POEA PROGRAMS AND SERVICES TO

MIGRANT WORKERS AND FILIPINO

OVERSEAS

ATTY. CELSO J. HERNANDEZ, JR.

Director II
Philippine Overseas Employment Administration
MANDATE AND CORE FUNCTIONS

Industry Employment Protection of

regulation facilitation workers
• Issues license • Accredits/registers • Undertakes anti-
• Adjudicates foreign illegal recruitment
complaints/imposes principal/employer campaigns
disciplinary action • Approves • Provides legal
• Sets minimum manpower requests assistance
standards • Evaluates contracts • Facilitates
• Implements a • Conducts market repatriation
system of awards research assistance
CHALLENGES
RECRUITMENT MALPRACTICES

Premature and / Misrepresentation in

Illegal or Excessive relation to obtaining a
Recruitment Collection of license and / or
recruitment
Placement Fees
CHALLENGES
EMPLOYMENT RELATED PROBLEMS

Illegal Contract Maltreatment and

Violations by other Abuses
Employer/FRA
LEGAL OPTIONS
 Conciliation
 Administrative actions – complaints to be filed
- Recruitment Violation
- Disciplinary Action against Worker (DAW)
- Disciplinary Action against Employer (DAE)
 Criminal Action
 Money Claims -Labor Arbiters
of the NLRC
CONCILIATION / Single Entry Approach (SENA)

An administrative approach to provide a speedy, impartial,

inexpensive and accessible settlement procedure of all labor
issues or conflicts to prevent them from ripening into full blown
disputes. Conciliation-mediation process shall be utilized as
immediate intervention to effect amicable settlement among
the different parties

Can be both conducted at the post through POLO or at any

DOLE Office/agency
CONCILIATION / Single Entry Approach (SENA)

• On-Site Conciliation Proceedings (LABOR ATTACHE

/WELOF/ASE OFFICER)

• Inherently labor in character: salaries& wages,

violations of other terms and conditions of contracts,
termination etc.

• If Conciliation is no longer possible – submission to the

labor arbitration process
CONCILIATION / Single Entry Approach (SENA)

OFWs On-site Complaints for violation of POEA Rules

(D.O No. 87-08,setries of 2008)

• Venue-POLO
• Complaint in writing & under oath
• Case officer to submit a detailed report to POEA : with sworn
statements & other relevant documents
• Written Interrogatories

Other legal OPTIONS : file in the host country or in the

Philippines
Benefits due the worker under RA1022
 ANTI-ILLEGAL RECRUITMENT & ANTI-TIP
CAMPAIGN FRAMEWORK

• PEOS/POEA on WHEELS

• AIRTIP SEMINARS
AND CET
• MULTI-MEDIA • LEGAL ASSISTANCE
AND TECHNOLOGY-
• OPERATIONS AND
BASED INFORMATION
SURVEILLANCE
MATERIALS
• INVESTIGATION AND
PROSECUTION
PREVENTIVE APPROACH

CONDUCT OF INFORMATION AND EDUCATION

CAMPAIGN
 Pre-Employment Orientation Seminars (PEOS)
 Anti-Illegal Recruitment/Anti-Trafficking In Persons
Caaign Seminars (AIR/ATIP)
 Capability Enhancement Trainings (CET)
 Pre-Licensing Orientation Seminars (PLOS) and
Continuing Agency Education Program (CAEP)
 PREVENTIVE APPROACH

DISSEMINATION OF EDUCATION AND INFORMATION

MATERIALS DOWN TO THE GRASSROOT LEVEL
MORE STRINGENT REQUIREMENTS ON THE LICENSING
RECRUITMENT AGENCIES AND EMPLOYERS
IMPOSITION OF STIFFER PENALTIES FOR RECRUITMENT
VIOLATION COMMITTED BY RECRUITMENT AGENCIES
LOCAL ALTERNATIVE ACTION TO INCREASE ACCESSIBILITY
TO JOBS
(job fairs, provincial recruitment authorities, establishment
of branch offices of licensed recruitment agencies)

PARTNERSHIPS AND LINKAGES WITH STAKEHOLDERS

REMEDIAL APPROACH

PROVIDE LEGAL ASSISTANCE TO VICTIMS OF ILLEGAL

RECRUITMENT AND RELATED CASES WHICH ARE ADMINISTRATIVE
OR CRIMINAL IN NATURE, SUCH AS BUT NOT LIMITED TO
DOCUMENTATION AND COUNSELING

PROSECUTION OF ILLEGAL RECRUITERS, DURING PRELIMINARY

INVESTIGATION AND DURING TRIAL IN COLLABORATION WITH THE
DOJ PROSECUTORS

SPECIAL OPERATIONS - SURVEILLANCE AND CLOSURE OF

ESTABLISHMENT OR ENTITIES SUSPECTED TO BE ENGAGED IN
ILLEGAL RECRUITMENT
MONITORING OF ILLEGAL RECRUITMENT CASES
COORDINATION WITH OTHER LAW ENFORCEMENT
AGENCIES IN IMPLEMENTING THE AIR CAMPAIGN
ADJUDICATION OF CASES

The POEA shall exercise original and exclusive jurisdiction

to hear and decide:
 all pre-employment/recruitment violation cases which
are administrative in character, involving or arising out
of violations of Rules and Regulations relating to
licensing and registration, including refund of fees
collected from the workers or violation of the
conditions for issuance of license or authority to recruit
workers; and

 disciplinary action cases and other special cases, which

are administrative in character, involving employers,
principals, contracting partners and OFWs processed by
the POEA.
ADJUDICATION OF CASES

COMMON RECRUITMENT VIOLATIONS

 Overcharging of fees/ illegal exaction.
 Misrepresentation
 Non issuance of receipt.
 Premature collection
 Contract alterations and substitutions
 REPROCESSING OF WORKERS
ADJUDICATION OF CASES

GROUNDS FOR FILING OF DISCIPLINARY

ACTIONS AGAINST THE EMPLOYER/FRA.
 Breach of Contract,
 Grave violation of laws/rules on overseas
employment
 Gross negligence resulting to serious
physical injury/death,
 Serious misconduct
ADJUDICATION OF CASES

GROUNDS FOR FILING OF DISCIPLINARY

ACTIONS AGAINST THE WORKER.
Pre Employment Offenses:
 Misrepresentation,
 Unjustified Refusal to Depart
During Employment
 Commission of a crime
 Breach of Contract
 Embezzlement
 Violation of the Sacred Practices
REPATRIATION

Legal Basis :Rule 13 IRR of the Omnibus Rules and

Regulations Implementing the Migrant Workers
Act of 1995 as amended by R.A. 10022

Primary Responsibility of the Agency ( Sec. 1,

Rule XIII, IRR R.A. No. 10022)

Agency to advance cost of repatriation ( Sec. 2

Ibid)
REPATRIATION

PROCEDURE

 48 hrs notice rule –day for repatriation

 15 day rule – requires exit visa
 Duty of the agency in case visa is required –
coordinate with the employer or principal in
securing the visa
REPATRIATION

Action on Non-Compliance (Sec. 4, Ibid)

 Documentary suspension or impose such sanction as maybe
necessary
 Suspension of the employer or principal
 Suspension of documentary processing if necessary

Mandatory Repatriation of Underage Migrant Workers (Sec. 6,

Ibid) Sanctions:
 Recruitment agency to pay or reimburse the costs of the
repatriation
 Cancellation of the agency’s license upon notice and
hearing
 Fine of not less than P500,000.00 nor more than 1M
 Refund of pertinent fees + indemnification for damages
 Worker to fill up
Evaluation IR form and Prosecution
IR Prosecutor’s
narrate the facts
Division Office/ DOJ
and
Legal Officer evaluates
circumstances Assist in drafting the
worker’s complaint
based on worker’s necessary pleadings for
Legal Assistance in PI
narration of facts and purposes of filing with
Court Hearings until
other evidences and appropriate
termination of case
relief sought. Prosecutor’s Office.
COMPLAINT
Docket and
Legal Officer assists Enforcement to
1.IR OFW filling up forms RV/DAW Adjudication Office
2.RV/ for RV/DAE/DAW and SENA
/DAE
DAW/DAE assists OFW to execute
3.Money sworn statements Compromise Agreement
Claims
4.Others Money
(Family And Claims SENA
NLRC/ Labor Arbiter
Support Cases
Etc.)
Representative/ Next Repatriation AGENCY
of Kin executes REPAT Unit
narration of facts
OWWA/OUMWA
/POLO/PE
Legal
LEGAL OPTIONS OFFSITE
OTHERS
Counselling
Thank you for your
attention.