of the Secretariat. The BLMI Board Secretariat shall be composed of the following: a. b. c. d. e. The Public Employment Service Office Manager The Labor Market Information Officer The Placement Officer; and The Employment Guidance Counsellor Documenter

The chairperson of the BLMI Board as Local Executive Officer shall designate the personnel who will serve in such capacities taking into consideration the following attributes/qualification, viz.:
Balete Labor Market Information Ordinance, Balete, Aklan

a. Must possess the characteristics common to all the categories of public servant; b. Must have interest and common knowledge about employment, economy and society; c. Must show interest in people and must show compassion; d. Must have good communication skills; e. Must be computer literate; f. For LMI Officer, she/he must have the following: f.1. basic statistics and economic background; f.2. knowledge in analyzing and writing simple observation and analysis; f.3. interest in market trends and development; f.4. knowledge on market employment services. g. For Placement Officer, she/he must have the following: g.1. attitude in relating well with jobseekers; g.2. resourcefulness and willingness to spend more time for jobseekers who need more help; g.3. understanding on the requirement of job vacancies and qualification of jobseekers, and how to match them. h. For EG Counsellor, in addition to the qualification for placement officer mentioned in subsection g above, she/he must have the following: h.1. interest in people and their behaviour as well as in their potentials h.2. aptitude in establishing linkages with educational institution, school placement bureaus, career developers.

Section 10. The Secretariat as Public Service Employment Office. As PESO the secretariat shall ensure the prompt, timely and efficient delivery of employment service and provision of information on the various relevant programs of the LGU and that of the Department of Labor and Employment. Moreover, it shall: a. Provide a venue where people could explore simultaneously various employment options and actually seek assistance they prefer; b. Serve as referral and information center for the various services and programs of the LGU and the DOLE and whenever applicable of other government agencies present in the area; c. Construct and/or develop the database concerning labor market resulting from the convergence of various stakeholders;
Balete Labor Market Information Ordinance, Balete, Aklan

d. Provide clients with adequate information on employment and labor market situation in the area; and e. Network with other PESOs and entities on employment for job exchange purposes.

ARTICLE IV REGISTRATION, COLLECTION, PROCESSING and DATABANK DEVELOPMENT

Section 11. Data Collection. All departments/agencies under the LGU are hereby mandated to provide the BLMI Board Secretariat updated data indispensable for PESO staff in the development of LMI databank. These data must pertain but not limited to the following categories, viz.: a. b. c. d. e. f. g. h. i. j. Economic structure; Labor and Employment; Education and Manpower Development; Baleten-on Overseas; Administrative Statistics; Demography; Income, Salaries and Wages; Overseas Employment; Investments; and Employment Opportunities.

Data from National Government Agencies, Civil Society and Private Sector Organizations operating in the municipality may also be solicited through the establishment of collaborative relationship.

Section 12. Registration. All departments are required to collect from among their clienteles data relevant to the development of the Labor Force Registry of Skills. Clienteles who are bona fide residents of Balete and of productive age shall be encouraged to register by anyone in the local government providing/rendering any services thereof. Mandatory registration however shall cover the following, viz.: a. Establishment Registration Employers shall register their establishment in the manner prescribed hereunder: At the BLMI Secretariat/PESO Center, employers shall present photocopy of the following documents: a.1. SEC Registration a.2. DTI/BDT Registration
Balete Labor Market Information Ordinance, Balete, Aklan

a.3. DOLE License of Local Private Recruitment and Placement Agency a.4. POEA License for Overseas Recruitment and Placement Agency a.5. CDA Registration for Cooperatives a.6. Business/Mayors Permit a.7. Duly accomplished Registry of Establishments Form

b. Job Vacancy Registration. Employers shall register their vacancies with the BLMI Secretariat/PESO. Unregistered establishment shall be entertained only after having complied with the establishment registration as provided for in subsection a of this section.

Section 13. Barangay Skills Mapping. There shall be conducted a periodic skills mapping in every constituent barangay of the municipality at least once every calendar year. The BLMI Board through SPES beneficiaries shall see to it that it is updated regularly. Corollary thereto, SPES shall be made one of the regular programs of the municipality.

Section 14. Data Analysis and Reproduction. Labor market analysis shall be done to correlate all information produced out of the convergence and that in possession of the BLMI Secretariat/PESO. In some instance where data gathered are too technical for the PESO staff, the help of qualified analyst may be sought upon the instance of the Board. The result of such analysis should be discussed openly before the Board, or even before the Sanggunian. After which, having processed all the data, the same shall be reproduced in a manner understandable to the clienteles to effect the needed change or objective.

ARTICLE V LINKAGES WITH OTHER ORGANIZATIONS Section 15. Establishment of Linkages with other Organizations. The BLMI Board shall establish and maintain a high degree of professional linkages with different stakeholders of the BLMI program. Primarily, it shall enter into memoranda of agreements with the Department of Labor and Employment per Section 7 of R.A. 8759 and other government entities in furtherance of the provisions of this ordinance. Consequently, the secretariat as PESO shall be linked to the provincial and regional offices of the DOLE for coordination and technical supervision, and to the DOLE Central Office, to constitute the national employment service network. Secondarily, the BLMI Board shall endeavour to form collaborative relationship with civil society and private sector organizations operating in the municipality and/or with those whose
Balete Labor Market Information Ordinance, Balete, Aklan

intent run parallel with the policies of the LGU concerning labor issues and concerns. The secretariat shall provide the professional assistance to link up and coordinate with such institutions to market the activities of the BLMI Board, to advance the interest of the local labor force and to solicit informational, technical and financial cooperation for projects/employment generation for the Baleten-on labor force.

ARTICLE VI APPROPRIATION

Section 16. The Balete Labor Market Information System Fund. There shall be allocated a Municipal Labor Market Information System Fund, an initial funding to defray the expenses necessary for the implementation of this ordinance. Said fund shall be used for the establishment, development and maintenance of BLMIS and other LMI related activities of the Municipality as determined by the BLMI Board, subject to the usual accounting and auditing rules and regulations.

ARTICLE VII FINAL PROVISIONS

Section 17. Inspection. The BLMI Board shall conduct an annual inspection of registered enterprises on their programs either by itself of by requesting a local government agency to conduct the same. The inspection shall be limited to the compliance of the provision of this ordinance and/or the policies, rules and regulations which may be adopted by the BLMI Board or the Sangguniang Bayan.

Section 18. Separability Clause. If for any reason, any section or any provision of this ordinance shall be deemed unconstitutional or invalid, other section or provisions hereof not affected thereby shall remain in full force and effect.

Section 19. Repealing Clause. All ordinances, resolutions, executive orders and rules and regulations inconsistent or in conflict with the provisions of this ordinance are hereby repealed, amended or modified accordingly.

Section 20. Effectivity. This ordinance shall take effect upon its publication in a newspaper of local circulation or fifteen days after its posting in conspicuous places in the municipality.

Balete Labor Market Information Ordinance, Balete, Aklan

Enacted: June 25, 2009. Voting on the foregoing is as follows: AYES: Hons. Evelyn V. Villanueva, Inocentes F. Bantigue, Angeles I. Cuales, Cipriano L. Lachica, Ciriaco T. Feliciano, Elvis S. Requiro, Peter C. Recidoro and Crispino P. Beltran, Jr. Nays: None Abstains: None

I HEREBY CERTIFY to the correctness of the foregoing ordinance.

AL F. DE LA CRUZ Secretary to the Sanggunian

ATTESTED:

RIZAL G. RODRIGUEZ, JR. Vice Mayor/Presiding Officer

APPROVED BY:

NOEMI C. CORDERO Municipal Mayor Date of Approval: _______________

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Balete Labor Market Information Ordinance, Balete, Aklan