omnibus rules implementing the labor code - book 1

7/31/2019 Omnibus Rules Implementing the Labor Code - Book 1

1/35

OMNIBUS RULES

IMPLEMENTING THE LABOR CODE

BOOK ONE

Pre-Employment

RULE I

Definitions of Terms

SECTION 1.Definition of terms.

(a) "Bureau" means the Bureau of Employment Services.

(b) "NSB" means the National Seamen Board.

(c) "OEDB" means the Overseas Employment Development Board.

(d) "rivate recruitment entity" means any person or entity en!a!ed in the recruitment and placement of or#ers locally or

overseas$ ithout char!in!$ directly or indirectly$ any fee a!ainst the or#er.

(e) "rivate employment a!ency" means any person or entity en!a!ed in the recruitment and placement of or#ers for a fee hich

is char!ed directly a!ainst the or#ers or employers$ or both.

(f) "%uthority" means a document issued by the Secretary of &abor and Employment authori'in! a person or association to en!a!e

in recruitment and placement activities as a private recruitment entity.

(!) "&icense" means a document issued by the Secretary of &abor and Employment authori'in! a person or entity to operate a

private employment a!ency.

(h) "Employment permit" means the authority issued by the Secretary of &abor and Employment to a nonresident alien to or# in

the hilippines or to an employer en!a!ed in business in the hilippines to employ such alien.

(i) "Beneficiary" means a person desi!nated by a contract or#er or seaman employed overseas to receive his monthly remittance.

() "Nonresident alien" means any alien already in the hilippines or see#in! admission to the hilippines to obtain employment in

any public or private enterprise.

(#) "Seaman" means any person employed in maritime navi!ation.

(l) "*nderstudy" means any +ualified ,ilipino citi'en desi!nated by a local employer to be trained by a forei!n national alloed to

or# in the country by virtue of an employment permit !ranted to him by the Secretary of &abor and Employment under an

approved understudy trainin! pro!ram.

(m) "-ecruitment and placement" refers to any act of canvassin!$ enlistin!$ contractin!$ transportin!$ utili'in!$ hirin! or procurin!

or#ers and includes referrals$ contract services$ promisin! or advertisin! employment locally or abroad$ hether for profit or not


2/35

Provided,/hat any person or entity hich in any manner$ offers or promises employment for a fee to to or more persons shall be

deemed en!a!ed in recruitment and placement.

(n) ",orei!n e0chan!e earnin!s" means the earnin!s abroad of contract or#ers and seamen or their recruiters or local employers or

a!ents in terms of *S dollars or any other internationally acceptable currency.

(o) "-emittance" means the amount of the forei!n e0chan!e earnin!s remitted by a contract or#er or seaman to any beneficiary in

the hilippines throu!h the hilippine ban#in! system.

(p) "lacement fees" means the amount char!ed by a private employment a!ency from an applicant or#er for its services in the

recruitment and placement of said or#er.

(+) "1obili'ation fee" means the amount char!ed by a licensee or authority holder from its forei!n employerprincipal2partner to

cover costs of recruitment$ processin! and documentation of its recruits for overseas employment.

(r) "Service fee" means the amount char!ed by a licensee or authority holder from its forei!n employerprincipal2partner as

payment for actual services rendered in relation to the recruitment and employment of or#ers for said principal2partner.

(s) %dministration. means the hilippine Overseas Employment %dministration.

(u) %dministrator. means a private employment or a mannin! a!ency as herein defined.

(v) 3ode. means the&abor 3ode of the hilippines$ as amended.

() 3ontractin! partner. refers to a forei!n party to any service a!reement or proect contract entered into by a service contractor

or construction contractor.

(0) 3ontract 4or#er. means any person or#in! or ho has or#ed overseas under a valid employment contract and shall

include seamen.

(y) Directorate. means the e0ecutive body of the %dministration composed of its administrators and Directors.

(') Director &-O. refers to the Director of the &icensin! and -e!ulation Office.

(aa) Director 1DO. refers to the Director of the 1ar#et Development and lacement Office.

(bb) Director 4%%O. refers to the Director of the 4or#er5s %ssistance and %dudication Office.

(cc) Employer. refers to any person$ partnership or corporation$ hether local or forei!n directly en!a!in! the services of the,ilipino or#ers overseas.

(dd) Entity. means a private recruitment entity as herein defined.

(ee) 6overnin! Board. is the policy ma#in! body of the %dministration.

(ff) 1annin! %!ency. refers to any person or entity duly licensed by the Secretary to recruit seamen for vessels plyin!

international aters and for related maritime activities.
http://www.chanrobles.com/legal4labor.htm#LABOR%20CODE%20OF%20THE%20PHILIPPINES%20%5BFULL%20TEXT%5Dhttp://www.chanrobles.com/legal4labor.htm#LABOR%20CODE%20OF%20THE%20PHILIPPINES%20%5BFULL%20TEXT%5D


3/35

(!!) Name 7ire. is a or#er ho is able to secure employment overseas on his on ithout the assistance or participation of any

a!ency or entity.

(hh) Nonlicensee or Nonholder of %uthority. refers to any person$ partnership or corporation hich has not been issued a valid

license or authority$ has been suspended$ revo#ed or cancelled by the %dministrator or Secretary.

(ii) OneStop rocessin! 3enter. refers to an intera!ency servicin! body desi!ned to facilitate the employment and subse+uent

deployment of contract or#ers for or# overseas.

() Overseas employment. means employment of a or#er outside the hilippines includin! employment on board vessels

plyin! international aters$ covered by a valid employment contract.

(##) rincipal. refers to any forei!n person$ partnership or corporation hirin! ,ilipino or#ers throu!h an a!ency.

(ll) -e!ional Director. refers to the Directors of the -e!ional Office of the Department.

(mm) -e!ional &abor 3enter or -&3. refers to an overseas field office of the %dministration.


4/35

RULE II

Employment Promotion

SECTION 1.oers of the Secretary of &abor and Employment. /he Secretary shall have the poer and authority to

(a) Or!ani'e and establish$ as the need arises$ ne public employment offices in addition to or in place of e0istin! ones for the

efficient$ systematic and coordinated recruitment and placement of or#ers for local and overseas employment.

(b) Or!ani'e and establish a nationide ob clearance and information system to inform applicants re!isterin! ith a particular

employment office of ob opportunities in other parts of the country as ell as overseas.

(c) Develop and or!ani'e pro!rams that ill facilitate occupational$ industrial and !eo!raphical mobility of labor and provide

assistance in the relocation of or#ers from one area to another.

(d) -e+uire any person$ establishment$ or!ani'ation or institution to submit such employment information as may be necessary8

and

(e) 9ssue such rules and re!ulations as may be necessary to re!ulate and supervise private sector participation in the recruitmentand placement of or#ers$ locally or overseas$ in the conte0t of a comprehensive national employment pro!ram.

SECTION 2.,ree placement services. /he public employment offices shall provide free placement of or#ers applyin! for both

domestic and overseas placement. %pplicants shall accomplish appropriate information sheets and submit such other documents as

may be prescribed by the Bureau for the purpose.

SECTION .lacement of or#ers. %ny applicant re!isterin! for employment ith a public employment office shall be

intervieed to determine his occupational +ualifications. /he public employment office shall refer him to any appropriate ob for

vacancy.

SECTION !.:ocational !uidance and testin!. /he public employment offices shall provide ade+uate vocational !uidance and

testin! service to persons see#in! help in choosin! or chan!in! an occupation. Each office shall at least have one (;) vocational

!uidance and testin! officer to underta#e these tas#s.

SECTION ". Occupational classification of re!istered applicants. /he public employment office shall classify re!istered

applicants in accordance ith obtitles and codes of the hilippine Standard 3lassification. /hey shall also maintain a re!istry of

s#ills usin! such forms as may be appropriate for the purpose.

SECTION #.Occupationalindustrial mobility of or#ers. /he public employment offices shall arran!e for the trainin! or

retrainin! of unemployed applicants in occupations or trades here they are suitably +ualified and have !reater prospect of

employment.

SECTION $.6eo!raphical movement of or#ers. /he public employment office shall arran!e for the interarea placement of

unemployed or#ers throu!h a nationide obclearance and information system. /he transfer of or#ers shall be arran!ed by the

public employment office here the applicant is re!istered and the office here the vacancy e0ists.

SECTION %.


5/35

SECTION &.Submission of reports. %t the end of each month$ every employer ith at least si0 (=) employees shall submit to the

nearest public employment office the folloin!

(a) &ist of e0istin! ob vacancies or openin!s8

(b) &ist of ne employees$ if any8

(c) /erminations$ layoffs or retirements8

(d) /otal number of employed or#ers for the period8 and

(e) -e+uest for assistance$ if needed$ to fill vacancies or openin!s.


6/35

RULE III

Re'r(itment )n* Pl)'ement

SECTION 1.rivate recruitment. No person or entity shall en!a!e in the recruitment and placement of or#ers either for local

or overseas employment e0cept the folloin!

(a) ublic employment offices8

(b) Overseas Employment Development Board8

(c) National Seamen Board8

(d) rivate recruitment offices8

(e) rivate employment a!encies8

(f) Shippin! or mannin! a!ents or representatives8 and

(!) Such other persons or entities as may be authori'ed by the Secretary.

SECTION 2.Ban on direct hirin!. No employer may hire a ,ilipino or#er for overseas employment e0cept throu!h the person

or entities enumerated in the precedin! section or as authori'ed by the la or by the Secretary. Direct hirin! by members of the

diplomatic service$ officials and employees of international or!ani'ations and such other employers as may be authori'ed by the

Secretary is e0empted from this provision. Such hirin!s shall be processed by the Overseas Employment Development Board.


7/35

RULE I+

Pri,)te Se'tor P)rti'ip)tion in Re'r(itment )n* Pl)'ement

SECTION 1.4ho may participate in the private sector. Only the folloin! persons or entities in the private sector may en!a!e

in the recruitment and placement of or#ers either for local or overseas employment

(a) rivate employment a!encies8

(b) rivate recruitment entities8

(c) Shippin! or mannin! a!ents or representatives8 and

(d) Such other persons or entities as may be authori'ed by the Secretary.

SECTION 2.3iti'enship re+uirement. Only ,ilipino citi'ens or corporations$ partnerships or entities at least seventyfive percent

(>?@) of the authori'ed and votin! capital stoc# of hich is oned and controlled by ,ilipino citi'ens shall be permitted to

participate in the recruitment and placement of or#ers$ locally or overseas.


8/35

RULE +

Pri,)te Employment en'ies

SECTION 1.Aualifications of applicants. %ll applicants for license to operate private employment a!encies either for local or

overseas recruitment and placement shall possess the folloin! +ualifications

(a) 3iti'enship re+uirement as provided for in -ule 9: of these -ules8

(b) %ppropriate capitali'ation as follos

;. ,or overseas recruitment and placement$ a minimum netorth of ;?$. in the case of sin!le proprietorship$ and a paidup

capital or netorth of ;?$. in the case of a corporation or partnership$ as the case may be8

C. ,or local recruitment and placement$ a minimum netorth of C?$. in the case of sin!le proprietorship8 and a paidup

capital or netorth of C?$. in the case of partnership or corporation$ as the case may be8

(c) %pplicants not otherise dis+ualified by la$ rule or re!ulations as may be determined by competent authority to en!a!e in

recruitment and placement. (-epealed by OE% -ules and -e!ulations)

SECTION 2.%pplication for license for overseas recruitment and placement. Every applicant for license to operate a private

employment a!ency for overseas recruitment and placement shall submit to the Bureau the folloin! documents in support of the

application

(a) % certified copy of the %rticles of 9ncorporation in the case of a corporation$ or the re!istration ith the Bureau of Domestic

/rade in the case of a sin!le proprietorship or partnership8

(b) 9f the applicant is a corporation$ proof of financial capacity of the maor stoc#holders such as sorn statements of assets and

verified income ta0 returns for the last to years8

(c) 3learance from the hilippine 3onstabulary and the Bureau of 9nternal -evenue for all the incorporators$ partners or sin!le

proprietor8

(d) % verified statement that the applicant has in its employ persons ith ade+uate competence to evaluate and test recruits and to

consider them for employment strictly on the basis of merit and fitness$ ithout any undue discrimination and in accordance ith

the +ualifications prescribed by the employer8

(e) % verified underta#in! to assume all responsibilities for the proper use of its license2authority and the implementation of the

contracts of employment ith the or#ers8 and

(f) Such other re+uirements that the Secretary may re+uire upon recommendation of the Bureau Director. (%mended by Sec. ;$ -ule

99$ Boo# 99$ OE% -ules and -e!ulations)

SECTION .%ction on application. 4ithin the thirty () days from the receipt of the application for license$ the Bureau shall

recommend its denial or approval to the Secretary. *pon considerin! the findin!s and recommendations of the Bureau$ the

Secretary may either deny or approve the application. (%mended by OE% -ules and -e!ulations)

SECTION !.,ees and bonds. *pon approval of the application$ the applicant shall pay to the Department a license fee of

=$.$ post a cash bond of ?$. or ne!otiate bonds of e+uivalent amount convertible to cash issued by ban#in! or financial
http://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htm


9/35

institutions duly endorsed to the Department$ as ell as a surety bond of ;?$. from an accredited bondin! company to

anser for valid and le!al claims arisin! from violations of the conditions of the license or the contracts of employment and

!uarantee compliance ith the provisions of the 3ode$ its implementin! rules and re!ulations and appropriate issuances of the

Department. (%mended by Sec. C F -ule 99 Boo# 99$OE% -ules and -e!ulations)

SECTION ".9ssuance of license. *pon payment of the license fee and the postin! of the appropriate bonds$ the Bureau shall

issue the correspondin! licensin! to the applicant. (1odified by Sec. ?$ -ule 99$ Boo# 99$ OE% -ules and -e!ulations)

SECTION #.Duration of license. Every license shall be valid for one year from the date of approval$ unless sooner cancelled$

revo#ed or suspended by the Secretary for violation of any of the conditions of the license or any of applicable provisions of the

3ode and these -ules. (%s amended by Sec. =$ -ule 99$ Boo# 99$ OE% -ules and -e!ulations)

SECTION $.Nontransferability of license. No license shall be transferred$ conveyed or assi!ned to any other person or entity$ or

used in any place other than that stated in the license. %ny transfer of business address$ appointment or desi!nation$ of any a!ent or

representative$ includin! the establishment of additional offices elsehere$ shall be subect to the final approval of the Bureau. (%s

amended by Sec. >$ -ule 99$ Boo# 99$ OE% -ules and -e!ulations)

SECTION %. 3han!e of Onership of Business. /ransfer or chan!e of onership of a sin!le proprietorship licensed orauthori'ed to en!a!e in overseas employment shall cause the automatic revocation of the license or authority. /he ne oner shall

be re+uired to apply for a license or authority in accordance ith these -ules. (%dded by Sec. G$ -ule 99$ Boo# 99$ OE% -ules and

-e!ulations)

% chan!e in the relationship of the partners in a partnership duly authori'ed or licensed to en!a!e in overseas employment hich

materially interrupt the course of the business or results in the actual dissolution of the partnership shall li#eise cause the

automatic revocation of the license or authority.

SECTION &.*p!radin! of Sin!le roprietorship or partnership. &icensees or authority holders hich are sin!le proprietorships

or partnerships may$ subect to the !uidelines of the %dministration$ convert into corporations for purposes of up!radin! or raisin!

their capabilities to meet the stiff competition in the international labor mar#et and to enable them to better comply ith their

responsibilities arisin! from the recruitment and deployment of or#ers overseas. (%dded by Sec. H$ -ule 99$ Boo# 99$ OE% -ules

and -e!ulations)

/he prohibition on the issuance of ne license under &.O.9. ;;H shall not apply to the ne entity created by reason of the above

mer!er$ consolidation or up!radin!.

/he approval of mer!er$ consolidation or up!radin! shall automatically revo#e or cancel the license or authorities of the sin!le

proprietorships$ partnerships or corporations so mer!ed$ consolidated or up!raded.

SECTION 1/.3han!e of Directors of 3orporations. Every chan!e in the composition of the Board of Directors of a corporation

licensed or authori'ed to participate in overseas employment shall be re!istered ith the %dministration ithin days from the

date the chan!e as decided or approved. /he corporation shall be re+uired to submit to the %dministration the biodata and

clearances of the ne members of the Board from the !overnment a!encies identified in Section ; (c) -ule 99$ Boo# 99 of these -ules.

(%dded by Sec. ;$ -ule 99$ Boo# 99$ OE% -ules and -e!ulations)

SECTION 11. 3han!e of Other Officers and ersonnel. Every chan!e of officers or representatives and termination of

appointment of personnel shall be re!istered ith the %dministration ithin days from the date the chan!e or termination

occurred. (%dded by Sec. ;;$ -ule 99$ Boo# 99$OE% -ules and -e!ulations)
http://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htm


10/35

SECTION 12./ransfer of Business %ddress. %ny transfer of business address$ includin! the establishment of additional offices

elsehere$ shall be effected only ith prior authority or approval of the %dministration. /he approval shall be issued only upon

formal notice of the intention of transfer ith the folloin! attachments (%dded by Sec. ;C$ -ule 99$ Boo# 99$ OE% -ules and

-e!ulations)

(a) 3opy of the company5s formal notice to the BD/ or SE3 on the transfer of business address8

(b) 9n case of a corporation$ Board -esolution duly re!istered ith the SE3 authori'in! transfer of business address8

(c) 3opy of the BD/ or SE3 ac#noled!ment of the notice to transfer8

(d) 3opy of the contract of lease or proof of buildin! onership.

/he ne office space shall be subect to the normal ocular inspection procedures by duly authori'ed representatives of the

%dministration.

% notice to the public of the ne address shall be punished in a nespaper of !eneral circulation.

SECTION 1.3onduct of -ecruitment Outside of -e!istered Office. No licensed or authori'ed a!ency or entity shall conduct

recruitment activities outside of the address stated in the licensed authority ithout first securin! prior authority from the

%dministration. (%dded by Sec. ;$ -ule 99$ Boo# 99$ OE% -ules and -e!ulations)

SECTION 1!.%ppointment of -epresentatives. Every appointment of representatives or a!ents of licensed or authori'ed a!ency

or entity shall be subect to the prior approval or authority of the %dministration. /he approval may be issued upon submission of

or compliance ith the folloin! re+uirements(%dded by Sec. ;F$ -ule 99$ Boo# 99$ OE% -ules and -e!ulations)

(a) roposed appointment or special poer of attorney8

(b) hilippine 3onstabulary (339S) and National Bureau of 9nvesti!ation (NB9) clearances of the proposed representative or

a!ent8

(c) /o (C) copies of passportsi'e pictures of the proposed representative or a!ent8

(d) % sorn or verified statement by the desi!natin! or appointin! person or company assumin! full responsibility for all acts of

the a!ent or representative done in connection ith the recruitment and placement of or#ers.

%pproval by the %dministration of the appointment or desi!nation does not authori'e the a!ent or representative to establish a

branch or e0tension office of the licensed a!ency represented.

%ny revocation or amendments in the appointment should be communicated to the %dministration$ otherise the desi!nation or

appointment shall be deemed as not revo#ed or amended.

SECTION 1".-eneal of license. Not later than forty five (F?) days before the e0piry date of the license$ a private employment

a!ency shall submit to the Bureau an application for reneal of license. Such application shall be supported by the folloin!

documents

(a) % report under oath of its operations durin! the period covered by the license containin! the folloin! information$ amon!

other
http://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htm


11/35

;) Number and cate!ories of or#ers recruited and placed overseas durin! the period$ names and addresses of their respective

employer(s)2principal(s)$ total basic a!es and salaries earned of or#ers placed by it and reported forei!n e0chan!e earnin!s

remitted durin! the period as certified by the 3entral Ban#8

C) /otal amount paid to the elfare fund and processin! fees paid durin! the period8

) Names and addresses of its principals and the amount of service fees per or#er char!ed a!ainst them8 and

(b) :erified financial statement of operation durin! the period$ includin! latest income ta0 payment. (%mended by Sec. ;?$ -ule 99$

Boo# 99$OE% -ules and -e!ulations)

SECTION 1#.rocessin! of application for reneal. 4ithin thirty () days from receipt of the application for reneal of license$

the Bureau shall complete the processin! of the same. *pon evaluation of the documents submitted and the a!ency5s performance

records$ the Bureau shall recommend its denial or reneal to the Secretary ho may accept or deny the Bureau5s recommendation.

/he Bureau shall release the license subect to payment of a license fee of =$.$ postin! of a cash bond of ?$. or its

acceptable e+uivalent$ and the reneal of the surety bond of ;?$.. (%mended by Sec. ;= to ;G$ -ule 99$ Boo# 99$ OE% -ules

and -e!ulations)

(a) -eplenishment of 3ash or Surety Bonds. 4ithin thirty () days from notice by the %dministration that the bonds or any part

thereof had been !arnished$ the a!ency or entity shall replenish the same. ,ailure to replenish shall cause the suspension or

cancellation of the license or authority.

(b) -efund of 3ash Bond. % licensed a!ency or entity hich voluntarily surrenders its license or authority shall be entitled to the

refund of its cash bond only after postin! a surety bond of similar amount valid for three () years.

(c) Evaluation of erformance of %!encies and Entities. /he %dministration shall underta#e the evaluation and ratin! of the

performance of licensed a!encies and entities and determine the merits of their continued participation in the overseas employment

pro!ram ta#in! into consideration compliance ith las and re!ulations and such other criteria as it may deem proper. (Sec. C;

-ule 99$ Boo# 999$OE% -ules and -e!ulations)

(d) 3lassification and -an#in!. /he %dministration may underta#e the classification and ran#in! of a!encies and entities. (Sec.

CC -ule 99$ Boo# 999$ OE% -ules and -e!ulations)

(e) 9ncentives and -eco!nition. /he %dministration may underta#e incentives and reco!nition to deservin! a!encies and

contractors for e0emplary performance. (Sec. C -ule 99$ Boo# 999$OE% -ules and -e!ulations)

SECTION 1$.-e+uirement before recruitment. Before recruitin! any or#er$ the private employment a!ency shall submit to the

Bureau the folloin! documents

(a) % formal appointment or a!ency contract e0ecuted by a forei!nbased employer in favor of the license holder to recruit and hire

personnel for the former duly authenticated or attested by the hilippine &abor %ttachI or duly authori'ed hilippine forei!n

service official or$ in his absence by an appropriate official$ a!ency or or!ani'ation in the country here the employer conducts his

business. 9n case any of the fore!oin! documents is e0ecuted in the hilippines$ the same may be authenticated by the duly

authori'ed official of the Department of ,orei!n %ffairs or of the employer5s consulate or Embassy or of the Department of &abor

and Employment official as may be appropriate. Such formal appointment or recruitment a!reement shall contain the folloin!

provisions$ amon! others
http://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htm


12/35

(;) /erms of recruitment$ includin! the responsibility of the parties relative to the employment of or#ers8

(C) oer of the a!ency to sue and be sued ointly and solidarily ith the principal or forei!nbased employer for any of the

violations of the recruitment a!reement and the contracts of employment8

() 3ompensation or payment schedule$ includin! payment of documentation costs$ !overnment fees$ service from the

transportation fare and the mode of payments8

(F) eriod of validity$ hich shall be not less than one year and up to the e0piration date of the last employment contract si!ned

ith its recruits8 and

(?) 9nstitutions of systems or procedure to be implemented for mandatory remittance of a portion of the or#er5s salary as provided

under the 3ode and the %ffidavit of underta#in!.

(b) 3ommercial re!istration and other pertinent documents provin! the le!al personality of the forei!n principal$ includin! its

authority to hire and recruit forei!n or#ers8

(c)


13/35

(a) 6uaranteed a!es for re!ular or#in! hours and overtime pay for services rendered in e0cess of basic or#in! hours as

established by the 1inistry8

(b) ,ree transportation from point of hire to site of employment and return$ includin! e0penses for travel documentation8

(c) %de+uate board and lod!in! facilities8

(d) ,ree emer!ency medical and dental treatment and facilities8

(e)


14/35

() assport.

(c) -ecords of payment shall be available for inspection by an authori'ed representative of the Bureau any time durin! re!ular

office hours. (%mended by Sec. C -ule 9:$ Boo# 99$ OE% -ules and -e!ulations)

SECTION 2!.,ees char!eable a!ainst the employer. % private employment a!ency shall char!e a minimum mobili'ation fee to

cover costs of recruitment$ processin! and documentation in accordance ith a schedule approved by the Secretary in addition to

service char!es hich may be ne!otiated ith a forei!n employer or principal.

(a) ,ees 3har!eable %!ainst rincipals. %!encies shall char!e from their principals a service of mannin! fee to cover services

rendered in the recruitment$ documentation and placement of or#ers. (Sec. ; -ule 9:$ Boo# 99$ OE% -ules and -e!ulations)

(b) 3har!es deductible from ,ees aid by 4ithdrain! 4or#ers. 9n case of the ithdraal of the or#er ithin one hundred

tenty (;C) days from the si!nin! of the employment contracts the a!ency or entity shall refund the amount paid by him after

deductin! such actual e0penses incurred in the documentation of the or#er as may be supported by receipts. (Sec. -ule 9:$ Boo#

99$ OE% -ules and -e!ulations)

(c) rohibition on 3har!in! of Other ,ees. No other fees or char!es shall be imposed a!ainst any or#er. (Sec. F -ule 9:$ Boo# 99$OE% -ules and -e!ulations)

(d) rocessin! ,ees and 4elfare ,und 3ontribution. 3ontract processin! fees and the 4elfare ,und contributions shall in no case be

char!ed to the or#er. 7oever$ this shall not apply in the case of Seafarers5 4elfare ,und hich is contributory in nature.

SECTION 2".-ecruitment %dvertisement.

(a) No advertisement for overseas recruitment includin! trainin! or revie activities for overseas employment shall be placed in

any nespaper by a private employment a!ency ithout prior authori'ation by the Bureau. Such advertisement shall contain the

folloin! information$ amon! others

(;) /he number and nature of obs available$ includin! a!e and benefit schedule8

(C) % brief description of the s#ills needed8

() /he name$ nationality and address of the employer8 and

(F) /he name$ address and license number of the a!ency.

(b) No press notice or announcement re!ardin! the availability of overseas obs shall be released by the a!ency prior to the

accreditation of one principal. (%s amended by Sec. C -ule 99 Boo# 999$ OE% -ules and -e!ulations)

SECTION 25. (a)-ecruitment from the %dministration5s 1anpoer -e!istry. %!encies or entities may recruit or#ers for their

accredited principals or proects from the manpoer re!istry of the %dministration in accordance ith the !uidelines set by it. (Sec.

;$ -ule 99 Boo# 999$ OE% -ules and -e!ulations)

(b) %dvertisement for 1anpoer oolin! By %!encies or Entities. %!encies or entities desirin! to !enerate +ualified applicants for

prospective principal or proect may advertise in accordance ith the format prescribed by the %dministration. Such underta#in!s

shall not involve payment of any fee by applicants. (Sec. $ -ule 99 Boo# 999$ OE% -ules and -e!ulations)
http://www.chanrobles.com/poearulesgoverningoverseasemployment.htmhttp://www.chanrobles.com/poearulesgoverningoverseasemployment.htm


15/35

(c) ress -eleases on -ecruitment. ,or purposes of these rules$ press releases on ne!otiations ith principals or contractin! partners

and2or involvin! overseas ob openin!s shall be considered as advertisements. (Sec. F$ -ule 99 Boo# 999$ OE% -ules and

-e!ulations)

(d) Sanctions. ,alse and deceptive advertisements published by a!encies or entities includin! those published not in accordance

ith the prescribed format shall be valid !round for suspension or cancellation of license or authority. (Sec. $ -ule 9$ Boo# 999$

OE% -ules and -e!ulations)

SECTION 2#.%pplication for license for local recruitment and placement.

(a) Every applicant for license to operate a private employment a!ency for local recruitment and placement shall submit the

folloin! documents in support of the application8

(;) % certified copy of the %rticles of 9ncorporation in the case of a corporation or the re!istration ith the Bureau of Domestic

/rade in the case of a sin!le proprietorship or partnership8 and

(C) 3learance from the hilippine 3onstabulary and the Bureau of 9nternal -evenue for all the incorporators$ partners or sin!le

proprietor.

() &ist of officers2personnel and correspondin! biodata.

(b) %n a!ency licensed to recruit and place or#ers overseas need not apply for a separate license to en!a!e in domestic

recruitment and placement.

SECTION 2$.%ction on application. 4ithin thirty () days from receipt of the application for license$ the Bureau Director shall

either deny or approve the same. /he denial by the Bureau Director may be appealed by the applicant to the Secretary ithin ten

(;) days from the receipt of the notice of denial.

SECTION 2%.Notice of approval or denial. /he Bureau shall immediately transmit the notice of denial or approval of the

application to the applicant.

SECTION 2&. ,ees and bonds. *pon approval of the application$ the applicant shall pay to the Department a license fee of

;$. and post cash and surety bonds of ?$. and C?$.$ respectively.

/he bonds shall !uarantee compliance ith the provisions of the 3ode$ its implementin! rules and the terms and conditions of the

employment contracts.

SECTION /.9ssuance of &icense. *pon payment of the license fee and the postin! of the appropriate bonds$ the Bureau

Director shall issue the correspondin! license to the applicant.

SECTION 1.Duration of license. /he license shall be valid for one year from the date of approval unless sooner cancelled$

revo#ed or suspended by the Bureau Director for violation of any of the conditions prescribed in the license or applicable

provisions of the 3ode or these -ules.

SECTION 2.Nontransferability of license. No license shall be transferred$ conveyed or assi!ned to any other person or entity$

or used in any place other than that stated in the license. %ny transfer of business address$ appointment$ or desi!nation of any a!ent

or representatives$ includin! the establishment of additional offices elsehere shall be subect to the prior approval of the Bureau.


16/35

SECTION . -e!istration of local private recruitment entities. Educational institutions and civic or!ani'ations settin! up

placement offices to service their students or members shall re!ister their operations ith the nearest public employment office or

the Bureau under such !uidelines as may be prescribed by the Secretary. Such entities shall coordinate their recruitment activities

ith the public employment offices in the area here they operate.

SECTION !.%lloable fees. %n employment a!ency hich recruits a domestic or#er for an employer may char!e the latter a

service fee to be determined by the Bureau hich shall cover the maintenance of the recruit includin! board and lod!in! prior to

placement. /he transportation fare of the recruit from place of or# may be char!ed a!ainst the latter.

Every payment shall be covered by an appropriate receipt indicatin! the amount paid and purpose of such payment.

SECTION ".-eplacement ithout costs. %n employer shall be entitled to a replacement ithout additional char!es ithin one

(;) month from the date of en!a!ement of the first recruit on any of the folloin! !rounds

(a) /he recruit is found to be sufferin! from an incurable or conta!ious disease8

(b) /he recruit is physically or mentally incapable of dischar!in! the minimum normal re+uirements of the ob8

(c) /he recruit abandons the ob$ voluntarily resi!ns$ commits theft or any other act preudicial to the employer or to any immediate

members of his family8 and

(d) Other !rounds analo!ous to the fore!oin!.

SE3/9ON =. %c#noled!ment of contracts. Every recruitment contract shall be ac#noled!ed before the appropriate -e!ional

Director or his duly authori'ed representative$ or in his absence$ before the municipal mayor$ ud!e$ notaries public or any person

authori'ed by la to administer oath of the place here the recruit resides. 9f the recruit is a minor$ the consent of the parent or

!uardian$ similarly ac#noled!ed$ shall be attached to the contract.


17/35

RULE +I

C)n'ell)tion or S(spension of Li'ense

SECTION 1.Scope of %pplication. /hese -ules shall apply to all persons$ a!encies or entities duly licensed or authori'ed to

recruit and deploy ,ilipino or#ers for overseas employment. (Sec. ;$ -ule :9 Boo# 9$ OE% -ules and -e!ulations)

SECTION 2. 6rounds for Suspension$ 3ancellation or -evocation. % license or authority shall be cancelled$ suspended or

revo#ed on any of the folloin! !rounds$ amon! others

a. 9mposin! or acceptin! directly or indirectly any amount of money$ !oods or services$ or any fee or bond in e0cess of hat is

prescribed by the %dministration8

b. En!a!in! in act(s) of misrepresentation$ such as publication or advertisement of false or deceptive notices or information in

relation to the recruitment and placement of or#ers8

c. En!a!in! in act(s) of misrepresentation$ such as !ivin! false statements$ false testimonies or falsified documents8

d. 9nducin! or attemptin! to induce an already employed or#er to transfer from or leave his employment to another unless suchtransfer is advanta!eous or beneficial to the or#er8

e. 9nfluencin! or attemptin! to influence any person or entity to prevent employment of any or#er8

f. En!a!in! in the recruitment and placement of or#ers in obs harmful to public health or morality or to the di!nity of the

-epublic of the hilippines8

!. Obstructin! or attemptin! to obstruct inspection by the Secretary$ the %dministrator or by their duly authori'ed representatives8

h. Substitutin! or alterin! employment contracts and other documents approved and verified by the %dministration from the time

of actual si!nin! thereof by the parties up to and includin! the period of e0piration of the same ithout the %dministration5s

approval8

i. ,ailure to file report on the remittance of forei!n e0chan!e earnin!s and such matters as may be re+uired by the %dministration8

. 4here the oner$ partner or maority stoc#holder$ licensee or holder of authority$ or principal officers become officer or member

of the Board of any corporation or partnership en!a!ed in travel or en!a!ed directly or indirectly in the mana!ement of a travel

a!ency8

#. 4ithholdin! or denyin! travel and other documents from or#ers for monetary considerations or reasons other than those

authori'ed under the &abor 3ode and its implementin! -ules and -e!ulations8

l. En!a!in! in recruitment activities in places other than specified in the license or authority ithout previous authori'ation from

the %dministration8

m. %ppointin! or desi!natin! a!ents or representatives ithout prior approval of the %dministration8

n. ,alsifyin! or alterin! or#ers5 employment contracts or travel documents8

o. Deployin! or#ers or seamen to vessels or principals not accredited by the %dministrator8


18/35

p. Deployin! or#ers hose employment and travel documents ere not processed by the %dministration8

+. ublishin! or causin! the publication of overseas ob vacancies in violation of the prescribed rules8

r. ,ailure to deploy or#ers ithout valid reasons ithin the prescribed period as provided under Section ?$ -ule 999$ Boo# 999

hereof8

s. ,ailure to pay or replenish cash bond and rene surety bond8

t. Disre!ard of laful orders$ summons$ etc8

u. 4ithholdin! of or#ers5 salaries or remittances ithout ustifiable reasons8

v. 3oercin! or#ers overseas to accept preudicial arran!ements in e0chan!e of certain benefits that ri!htfully belon! to the or#er8

and

. :iolation of other pertinent provisions of the &abor 3ode and other relevant las$ rules and re!ulations. (Sec. C$ -ule Sec. F$ -ule

99 Boo# 999$ OE% -ules and -e!ulations)9 Boo# 99$ OE% -ules and -e!ulations)

SECTION .3omplaints a!ainst private employment a!ency. %ny complaint or report a!ainst private employment a!ency shall

be filed ith the Bureau. 9f the complainant or report shos any violation of the conditions of the license or the pertinent provisions

of the 3ode or of these rules$ the Bureau shall immediately conduct an investi!ation and re+uire the private employment a!ency

concerned to submit its comments or e0planation ithin five (?) or#in! days upon receipt of the copy of order2notice of the

Bureau. ( %mended by Sec. $ -ule :9 Boo# 99$ OE% -ules and -e!ulations)

(a) 3ontents of the 3omplaint. /he complaint shall state the name and address of the complainant as ell as that of the respondent$

the specific offense or omission$ the date hen the offense as committed$ and the relief(s) sou!ht. (Sec. F$ -ule :9 Boo# 9$ OE%

-ules and -e!ulations)

(b) %ction on the 3omplaint. *pon receipt of the complaint$ the %dministration shall furnish the respondent ith a copy of the

complaint and its supportin! documents$ if any$ and re+uire him to file his anser ithin ten (;) or#in! days from receipt

thereof.

/he respondent5s anser should be filed ith the &icensin! and -e!ulation Office ithin the re!lementary period$ attachin!

thereto proof of service of a copy thereof to the complainant.

4ithin five (?) days from receipt of the last responsive pleadin!$ the 7earin! Officer$ shall schedule the hearin! of the case if he

finds from the submitted pleadin!s that there is a prima facie case of violation of the rules. Should there be a findin! to the contrary$

a minute resolution2summary ud!ment can be rendered motu proprio. (%mended by Sec. ?$ -ule :9 Boo# 99$ OE% -ules and-e!ulations)

(c) ,ailure to %nser2%ppear Durin! 7earin!. ,ailure of the respondent to file an anser ithin the period prescribed or appear

durin! the hearin!$ as the case may be$ shall render the respondent in default and hearin! or investi!ation may proceed e0 parte.

Decision2resolution of the case shall be based on the evidence presented by the complainant. ( %mended by Sec. =$ -ule :9 Boo# 99$



19/35

SECTION !.Suspension of license pendin! investi!ation. (a) endin! investi!ation of the complaint or report$ the Secretary may

suspend the license of the private employment a!ency concerned upon recommendation of the Bureau on any of the folloin!

!rounds

(;) ,ailure on the part of the a!ency to submit its comments or e0planation ithin five (?) days8

(C) /here is a stron! prima facie case for violation of the &abor 3ode as amended$ its implementin! -ules and -e!ulations and the

Bureau5s policies$ memoranda and circulars8 or

() /here e0ists reasonable !round shoin! that the continued operations of the a!ency ill lead to further violation of the

conditions of the license or the e0ploitation of the or#ers bein! recruited$ or imperil friendly relations ith any country or

otherise preudice national interest or security.

(b) Similar action may be ta#en by the Bureau Director in the case of private a!encies licensed for domestic recruitment and

placement.

SECTION ".3onduct of investi!ation. /he Bureau shall summon the oner or official of the private employment a!ency and

other parties concerned if any$ receive such evidence as may be relevant and necessary$ and otherise ta#e such other actions asmay be arranted to inform itself of true facts and circumstances of the case. /he investi!ation shall be terminated not later than

thirty () or#in! days from the first hearin!. /he Bureau shall submit its findin!s and recommendations to the Department of

&abor and Employment ithin fifteen (;?) days from the termination of the investi!ation. (%mended by Sec. >$ -ule :9 Boo# 99$


SECTION #.Duration of Suspension. /he order of suspension may carry ith it the period of effectivity hich shall be in

accordance ith the scale of penalties hich the %dministration may promul!ate. (Sec. ;;$ -ule :9 Boo# 99$ OE% -ules and

-e!ulations)

SECTION $.Effects of Settlement. % mutually a!reed settlement of the case or the desistance of the complainant shall not bar the

%dministration from proceedin! ith the investi!ation. /he Secretary or the %dministrator shall act on the case as may be merited

by the results of the investi!ation and impose such penalties on the errin! a!ency or entity as may be deemed appropriate. Such

settlement hen reached to the full satisfaction of the complainant may$ hoever$ miti!ate the liability of the respondent. (Sec. ;C$

-ule :9 Boo# 99$ OE% -ules and -e!ulations)

SECTION %. 9mposition of ,ines. 9n addition to or in lieu of the penalties of suspension or cancellation the Secretary or the

%dministrator may impose fines. (Sec. ;$ -ule :9 Boo# 99$ OE% -ules and -e!ulations)

SECTION &.Suspension of Documentary rocessin!. /he %dministration may order the suspension of the processin! of

documents pertainin! to a respondent a!ency or entity on any of the !rounds under Section C of this -ule or for violation of any

provision of these -ules. (Sec. ;F$ -ule :9 Boo# 99$ OE% -ules and -e!ulations)

SECTION 1/.4ho 1ay 9ssue Orders. Orders of cancellation shall be issued by the Secretary. Orders for suspension of license or

authority or the liftin! thereof shall be issued by the %dministrator$ or in his absence by the %ctin! %dministrator$ in behalf of the

Secretary. %ll other orders or resolutions hich do not involve the suspension$ cancellation or revocation of license or authority

may be issued by the Director$ &-O. (Sec. ;F$ -ule :9 Boo# 99$ OE% -ules and -e!ulations)

SECTION 11.Effect of Order of Suspension of &icense. %n order suspendin! a license or authority shall be immediately

e0ecutory and shall have the effect of suspendin! all activities of the a!ency or entity hich fall under the definitions of recruitment


20/35

and placement. /he %dministration may see# the assistance of other !overnment institutions$ a!encies$ or offices to ensure that

suspension or revocation orders are carried out. (Sec. ;=$ -ule :9 Boo# 99$ OE% -ules and -e!ulations)

SECTION 12.%uthority to %dminister Oath$ 9ssue Subpoena$ Etc. /he %dministrator$ the Director$ &-O and the 7earin!

Officers shall have the authority to administer oath and2or affirmations$ issue subpoena$ ta#e evidence$ compel the attendance of

the parties and2or itnesses and re+uire the production of any boo#$ paper$ correspondence$ memoranda and other records

relevant or material to the case or in+uiry. (Sec. ;>$ -ule :9 Boo# 99$ OE% -ules and -e!ulations)

SECTION 1.1otion for -econsideration or %ppeal. % motion for the reconsideration of an order of suspension or an appeal to

the Secretary from an order cancellin! a license or authority may be entertained only hen filed ith the &-O ithin ten (;)

or#in! days from service of the order or decision.

/he filin! of a motion for reconsideration or appeal shall not automatically stay the e0ecution of the order. /he Secretary or the

%dministrator may order the stay of e0ecution and re+uire the postin! of supersedeas bond. (Sec. ;G$ -ule :9 Boo# 99$ OE% -ules

and -e!ulations)

SECTION 1!.%ction by the Secretary or Bureau Director. (a) 4here the case arises from overseas recruitment and placement

activities$ the Bureau shall submit its findin!s and recommendations to the Secretary ithin fifteen (;?) days from the terminationof the investi!ation$ on the basis of hich the Secretary may lift the suspension of the license or maintain the same until the

violation are corrected$ or cancel the license. (-epealed by OE% -ules and -e!ulations)

(b) 4here the case involves domestic recruitment and placement activities$ the Bureau Director may ta#e similar action as provided

for in para!raph (a) hereof. 7is decision may be appealed to the Secretary by an a!!rieved party ithin ten (;) days from receipt

of decision.

(c) /he decision of the Secretary in both cases shall be final and unappealable.

(d) 4here the decision of the Secretary is to suspend the license2authority$ the duration of said suspension shall not be less than

si0ty (=) days$ unless sooner lifted by him.

SECTION 1".9nspection and enforcement. (a) /he Bureau shall establish an inspectorate system to ensure effective supervision

of the activities of all license and authority holders as ell as of aliens employed in the hilippines and the implementation of the

understudy trainin! pro!ram of the employers of such aliens.

(b) /he Bureau Director or his duly authori'ed representative may$ durin! re!ular office hours$ inspect the premises$ boo#s and

records of license and authority holders and of establishments employin! aliens to determine compliance ith the 3ode and of

these -ules. (%mended by Sec. $ -ule 999 Boo# 99$ OE% -ules and -e!ulations)

SECTION 1#.9nspection Before &icensin!. Before issuance or reneal of license or authority the %dministration shall conduct an

inspection of the premises and pertinent documents of the applicant. (Sec. ;$ -ule 999$ Boo# 99$ OE% -ules and -e!ulations)

SECTION 1$.9nspection of %!encies and Entities. %ll %!encies and entities shall be subect to periodic inspection by the

%dministration to determine compliance ith e0istin! rules and re!ulations. 9nspection shall li#eise be conducted by the

%dministration in case of transfer of office or establishment of a branch office or upon complaint or report of violations of e0istin!

rules and re!ulations. (Sec. C$ -ule 999$ Boo# 99$ OE% -ules and -e!ulations)


21/35

SECTION 1%. Subect of 9nspection. Dependin! on the purpose of inspection$ the authori'ed representative(s) of the

%dministration shall re+uire the presentation of and e0amine the necessary documents$ records and premises of an a!ency or

entity. (Sec. F$ -ule 999$ Boo# 99$ OE% -ules and -e!ulations)

SECTION 1&.9nspection rocedures.

a) 9nspection shall be conducted by a team of at least to duly authori'ed persons durin! office hours$ unless otherise authori'ed

in accordance ith Section of this -ules8

b) 9nspection shall be conducted in the presence of the 1ana!er of the office or any office personnel8

c) 9nspection reports shall be submitted to the %dministrator or the Director$ &-O$ ithin CF hours after the inspection. (Sec. ?$ -ule

999$ Boo# 99$ OE% -ules and -e!ulations)

SECTION 2/.:iolations ,ound in the 3ourse of 9nspection. :iolations found in the course of inspection such as noncompliance

ith the %dministration5s rules$ issuances$ directives$ etc. may be !rounds for the imposition of appropriate sanctions or for the

denial of application for reneal of license. (Sec. =$ -ule 999$ Boo# 99$ OE% -ules and -e!ulations)

SECTION 21.9ssuance of olicy 6uidelines on 9nspection. /he Director$ &-O$ shall issue appropriate !uidelines hich shall

ensure an effective and comprehensive system of inspection. (Sec. >$ -ule 999$ Boo# 99$ OE% -ules and -e!ulations)

SECTION 22. 6uidelines on functions and responsibilities. 3onsistent ith these rules and re!ulations and appropriate

instructions of the Secretary$ the Bureau shall issue !uidelines !overnin! its functions and responsibilities.


22/35

RULE +II

T0e O,erse)s Constr('tion In*(stry )n* t0e Corpor)te Eport Pror)m

SECTION 1.-e!istration of ,ilipino 3onstruction 3ontractors. Subect to !uidelines issued ointly by the Secretary and the

3onstruction 9ndustry %uthority of the hilippines$ construction contractors shall be issued authority to operate as private

recruitment entities.

SECTION 2.3orporate E0port ro!ram. /he Bureau$ in coordination ith other relevant a!encies and entities shall develop

pro!rams for the hirin! of or#ers in or!ani'ed or corporate !roups.

RULE +III

Pri,)te Re'r(itment Entities

SECTION 1.Aualifications of applicants. %ll applicants for authority to operate private recruitment entities for overseas or#

other than construction contractors shall possess the folloin! +ualifications

(a) 3iti'enship re+uirement as provided for in -ule 9: of these -ules8

(b) %ppropriate capitali'ation as follos

;. % minimum netorth of $ in the case of sin!le proprietorship8 and a paidup capital or netorth of $ in the case of

a corporation or partnership$ as the case may be.

SECTION 2. %pplication for authority for overseas private recruitment. Every applicant for authority to operate a private

recruitment entity shall submit the folloin! documents in support of the application

(a) % certified copy of the %rticles of 9ncorporation in the case of a corporation$ or the re!istration ith the Bureau of Domestic

/rade in the case of a sin!le proprietorship or partnership8

(b) 9f the applicant is a corporation$ proof of financial capacity of the maor stoc#holders such as sorn statements of assets and

liabilities and verified income ta0 returns for the last to years8

(c) 9f the applicant is a sin!le proprietorship or a partnership$ proof of financial capacity of proprietor or partners such as sorn

statements of assets and liabilities and verified income ta0 returns for the last to years8

(d) 3learance from the hilippine 3onstabulary and the Bureau of 9nternal -evenue for all the incorporators$ partners or sin!le

proprietor8

(e) % verified statement that the applicant has in its employ persons ith ade+uate competence to evaluate and test recruits and to

consider them for employment strictly on the basis of merit and fitness$ ithout any undue discrimination and in accordance ith

the +ualifications prescribed by the employers8

(f) % verified underta#in! to assume all responsibilities for the proper use of its authority and the implementation of the contract of

employment ith the or#ers8 and

(!) Such other re+uirements that the Secretary may re+uire upon recommendation of the Director.


23/35

SECTION .%ction on application. 4ithin thirty () days from the receipt of the application for authority$ the Bureau shall


Secretary may either deny or approve the application.

SECTION !.,ees and bonds. *pon approval of the application$ the applicant shall pay to the Department a re!istration fee of

C$.$ and post a performance bond of C$. from an accredited bondin! company to anser for valid and le!al claims

arisin! from violations of the conditions of the authority of the contracts of employment and !uarantee compliance ith the

provisions of the 3ode$ its implementin! rules and appropriate issuances of the Department.

SECTION ".%ction on application. 4ithin thirty () days from the receipt of the application for authority$ the Bureau shall


Secretary may either deny or approve the application.

SECTION #.9ssuance of authority. *pon payment of the re!istration fee and the postin! of the appropriate bonds the Secretary

shall issue the correspondin! authority to the applicant.

SECTION $.Duration2reneal and nontransferability of %uthority. (a) Every authority shall be valid for one year from the

date of approval$ unless sooner cancelled$ revo#ed or suspended by the Secretary for violations of any of the conditions of theauthority or any applicable provisions of the 3ode or these -ules.

(b) No authority shall be transferred$ conveyed or assi!ned to any other person or entity or used in any place other than that stated

in the authority. %ny transfer of business address$ appointment or desi!nation of any a!ency or representative$ includin! the

establishment of additional offices elsehere$ shall be subect to the prior approval of the Bureau.

(c) /he Secretary shall issue appropriate !uidelines on the reneal of authority in accordance ith the applicable provisions of

these -ules and hich may be similar to those provided for licensed holders.

SECTION %.-ecruitment$ hirin! and employment of or#ers. Every private recruitment entity shall recruit$ hire and employ

or#ers for overseas ob in accordance ith the applicable provisions of these -ules. %ll applications for passport or travel of

recruited and hired or#ers shall be properly endorsed by the Bureau.

SECTION &.%lloable fees and char!es. (a) % private recruitment entity shall char!e a minimum mobili'ation fee to cover costs

of recruitment$ processin! and documentation in accordance ith a schedule approved by the Secretary in addition to service

char!es it may ne!otiate ith its principal.

(b) Subect to approval by the Secretary the recruited or#ers may be re+uired to post a bond to !uarantee compliance ith the

employment contract.


24/35

RULE I

O,erse)s Employment De,elopment Bo)r*

34olis0e* 4y EO $&$5

SECTION 1.3overa!e. /his -ule shall cover the functions and responsibilities of the OEDB. 9t shall apply to employers hirin!

throu!h the OEDB and to or#ers processed and placed by said a!ency.

SECTION 2.-ole of the OEDB. /he OEDB shall be the !overnment placement a!ency for overseas employment. 9n cooperation

ith other relevant a!encies and entities$ it shall also be responsible for developin! employment and a!e standards and such

support services as may be necessary for the !overnment5s overseas employment pro!ram. (1odified by Sec. ;$ -ule 99$ B#. 9:


SECTION . Employment development. /he promotion and development of employment opportunities abroad shall be

underta#en by the OEDB$ in cooperation ith relevant !overnment a!encies and entities$ throu!h or!ani'ed and systematic

activities and services hich shall include amon! others$ the folloin!

(a) % comprehensive manpoer mar#etin! strate!y and to dispatch OEDB development officers abroad for this purpose8

(b) Develop and promote pro!rams or arran!ements that ould encoura!e the hirin! of ,ilipinos in or!ani'ed or corporate !roups8

(c) Scout for labor mar#et for uns#illed or#ers$ amon! others8 and

(d) romote ,ilipino manpoer throu!h advertisin! in appropriate media overseas. (1odified by Sec. ;$ -ule 9$ B#. 9: OE% -ules

and -e!ulations)

SECTION !.-ecruitment and placement. a) /he OEDB shall recruit and place or#ers primarily on !overnmentto!overnment

arran!ements$ and shall therefore service the hirin! of forei!n !overnments and their instrumentalities and$ in addition

(;) -ecruit and place or#ers of particular s#ills cate!ories as may be directed by the Secretary8

(C) %dminister employment pro!rams or proects as may be directed by the Secretary8 and

() 9n cooperation ith the -e!ional Offices of the Department$ underta#e or!ani'ed recruitment activities in the provinces in aid of

the employment dispersal policy of the Department.

b) /he employer shall enter into a bilateral recruitment a!reement ith the OEDB. /he employer shall directly assist the OEDB in

selectin! appropriate or#ers from its manpoer pool.

c) /he OEDB shall ensure that the or#er throu!h appropriate underta#in!s complies ith his obli!ations arisin! from theemployment contract.

SECTION ".Documents re+uirements. %n employer hirin! throu!h the OEDB shall submit the folloin! documents

a) %uthority from the !overnment of the employer to hire ,ilipino or#ers8

b) 4or# permit or visa assurance of or#ers8 and


25/35

c) -ecruitment Order hich shall state the number and cate!ories of or#ers needed$ compensation benefits$ +ualification

!uidelines$ testin! procedures and a model employment contract. (1odified by Sec. C$ -ule 99$ OE% -ules and -e!ulations)

SECTION #.,ormali'ation of a -ecruitment %!reement. Employers hirin! throu!h the %dministration shall be re+uired to

formali'e a -ecruitment %!reement hich shall be in accordance ith e0istin! bilateral labor a!reements$ if any. /he -ecruitment

%!reement shall$ amon! others$ contain the folloin! provisions

a. -esponsibilities of the parties to the a!reement8

b. Selection and documentation procedures8

c. ,ee schedules and terms of payment8

d. 1anner and facilities for remittance of or#ers5 salary8

e. 6rievance 1achinery for or#ers8 and

f. :alidity and revocation of the a!reement.

/he standards and re+uirements set by the %dministration for the recruitment and placement of or#ers overseas shall apply to

hirin! thru the %dministration. (Sec. $ -ule 99$ B#. 9: OE% -ules and -e!ulations)

SECTION $. -ecruitment and lacement rocedures. a) 9ntervie and Selection %n employer hirin! throu!h the

%dministration shall select his or#ers from the manpoer pool developed and maintained by the %dministration8

b) 1edical E0amination. Selected or#ers shall under!o and pass a standard preemployment medical e0amination conducted

by a duly accredited medical retainer of the %dministration8

c) /ic#etin! and ,li!ht %rran!ements. /he employer shall assume the full cost of or#ers5 transportation to and from the place

of or#$ ,or this purpose$ the %dministration shall handle the fli!ht arran!ements and2or tic#etin! of or#ers hired. Should the

employer decide to handle its on tic#etin!$ he shall be re+uired to course prepaid tic#ets throu!h the %dministration for

appropriate fli!ht boo#in!.

d) Orientation. Before the or#site$ hired or#ers shall under!o the re+uired reDeparture Orientation Seminar (DOS). (Sec.

F$ -ule 99$ B#. 9: OE% -ules and -e!ulations)

SECTION %.Documentation of 4or#ers. a) 3ontract rocessin! 4or#ers hired throu!h the %dministration shall be issued

the folloin! documents

(;) 9ndividual Employment 3ontract duly si!ned by the employer or the proper administration official here appropriate8

(C) /ravel E0it ass8

() Endorsement letter to /%$ and

(F) Such other documents as may be necessary for travel.


26/35

b) assport Documentation. /he %dministration may secure directly the selected or#er5s passport from the Department of

,orei!n %ffairs. %ll transmittals and endorsements for passport issuance shall be underta#en directly by the %dministration.

c) :isa %rran!ements. /he %dministration may assist employers and selected or#ers secure their visas from the appropriate

Embassy. :isa forms may be accomplished by the or#er at the %dministration. /he accomplished visa forms to!ether ith the

passport shall be endorsed by the %dministration directly to the Embassy.

SECTION &.4or#ers protection. /he OEDB shall protect and enhance the interest$ ellbein! and elfare of or#ers and$ for

this purpose$ it shall underta#e

a) /o establish a!e and compensation standards$ employments and conditions$ by re!ion or by country$ hich shall be prescribed

by the Secretary8

b) /o provide facilities for s#ills development and testin!$ preemployment medical e0amination$ predeparture or#2or lan!ua!e

orientation$ forei!n e0chan!e remittance assistance$ reentry and reemployment assistance$ accident insurance$ amon! others$ and

c) /o implement a !rievance procedure in accordance ith the provisions of this /itle and the development obectives of the OEDB.

SECTION 1/.Dispute settlement. /he folloin! shall be adhered to in handlin! employeeemployer disputes

a) 9n the event of a dispute beteen employee and employer$ the complainant and2or respondent shall submit such dispute to the

OEDB for conciliation or mediation. 9f the dispute is not settled at this sta!e$ the OEDB shall certify the case to the Secretary for final

decision.

b) /he OEDB$ under appropriate circumstances$ may suspend$ prohibit or prevent an employer from further recruitment activities

in the country. /he OEDB also under appropriate circumstances$ may suspend$ prohibit or prevent or#ers from bein! placed

overseas.

c) 4henever circumstances arrant$ the OEDB may dispatch an officer to the or#site to conciliate or mediate employeeemployer

disputes$ in coordination ith other appropriate !overnment a!encies.

SECTION 11.4elfare Services. /he OEDB shall establish and support a Secretariat for the 4elfare ,und for Overseas 4or#ers

(4elfund) in accordance ith . D. ;F;C and . D. ;=H;. *pon the operationali'ation of the 4elfare ,und under . D. ;=HF$ the

functions and responsibilities of such Secretariat shall be assumed by the 4elfund.

SECTION 12.,orei!n e0chan!e. /he OEDB shall develop and monitor the compliance ith the forei!n e0chan!e remittance

re+uirements under this /itle by employers and or#ers. 9t shall establish an office in the OEDB for this purpose in coordination

ith relevant !overnment a!encies.

SECTION 1.%u0iliary services. /he OEDB may$ upon approval of its Board$ initiate$ or!ani'e$ and establish au0iliary services

in support of the overseas employment development pro!ram.

SECTION 1!.Overseas information system. /he OEDB shall$ in coordination ith relevant a!encies$ establish a system of

!atherin!$ collatin!$ evaluatin! and disseminatin! data and information concernin! the Department5s overseas employment

pro!ram.


27/35

SECTION 1".,ees and other char!es. /he OEDB shall collect reasonable administrative or service fees from employers. 9t shall

not collect service fee from or#ers.

SECTION 1#.%uthority to issue rules. /he OEDB shall issue rules and re!ulations$ instructions or orders !overnin! its functions

and responsibilities.


28/35

RULE

N)tion)l Se)men Bo)r*

SECTION 1.-ecruitment and placement of seamen. ,orei!n shippin! companies and domestic shippin! companies onin! or

operatin! vessels en!a!ed in overseas shippin! shall hire ,ilipino seamen throu!h the National Seamen Board. ,or this purpose$

the Board shall maintain a complete re!istry of seamen indicatin! their cate!ories or ratin!s and such other +ualifications as may be

appropriate.

SECTION 2.-e+uirements for hirin! throu!h a!ents or representatives. ,orei!n shippin! companies may hire throu!h duly

authori'ed shippin! or mannin! a!ents if the latter comply ith the folloin! re+uirements

(a) -e!istration ith the Securities and E0chan!e 3ommission or the Bureau of Domestic /rade$ as the case may be8

(b) Submission to the Board of a special poer of attorney from their forei!n principals hich shall include the poer to sue and be

sued in their behalf8

(c) Submission to the Board for approval of the employment contracts$ salary scales and other documents the Board may re+uire8

(d) Submission to the Board of their a!ency or mannin! contracts ith their forei!n principals8 and

(e) Other re+uirements the Board may impose.

SECTION .oer to modify and revise hirin! procedures. /he Board may amend$ alter or modify the manner and2or

procedure of recruitment$ hirin! and placement of seamen to ma#e them more responsive to the demands for ,ilipino seamen.

SECTION !.-e!istration of Seamen. %ll seamen applicants should re!ister ith the Board hen applyin! ith an authori'ed

shippin! or mannin! a!ent for employment on board a forei!n!oin! vessel.

SECTION ".Aualifications for re!istration. /o +ualify for re!istration$ an applicant must

(a) Be a ,ilipino citi'en8

(b) Be at least ;G years of a!e8

(c) Be physically and mentally fit for employment as a seaman8 and

(d) 7ave ade+uate trainin! or e0perience for employment as seaman.

SECTION #.Supportin! documents. /he applicant shall also submit the folloin! documents to complete his re!istration

(a) rofessional license8

(b) Diploma or certification of educational and other trainin!8

(c) Seaman 3ontinuous Dischar!e Boo#8

(d) 3ertificate of employment and2or service record8 and


29/35

(e) Other documents the Board may re+uire.

SECTION $.oer to hear and decide cases. /he Board shall have ori!inal and e0clusive urisdiction over disputes arisin! out

of or in connection ith$ the employment of all ,ilipino seamen on board vessels en!a!ed in overseas trade. 9ts decision in such

cases shall be appealable by any a!!rieved party to the National &abor -elations 3ommission ithin the same period and upon the

same !rounds provided in %rticle CC of the 3ode.

SECTION %.1odel contract of employment. /he Board shall adopt a standard format of service a!reement in accordance ith

pertinent labor and special le!islations and the prevailin! standards set by applicable 9nternational &abor Or!ani'ation

3onventions. /he standard format shall set the minimum standards of the terms and conditions to !overn the employment of

,ilipino seafarers$ but in no case shall a shipboard employment contract be alloed here the same provides for benefits less than

those enumerated in the model employment contract$ or in any ay conflict ith any other provision embodied in the standard

format.

SECTION &.Sanctions. /he Board may ban$ prohibit or prevent forei!n shippin! companies$ their a!ents or representatives from

hirin! ,ilipino seamen if they are shon to have repeatedly or !rossly violated pertinent provisions of the 3ode$ these rules and

re!ulations and issuances of the Department of &abor and Employment$ the Board and the 3entral Ban# of the hilippines.

SECTION 1/.No service char!e. No fees shall be char!ed from the seamen for services in connection ith their recruitment and

placement. %ll e0penses for hirin! seamen shall be shouldered by forei!n shippin! principals.

SECTION 11.,ees from employers. /he Board shall collect from shippin! companies fees to cover reasonable e0penses of

recruitment and placement of seamen hired throu!h the Board.

SECTION 12.Board to issue rules and re!ulations. /he Board shall issue rules and re!ulations !overnin! its functions and

responsibilities.


30/35

RULE I

Disp(tes In,ol,in L)n*-B)se* O,erse)s Contr)'t 6or7ers

SECTION 1.Scope. /his -ule shall !overn the adudication of complaints for violations of contracts or employeremployee

relations dispute arisin! from the recruitment$ placement and employment of landbased overseas contract or#ers$ e0cept cases

involvin! or#ers recruited throu!h the OEDB.

SECTION 2.


31/35

RULE II

Ille)l Re'r(itment

SECTION 1.Basis for recommendin! arrest and detention. /he Secretary may recommend to the appropriate authority the arrest

and detention of any person for ille!al recruitment if he is satisfied from the preliminary e0amination conducted by him or by his

duly authori'ed representative that the act constitutin! ille!al recruitment has been committed and that the particular person has

committed it.

SECTION 2.reliminary e0amination. reliminary e0amination shall be considered as sufficient basis for recommendin! arrest

and detention if the itness or itnesses have been e0amined personally by the Secretary or his duly authori'ed representative and

the e0amination is reduced to ritin! under oath in the form of searchin! +uestions and ansers.

SECTION .Secretariat on ille!al recruitment. /he Bureau shall serve as the secretariat of the intera!ency 3ouncil on 9lle!al

-ecruitment established under &O9 CF. 9t shall provide the necessary personnel$ facilities and support services to the campai!n

a!ainst ille!al recruitment and shall coordinate activities for the council for such purpose.


32/35

RULE III

8orein E'0)ne Remitt)n'e

SECTION 1.3overa!e. /his -ule shall apply to every contract or#er and seaman recruits. 9t shall also apply to licensed or

authori'ed recruiters and2or their forei!n principals or employers.

SECTION 2.Obli!ation to remit. 9t shall be mandatory for a or#er or seaman to remit re!ularly a portion of his forei!n

e0chan!e earnin!s abroad to his beneficiary$ throu!h the hilippine ban#in! system. /his obli!ation shall be stipulated in the

folloin! documents

a) 3ontract of employment and2or service beteen forei!n based employer and a or#er8

b) %ffidavit of underta#in! hereby a or#er obli!ates himself to remit a portion of his earnin!s to his beneficiaries8 and

c) %pplication for a license or authority to recruit or#ers.

SECTION 2-A.Obli!ation to -eport. %!encies and entities shall submit periodic reports to the 3entral Ban# of the hilippines on

their forei!n e0chan!e earnin!s$ copies of hich shall be furnished by the %dministration.

SECTION .%mount of forei!n e0chan!e remittances. /he amount of forei!n e0chan!e remittance referred to in Section C

hereof$ shall be a minimum of >@ of the overseas or#ers basic salary in forei!n e0chan!e in the case of construction and sea

based or#ers8 and a minimum of ?@ in the case of other or#ers.

SECTION !.,orm of -emittance. -emittance of forei!n e0chan!e may be done individually by a or#er or collectively throu!h

an employer under a payroll deduction scheme$ to be approved by the Bureau$ NSB$ OEDB as appropriate.

SECTION ".rocedure of remittance. (a) /he or#ers$ prior to departure$ shall open a deposit account in favor of his beneficiary

in any hilippine ban#. % forei!n currency account may also be opened by the or#er.

/he applicant shall inform the Bureau$ the OEDB or NSB$ as the case may be his deposit account number.

(b) 9n the case of seamen$ construction or#ers and other or!ani'ed or# cres involvin! at least tentyfive (C?) or#ers$ the

forei!n currency2peso account shall be opened by the employer ith any hilippine ban# upon the si!nin! of the employment

contract. /he account shall be accompanied by a coverin! letter of nomination of beneficiaries and the date of payment of the

allotment to the beneficiary as may be stipulated by the employee and the licensed a!ency$ mannin! a!ent or construction

contractor.

(c) %t the end of every period as may be stipulated in the notice as payment$ the licensed a!ency$ construction contractor or

mannin! a!ent shall prepare a payroll sheet indicatin! the names of or#ers covered by the scheme$ their beneficiaries$ theirindividual ban# account numbers$ the amount of forei!n currency remitted and the peso e+uivalent thereof. /his payroll sheet$

to!ether ith the peso chec# representin! the remittances$ shall be forarded to the ban# concerned ith instruction to credit the

account of the or#er or beneficiaries. % copy of the payroll sheet shall be furnished to the Bureau$ OEDB or NSB as the case may

be$ on a monthly basis.

SECTION #.ermanent Secretariat. % permanent intera!ency Secretariat in the Department of &abor and Employment to direct

and monitor implementation of this -ule is hereby established. 9t shall have the poer and duty to


33/35

(a) %vail itself of the assistance of the a!encies represented in the ,orei!n E0chan!e -emittance 3ommittee created under &etter of

9nstruction No. H to enable it to effectively carry out its duties.

(b) %ssist the committee in carryin! out a continuin! informational and educational campai!n to promote forei!n e0chan!e

remittance by or#ers.

(c) Establish and maintain an information monitorin! system to determine periodically the status of remittances$ particularly the

number of remitters$ amount and nature of remittances$ amounts actually received by the beneficiaries$ etc.

SECTION $.-esponsibility of employer or his representative. /he employer or his representative shall underta#e the proper

implementation of this -ule by providin! facilities to effect the remittances and monitorin! of forei!n e0chan!e earnin!s. ,ailure to

do so shall be subect to appropriate sanctions specified in the 3ode and 3entral Ban# re!ulations.

SECTION %.,ailure or refusal to remit and traffic#in! in forei!n currency. % or#er ho illfully fails or refuses to remit the

assi!ned portion of his forei!n e0chan!e earnin!s or is found to be en!a!ed or is en!a!in! in the ille!al traffic or blac#mar#et of

forei!n e0chan!e shall be liable under this 3ode and e0istin! 3entral Ban# rules.


34/35

RULE I+

Employment of liens

SECTION 1.3overa!e. /his -ule shall apply to all aliens employed or see#in! employment in the hilippines$ and their present

or prospective employers.

SECTION 2.Submission of list. %ll employers employin! forei!n nationals$ hether resident or nonresident shall submit a list

of such nationals to the Bureau indicatin! their names$ citi'enship$ forei!n and local addresses8 nature of employment and status of

stay in the hilippines.

SECTION .-e!istration of resident aliens. %ll employed resident aliens shall re!ister ith the Bureau under such !uidelines as

may be issued by it.

SECTION !.Employment permit re+uired for entry. No alien see#in! employment$ hether on resident or nonresident status$

may enter the hilippines ithout first securin! an employment permit from the Department of &abor and Employment. 9f an alien

enters the country under a nonor#in! visa and ishes to be employed thereafter$ he may only be alloed to be employed upon

presentation of a duly approved employment permit.

SECTION ".-e+uirements for employment permit application. /he application for an employment permit shall be accompanied

by the folloin!

(a) 3urriculum vitae duly si!ned by the applicant indicatin! his educational bac#!round$ his or# e0perience and other data

shoin! that he possesses hi!h technical s#ills in his trade or profession8

(b) 3ontract of employment beteen the employer and the principal hich shall embody the folloin!$ amon! others

(;) /hat the nonresident alien or#er shall comply ith all applicable las and rules and re!ulations of the hilippines8

(C) /hat the nonresident alien or#er and the employer shall bind themselves to train at least to (C) ,ilipino understudies for a

period to be determined by the Secretary of &abor and Employment8 and

() /hat he shall not en!a!e in any !ainful employment other than that for hich he as issued a permit.

(c) % desi!nation by the employer of at least to (C) understudies for every alien or#er. Such understudies must be the most

ran#in! re!ular employees in the section or department for hich the e0patriates are bein! hired to ensure the actual transfer of

technolo!y.

SECTION #.9ssuances of employment permit. /he Secretary of &abor and Employment may issue an employment permit to the

applicant based on

a) 3ompliance by the applicant and his employer ith the re+uirements of Section C hereof8

b) -eport of the Bureau Director as to the availability or nonavailability of any person in the hilippines ho is competent$ able$

and illin! to do the ob for hich the services of the applicant are desired8

c) 7is assessment as to hether or not the employment of the applicant ill redound to the national interest8

d) %dmissibility of the alien as certified by the 3ommission on 9mmi!ration and Deportation8


35/35

e) /he recommendation of the Board of 9nvestments or other appropriate !overnment a!encies if the applicant ill be employed in

preferred areas of investments or in accordance ith imperatives of economic developments8 and

f) ayments of a ;. fee.

SECTION $.Duration of employment permit. Subect to reneal upon shoin! of !ood cause$ the employment permit shall be

valid for a minimum period of one (;) year startin! from the date of its issuance unless sooner revo#ed by the Secretary of &abor

and Employment for violation of any provisions of the 3ode or of these -ules.

SECTION %.%dvice to 3ommission on 9mmi!ration and Deportation. /he Bureau shall advice the 3ommission on 9mmi!ration

and Deportation on the issuance of an employment permit to an applicant.

SECTION &.*nderstudy /rainin! ro!ram. /he employer shall submit a trainin! pro!ram for his understudies to the Bureau

ithin thirty () days upon arrival of the alien or#ers. /he supervision of the trainin! pro!ram shall be the responsibility of the

Bureau and shall be in accordance ith standards established by the Secretary of &abor and Employment.