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Career Guide

Rules and Regulations Governing Overseas Employment

  Apr 23, 2004

BOOK I- GENERAL POLICY

RULE I - GENERAL STATEMENT OF POLICY

It shall be the policy of the Administration to:

a. Promote and develop overseas employment opportunities in cooperation with relevant government institutions and the private sector;

b. Establish the environment conducive to the continued operations of legitimate, responsible and professional private agencies;

c. Afford protection to Filipino workers and their families, promote their interests and safeguard their welfare; and

d. Develop and implement programs for the effective monitoring of returning contract workers promoting their re-training and re-employment of their smooth re-integration into the mainstream of the national economy.

RULE II - DEFINITION OF TERMS

For purposes of these Rules, the following terms are defined as follows:

a. Administration – the Philippine Overseas Employment Administration (POEA).

b. Administrator – the Administrator of the POEA.

c. Agency – A private employment or a manning agency as defined herein.

d. Allotee – any person named or designated by the overseas contract workers as the recipient of his remittance to the Philippines.

e. Balik-Mangagawa (Vacationing Worker) – a landbased contract worker who is on a vacation or on an emergency leave and who is returning to the same worksite to resume his employment.

f. Beneficiary – the person/s to whom compensation benefits due under an overseas employment contract are payable by operation of law or those to whom proceeds of a life or accident insurance are likewise payable.

g. Center – the POEA Regional Center in Cebu and such other regional centers as may hereinafter be established.

h. Code – the Labor Code of the Philippines as amended.

i. Collective Bargaining Agreement – the negotiated contract between a legitimate labor organization and the employer concerning wages, hours of work and all other terms and conditions of employment in a bargaining unit, including mandatory provisions for grievance and arbitration machineries.

j. Contract Worker – any person working or who has worked overseas under a valid employment contact.

k. Department – the Department of Labor and Employment (DOLE).

l. Directorate – the executive body of the Administration composed of its Administrator, Deputy Administrators and Directors as defined herein.

m. Director-LRO – the Director of the Licensing and Regulation Office.

n. Director-PSO – the Director of the Pre-Employment Services Office.

o. Director-AO – the Director of the Adjudication Office.

p. Director WEO – the Director of the Welfare and Employment Office.

q. Employer – any person, partnership or corporation, whether local or foreign, directly engaging the services of Filipino workers overseas.

r. Foreign Exchange (Forex) Earnings – the earnings in terms of US dollars (US$) or any other acceptable foreign currency of overseas workers and agencies.

s. Governing Board – the policy-making body of the Administration.

t. Government-to-Government Hiring – recruitment and placement of Filipino workers by foreign government ministries or instrumentalities through the Administration.

u. Job Fair – an activity conducted outside of an agency’s authorized business address whereby applicants are oriented on employment opportunities and benefits provided by foreign principals and employers.

v. License – a document issued by the Secretary authorizing a person, partnership or corporation to operate a private employment agency or a manning agency.

w. Manning Agency – any person, partnership or corporation duly licensed by the Secretary to recruit seafarers for vessel plying international waters and for related maritime activities.

x. Manning Agreement – an agreement entered into by and between the principal and the licensed manning agency defining the responsibilities of both parties with respect to the employment of ship personnel for their enrolled vessels.

y. Commission – the National Labor Relation Commission.

z. Name Hire – a worker who is able to secure employment overseas on his own without the assistance or participation of any agency.
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