LEGAL BASIS of PEOS

• SEC. 6 Rules & Regulations Implementing

RA 8042:
“The POEA may undertake other programs
or resort to other modes of information
and dissemination campaign such as the
conduct of nationwide, comprehensive
and sustainable Pre-Employment
Orientation Seminar.”
 Objectives of PEOS
• Provide information on labor and
employment conditions, migration
realities and other facts on overseas
employment
• To adequately prepare participants
into making informed and intelligent
decisions about overseas
employment
 STRATEGIES FOR PEOS
 What POEA has done on PEOS:
- conducted PEOS in schools
- tapped LGUs thru PESOs
- conduct of PEOS prior to or during
jobs fair
- PEOS in regions thru POEA and
DOLE regional offices
 STRATEGIES FOR PEOS
• Regular in-house PEOS at POEA
• Developed country-specific
information materials for PEOS
• Completed 16 country specific
modules in cooperation with the
private sector
 STRATEGIES FOR PEOS
• The nine (9) country specific
modules is also available at the POEA
website:
www.poea.gov.ph
(click “Working abroad? Things you
should know about your destination)
 PEOS vs. PDOS
Participants Participants are
open to everyone departing workers
for OE
Voluntary Compulsory for
orientation newly hired workers
program departing for the
first time
No fees can be PDOS providers
collected for PEOS allowed to collect
minimal fees
 PEOS vs. PDOS
Module of PEOS is PDOS module more
broad, general focused on country
info of destination and
EC
Objective of PEOS Decision to go
is for participant abroad already
to make made and mindset
intelligent of participant is on
decision on impending
whether to work departure
abroad or not
PEOS Module
 TOPIC OBJECTIVES CONTENT METHODOLOGY TIME ALLOTMENT
To set the minds of the
participants on what to
Overview expect from the seminar.
To orient the participants • Objectives
of
on the flow of the seminar • Activities and • Mini lecture 10 minutes
the as well as the activities to Expectations
program be undertaken throughout
the three-hour
orientation.
• A 23-minute AVP
showing the sad
stories and
experiences of
household workers,
their ordeals of
• Video
To enhance the abuses and
Handa presentation
awareness of prospective maltreatment.
• Testimonial I hour and
Ka OFWs on the harsh • Testimonials on the
• Panel 30 minutes
Ba? realities of overseas harsh realities of the
discussion
employment market particularly
• Open forum
on the vulnerable
groups that would
cover the social,
emotional, cultural
and legal difficulties,
among others.
 TOPIC OBJECTIVES CONTENT METHODOLOGY TIME ALLOTMENT

• Modus Operandi • Play audio

of Illegal presentation
•To create awareness Recruiters (listening on the
Kilalanin on the various forms • Tips on How to drama.
Ang Illegal of illegal recruitment Avoid Illegal presentation of IR 40 minutes
Recruiter and ways to avoid Recruitment victims)
being victimized • How to • Lecture
detect/identify • Testimonial from
illegal recruiters an IR victim
• A reflection
exercise with
guide questions
to the
participants to
articulate their
•Pencil and paper
interest in
Ang approach where
pursuing work
•To relate learnings the audience will
Paglalahad with personal
abroad despite
be required to put
30 minutes
ng Saloobin decisions
the testimonies
in writing their
made by the
answers
panel of
resource
persons
highlighting on
their
experiences.
 TOPIC OBJECTIVES CONTENT METHODOLOGY TIME ALLOTMENT

•Advertise the
24-hour hotline
of POEA and
• To empower the encourage
participants to everyone to
• Parting words
make information help the
Synthesis / with lasting
and value based government in 10 minutes
Closing decision on our fight
impact to
audience
employment against illegal
options recruitment
and be
intelligent in
their decisions

NOTE: The audience will be provided with reference materials as

to the modes and legal procedures of application together
with the costs/fees.
 ILLEGAL
RECRUITMENT
FREE LOCAL
GOVERNMENT
UNIT
 OBJECTIVES

• Expand the network of POEA in its campaign

against illegal recruitment at the grassroots level;
• Strengthen the institutions that provide support
through continuing technical assistance such as
training, information materials, resource persons,
etc;
• Sustain LGU participation in the campaign
through mechanisms that will motivate partners
such as recognition and awards, semi-annual
consultative meetings, periodic reporting and
evaluation.
 IMPLEMENTATION STRATEGIES
• Forging of formal Memorandum of Agreement with
LGU executives
• Continued conduct of capability enhancement trainings
for PESO Managers and the conduct of PEOS at the
local levels to help increase the awareness of
prospective overseas workers on the physical,
emotional, social and financial demands of overseas
employment and empower them to make intelligent
and well-thought of decisions.
• Dissemination of information against illegal
recruitment such as posters, brochures,
• Incentives and rewards system
• Sustained monitoring and evaluation
 Information Dissemination
POEA LGU-PESO
Regularly provide the Ensure that all of the Barangays under its jurisdiction
LGU-PESO information shall display the provided information materials for ready
materials such as; reference of the residence/community.
posters, brochures
pamphlets, updated list of
Ensure that the AIR posters/banners be displayed in the
license agencies as well
conspicuous places of the city/municipality.
as copies of recent anti-
illegal recruitment laws
and regulations for Produce at least 5 giant streamers declaring the all out
dissemination and war against illegal recruitment in their locality or adopt the
distribution in their slogan “THIS IS AN ILLEGAL RECRUITMENT FREE
respective constituencies. CITY/MUNICIPALITY” or “BEWARE OF ILLEGAL
RECRUITERS” to be positioned in crowded places such
as markets, churches, schools, town plaza, and or bus
stations.

Shall be responsible in the control and distribution of all

the information materials provided.
 Conduct of Pre-Employment
Orientation Seminar
POEA
Provide a package of useful information and
education materials on overseas employment for
use in the PEOS.
Provide the LGU-PESO market situationer,
updates, memorandum circulars and other special
reports of public interest.
Make available resource speakers until such time
the LGU-PESO key personnel are trained to
conduct PEOS.
LGU-PESO
Announce the schedule, provide
venue and participants for PEOS
in all initiated job fair and
institutionalize the conduct of the
PEOS at least once a month. For
this purpose, the LGU-PESO shall
adopt the standard PEOS module
in the conduct of its PEOS.

Train and equip the LGU-PESO key personnel the

needed tools and skills in the conduct of the PEOS
to prepare them as speakers for the seminar and
assist in the trainers training program initiated by
the latter, whenever necessary.
 Establishment of Illegal Recruitment Complaint
Help Desk and Referral System
POEA LGU-PESO
Train the LGU- Establish an Anti-Illegal Recruitment Help Desk in its
PESO on how PESO.
to provide
assistance to Designate key personnel to provide assistance to victims of
illegal illegal recruitment and shall man the AIR-Help Desk
recruitment
complaints Render assistance in documenting the complaints,
preparing the affidavits for illegal recruitment victims and
shall refer the same to POEA’s Legal Assistance Division,
Anti-Illegal Recruitment Branch, or to any appropriate law
enforcement agencies.

Establish strong linkages with other law enforcement

agencies for coordination and referral of illegal recruitment
cases, such as the Philippine National Police-CIDG,
National Bureau of Investigation, and the Department of
Justice.
 Courtesy lane for job applicants
POEA
Provide the LGU-PESO
updated list of job vacancies
regularly under its
Government Placement
Branch (GPB) hiring for
reference and information of
the latter’s constituents.
Establish a mechanism to
provide a system of referrals
by the LGU-PESO for its
applicants to POEA-GPB job
vacancies.
LGU-PESO
Provide a space for POEA’s
Balik-Manggagawa Processing
during the peak season
(January, May, November and
December) upon determination
of the need.
Ensure that privileges accord to
by the POEA shall not be
violated in accordance with its
laws and regulations.
 Monitoring, Evaluation and Assessment

• The LGU-PESO shall submit on or before the

second Monday of very month the activities
undertaken using the prescribed format
designed POEA.

• The POEA and the LGU-PESO shall hold

quarterly meetings to review the record of
performance based on the provisions of the
Guidelines and to introduce improvements, as
the need arises. The venue shall be at the Blas
F. Ople (BFO) Building, corner Ortigas Avenue,
EDSA Mandaluyong City.
 Partner LGUs
Signed Valenzuela City
Memorandum of
Taguig City
Understanding
Mandaluyong City
Quezon City
Las Piñas City
Muntinlupa City
Caloocan City
Malabon City
San Pablo, Laguna
San Isidro Nueva Ecija
Pagadian City, Zamboanga Del Sur

On-Going Pasig
Negotiations
Pateros
San Juan
Marikina
Makati
Pasay
Naga
Conducted PESO Capability Enhancement on
Overseas Employment
 Conducted PESO Capability
Enhancement on Overseas Employment
•Bulacan
•MIMAROPA
•NCR
•Region VI,VII,VIII (Bohol City)
•Region 12 (General Santos City)
•the Province of Palawan
•Region III (Pampanga)
•Western Mindanao (Pagadian City)
•Northern Mindanao/SOCSARGEN (Butuan City)
*408 PESO Managers benefited from these trainings
 (covered area) (venue)

Region II Aparri
Southern Luzon Batangas
Western Visayas Bacolod
Region III Bulacan
Reform Package Affecting
Household Workers
(Governing Board Resolutions (GBR) # 3-12
of 2006 and GBR # 1-2 of 2007)
 Guidelines on the Implementation of the Reform Package
Affecting Household Service Workers (HSWs)

I. Newly hired HSWs[1]

a) With visas issued prior to 16 December 2006, or processed under job orders registered with
POEA prior to 16 December 2006, or processed under employment contracts that were
verified by the concerned POLOs prior to 16 December 2006 shall be exempted from the
following reform package:
• Minimum age of 23
• Minimum entry salary of US$400
• No – placement Fee policy
• TESDA NC2 Certificate
• Attendance to the OWWA Language and Culture Orientation
Provided that these newly hired HSWs are processed at POEA before 1 March 2007.

b) With visas issued after 16 December 2006, or processed under job orders registered with
POEA after 16 December 2006, or processed under employment contracts that were verified
by the concerned POLOs after 16 December 2006 shall be covered by the following:

• Minimum age of 23
• Minimum entry salary of US$400
• No – placement Fee policy;
• TESDA NC2 Certificate
• Attendance to the OWWA Language and Culture Orientation.
 Guidelines on the Implementation of the Reform Package
Affecting Household Service Workers (HSWs)

Newly hired HSWs shall exempted from the TESDA and OWWA requirements if
bound for countries with prescribed skills training and language and culture
orientation as conditions for visa issuance. The determination of the countries with such
requirements shall be done by POEA.

II. Returning HSWs

a) Vacationing HSWs or those with existing overseas employment contracts

executed prior to 1 March 2007 and are returning to their employer at anytime
within the duration of their contract are exempted from the coverage of the
following reforms:
• Minimum age of 23
• Minimum entry salary of US$400
• TESDA NC2 Certificate
• Attendance to the OWWA Language and Culture Orientation

The No-placement Fee policy does not apply to them since they are
merely resuming their employment under an existing contract and are processed at
the POEA without the participation of an agency.
 Guidelines on the Implementation of the Reform Package
Affecting Household Service Workers (HSWs)

b) HSWs who completed their overseas contracts within 2006 and thereafter, and are
returning to the same or new employer with their OEC issued before 1 March 2007, are
exempted from the following:

• Minimum age of 23
• Minimum entry salary of US$400
• Payment of placement fee, if hired thru an agency
• TESDA NC2 Certificate
• Attendance to the OWWA Language and Culture Orientation unless returning to a country
with a different language and culture, as determined by OWWA

c) HSWs who completed their overseas contracts before 2006 and are returning to the
same or new employer with their OEC issued before 1 March 2007 are covered by the
new minimum salary rate of US$400. They are, however, exempted from the following:

• Minimum age requirement

• Payment of placement fee, if hired thru an agency
• TESDA NC2 requirement, unless required by their employer
• OWWA Language and Culture Orientation unless returning to a country with a different
language and culture, as determined by OWWA
 Guidelines on the Implementation of the Reform Package
Affecting Household Service Workers (HSWs)

d) HSWs who completed their overseas employment contracts which were executed prior to 1 March 2007 and
are being processed under a new contract with the same employer or new employer on or after 1 March 2007
are covered by the new minimum salary rate of US$400. They are, however, exempted from the following:

• Minimum age requirement;

• Payment of placement fee, if hired thru an agency;
• TESDA NC2 requirement, unless required by their employer; and
• OWWA Language and Culture Orientation unless returning to a country with a
different language and culture, as determined by OWWA.

e) HSWs who completed their employment contract before or after 2006 and are being
processed under a new contract with the same or a new employer on or after 1 March
2007 are covered by the new minimum salary rate of US$400. They are, however,
exempted from the following:
• Minimum age requirement
• Payment of placement fee, if hired thru an agency
• TESDA NC2 requirement, unless required by their employer
• OWWA Language and Culture Orientation unless returning to a country with a different language and
culture, as determined by OWWA

[1] Referring to HSWs without any previous overseas work experience as a HSW and former HSWs who failed to finish their previous contract as a
HSW.
Ban on direct hiring
(GBR # 04 series of 2007)
• Prohibits an employer from hiring Filipino
workers for overseas employment,
except through the boards (POEA) or
entities authorized by the Secretary of
Labor and Employment, such as;

a) members of the diplomatic corps

b) international organizations
On-Site Remedies
(GBR # 07 of 2007)
 Remedial Measure for Stronger
Protection of OFWs
• Complaints by on-site OFWs pertaining to
violations of POEA rules and regulations shall
be received by the concerned Philippine
Overseas Labor Office (POLO)
• In docketed POEA cases involving
complainants or witnesses deployed for work
overseas, the POEA Adjudication Office
should have all reasonable means to ascertain
the facts and information on such cases
 Repeal of RA 8042
particularly on phase out of
regulatory functions of POEA
(Republic Act 9422)
Section 1. Regulation of Private
Sector Participation. – Part IV,
Section 7 of the Omnibus Rules are
hereby amended as follows:
Section 7. Role of POEA. –
The POEA shall continue to
regulate private sector participation
in the recruitment and overseas
placement of workers through its
licensing and registration system
pursuant to its Rules and
Regulations on Overseas
Employment.
The POEA shall ensure the
imposition of stricter licensing
measures to ensure the
participation of only private entities
that can guarantee the best
possible terms and conditions of
employment for OFWs. Towards
this end, the following shall be
undertaken:
a) periodic review of capitalization and escrow
deposit/bond requirements to uphold the
financial viability of recruitment agencies;
b) rationalization of licensed agencies through
reasonable deployment quotas, with
emphasis on deployment of skilled workers;
c) a mandatory continuing licensed agency
education program that emphasizes the
national interest and welfare of OFWs;
d) increase penalties for acts of fraud and
misrepresentation committed by licensed agencies
in the recruitment and placement of workers;

e) institute a classification and awards system for

licensed agencies, based on relevant criteria; and

f) other measures consistent with the above-stated

objective, as approved by the POEA Governing
Board.
Section 2. POEA Placement
Authority. Article IV shall be
amended with the insertion of
Sections 7-A, 7-B, and 7-C, as
follows:
Section 2. POEA Placement
Authority. Article IV shall be
amended with the insertion of
Sections 7-A, 7-B, and 7-C, as
follows:
 Section 7-A. POEA Placement Authority. – The POEA
shall undertake recruitment and placement of workers to
service the requirements for trained and competent Filipino
workers for foreign governments and their instruments, and
such other employers as public interests may require,
based on the following parameters:
(a)that the POEA shall deploy only to countries where the
Philippines has concluded bilateral labor agreements or
arrangements;
(b)that such countries shall guarantee to protect the rights of
Filipino migrant workers; and
(c) that such countries shall observe and comply with
international laws and standards for migrant workers.
“Section 7-B. Conclusion of Bilateral
Labor Agreements or Arrangements. – In
concluding bilateral labor agreements or
arrangements with foreign governments, the
DOLE and POEA shall observe the following
procedures:
a) The composition of the Philippine panel or
delegation of negotiators shall be determined
by the President upon recommendation of the
Secretary of Foreign Affairs and the Secretary
of Labor and Employment;
b) The DOLE shall convene a meeting of
the panel members prior to the
commencement of any negotiations for
the purpose of establishing the
parameters of the negotiating positions
of the panel. No deviation from the
agreed parameters shall be made
without prior consultations with the
members of the negotiating panel;
c) All bilateral labor agreements shall be
transmitted by the DOLE to the DFA after their
signing, for the preparation of the ratification
papers. The transmittal shall include the
highlights of the agreement and the benefits
which will accrue to the Philippines by virtue
of such an agreement; and
d) The DFA, pursuant to the DOLE
endorsement, shall transmit the agreement to
the President for ratification. The original
signed instrument of ratification shall be
returned to the DFA for appropriate action.
Section 7-C. Requirements for Negotiations.
In addition to the above-stated requirements,
bilateral labor agreements or arrangements that
require the exercise of POEA placement authority
shall be concluded only under the following
circumstances:

a) Where government placement was requested

and specified by the foreign government
employer;
b) Where the government-to-government
arrangement is a “goodwill vehicle” for
prospective employers endorsed by diplomatic
missions or is a result of high-level ministerial
meetings;
c) Where new or novel markets or alternative
manpower mobilization arrangements on a
pilot or experimental basis or for special hiring
projects triggered by certain recruitment and
exploitative malpractices of recruitment
agencies. A special hiring facility provided
under this category shall be on a temporary
basis and will ultimately be serviced by the
private recruitment industry in accordance with
the exigencies of the market; or
d) Where the arrangement is a special
facility for the government’s emergency
employment program and pro-poor
regional dispersal of services.”
 Section 3. Human Rights
Education. – Article VIII shall be
amended with the insertion of
Section 14-A, as follows:
“Section 14-A. Human Rights Education. – The
POEA shall strengthen its public education program
through the inclusion of human rights advocacy in its
Pre-Employment Orientation Seminars (PEOS) and
other preventive anti-illegal recruitment efforts.
Toward this end, the POEA shall ensure coordination
with relevant agencies such as the Commission on
Human Rights (CHR) as well as national and local
law enforcement agencies, and provide technical and
educational assistance to local government units for
better protection of OFWs through the POEA “Illegal
Recruitment-Free LGUs (IR-Free LGUs) Campaign”.
Section 4. Repealing Clause.
All Department Orders, Circulars,
and Implementing Rules and
Regulations inconsistent with these
amendatory rules are hereby
repealed or amended accordingly.