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RULE V

APPEAL/PETITION FOR REVIEW

Section 1. Jurisdiction. The Secretary of Labor and Employment shall have exclusive jurisdiction to act on appeals/petitions for review of recruitment violation cases and other related cases decided by the Administration.

Section 2. Period to Appeal. The party aggrieved by a decision of the Administration may appeal the same to the Secretary of Labor and Employment within fifteen (15) calendar days from receipt of a copy of the decision. Failure of the aggrieved party to perfect his appeal within the reglementary period shall render the decision of the Administration final and executory.

Section 3. Requirements for Appeal. The appealing party shall file a Notice of Appeal and an Appeal Memorandum with the Adjudication Office or the Regional Office of the Administration, as the case may be. In case a fine and/or a monetary award is imposed against the appealing party, he shall also file a supersedeas bond in the amount of such fine and/or monetary award, in cash or in surety bond posted by a surety company acceptable to the Administration. The Appeal Memorandum shall clearly point out the errors of law and/or fact in the decision appealed from and shall be verified. Any appeal that does not comply with these requirements shall not be acted upon and the Administration shall issue forthwith an order for the execution of the decision for which the appeal is sought.

Section 4. Transmittal of the Records of the Case on Appeal. Within twenty-four (24) hours from receipt of the appeal seasonably filed with the corresponding requirements, the Adjudication Office shall transmit the entire records of the case to the Office of the Secretary of Labor and Employment.

Section 5. Stay of Execution. The decision of the Administration shall be stayed during the pendency of the appeal; Provided that where the penalty imposed carries the maximum penalty of twelve months suspension or cancellation of license, the decision shall be immediately executory despite the pendency of the appeal. Provided further that where the penalty imposed is suspension of license for one month or less, the decision shall be immediately executory and may only be appealed on ground of grave abuse of discretion.

Section 6. Period to Resolve the Appeal. Appeals from the decision of the Administrator shall be resolved by the Office of the Secretary for Labor and Employment within sixty (60) calendar days from receipt of the transmittal of the entire records of the case.

RULE VI

Section 1. Issuance of Writ of Execution. Unless otherwise provided in these Rules, after the Order has become final and executory, the Administration, upon motion or on its own initiative, shall issue a writ of execution requiring the Enforcement Officer to enforce a monetary award and/or fine imposed in the decision.

Section 2. Issuance, Form and Contents of a Writ of Execution. The writ of execution must be issued in the name of the Republic of the Philippines, requiring the Enforcement Officer to execute the Orders of the Administrator or the Secretary or his duly authorized representative, as the case may be. The writ of execution must contain the dispositive portion of the order or decision sought to be executed. It must require the Enforcement Officer to serve the writ upon the losing party or upon any other person required by law to obey the same before proceeding to satisfy the judgment.

Execution shall proceed against the assets of the losing party in the following order:

1. escrow deposit

2. surety bond

3. personal property

4. real property

A writ of execution shall not be necessary for the enforcement of Orders in the following cases:

1. For the return of travel and other related documents. A copy of the order served upon the losing party or upon any other required by law to obey such order is sufficient; and

2. Where the agency had earlier posted a cash or surety bond in relation to an appeal/petition for review. Certified copies of the final and executory order and official receipt of the cash or surety bond shall be sufficient basis for the preparation of the voucher for the release of the amount to be refunded, or for the confiscation/forfeiture of the amount equivalent to the fine. The writ of execution shall be valid and effective for a period of sixty (60) calendar days from issuance thereof.

Section 3. Motion to Cancel Writ of Execution. Within five (5) days from receipt of a copy of Writ of Execution, the judgment debtor may file a Motion to Cancel the Writ of Execution on meritorious ground. The filing of such motion shall not stay the execution of the writ unless a cash or surety bond is posted equivalent to the judgment award and/or fine which shall answer for the same in the event that the motion is denied. An Order denying a Motion to Quash the Writ of Execution is final and no further motions of similar nature shall be entertained.

Section 4. Enforcement of Writs. In executing an Order, the Enforcement Officer shall be guided strictly by the Manual of Instructions for Enforcement Officers of the POEA which the Administration will adopt.

Section 5. Garnishment. In cases where several writs of execution are issued against the same agency, satisfaction of the claims of workers against the escrow deposit or surety bond shall be on a “first-come, first-served” basis, irrespective of the date of filing of the case or date of the decision or date of the writ of execution. Provided that where the orders of garnishment are served simultaneously, the escrow deposit or surety bond shall be pro-rated among the claimants.

Section 6. Return of Writ of Execution. The Enforcement Officer implementing the writ of execution shall submit his return immediately upon the satisfaction of the claim. Regardless, however, of the outcome of his implementation, he shall submit his return not later than sixty (60) calendar days from date of issuance thereof. The return shall state the mode/s of service, the name/s of the person/s served and the date/s of receipt. The return shall also indicate legibly the full name of the serving officer. The return shall form part of the records of the case.

Section 7. Execution Pending Petition for Certiorari. Once a petition for certiorari has been filed with and given due course by the appellate court, the execution of the order insofar as the monetary award to private claimant is concerned shall be stayed.

PART VII

DISCIPLINARY ACTION CASES

RULE I

JURISDICTION AND VENUE

Section 1. Jurisdiction. The Administration shall exercise original and exclusive jurisdiction to hear and decide disciplinary action cases against migrant workers, foreign employers and principals that are administrative in character.

Section 2. Venue. Any complaint involving disciplinary action cases shall be filed with the Adjudication Office of the Administration.

RULE II

DISCIPLINARY ACTIONS AGAINST

PRINCIPALS/EMPLOYERS

Section 1. Grounds for Disciplinary Action Against Foreign Principals/Employers

1. Default on its contractual obligations to the migrant worker and/or to its Philippine agent;

2. Gross violation of laws, rules and regulations on overseas employment;

3. Gross negligence leading to serious injury or illness or death of the worker;

4. Grave misconduct;

5. Conviction of an offense involving moral turpitude;

6. Any other case analogous to the foregoing.

Section 2. Filing of Complaint. Any aggrieved person may file a complaint in writing and under oath for disciplinary action against a principal/ employer with the Administration. The Administration may, on its own initiative, conduct proceedings against principals/employers based on verifiable or official reports.

Section 3. Contents and Form of Complaint. All complaints shall be under oath and must contain the following:

1. Name/s and address/es of the complainant/s;

2. Name/s and address/es of the respondent/s;

3. Specific acts or omissions constituting the alleged offense;

4. Place where the offense was committed;

5. Date when the offense was committed;

6. Relief sought. All supporting documents must be attached to the complaint, whenever possible.

Section 4. Temporary disqualification. A foreign employer/ principal against whom a complaint for disciplinary action has been filed shall be temporarily disqualified from participating in the overseas employment program until the respondent submits to the jurisdiction of the Administration.

Section 5. Effect of Filing an Answer. Upon filing of an answer, the respondent employer shall be qualified to participate in the overseas employment program without prejudice to the outcome of the investigation whereby the proper penalty shall be imposed.

Section 6. Preventive Suspension. A principal/employer may be suspended from participating in the overseas employment program pending investigation of the disciplinary action case when the evidence of guilt is strong and there is reasonable ground to believe that the continued deployment to the principal/employer will result to further violation or exploitation of migrant workers. The Hearing Officer shall, within sixty (60) calendar days from the filing of the case, submit his findings and recommendations in the form of a draft order.

Section 7. Handling of Cases. The procedure provided in this Book shall also apply to disciplinary  action cases involving foreign employers/principals.

Section 8. Disqualification of Foreign Employers/ Principals. Foreign employers/principals against whom the penalty of suspension or disqualification had been imposed through an order, decision or resolution shall be disqualified from participating in the overseas employment program unless cleared by the Administration or the penalty imposed is lifted.

RULE III

DISCIPLINARY ACTION AGAINST OVERSEAS WORKERS

Section 1. Grounds for Disciplinary Action. Commission by a migrant worker of any of the offenses enumerated below or of similar offenses shall be a ground for disciplinary action:

1. Pre-Employment Offenses

1. Using, providing, or submitting false information or documents for purposes of job application or employment.

2. Unjustified refusal to depart for the worksite after all employment and travel documents have been duly approved by the appropriate government agency/ies.

2. Offenses during Employment

1. Commission of a felony or crime punishable by Philippine Laws or by the laws of the host country;

2. Unjustified breach of employment contract;

3. Embezzlement of company funds or monies and/or properties of a fellow worker entrusted for delivery to kin or relatives in the Philippines; and

4. Violation/s of the sacred practices of the host country.

Section 2. Filing of Complaint. Any person may file a complaint in writing and under oath for disciplinary action against a migrant worker with the Administration.The Administration may, on its own initiative, conduct proceedings against a migrant worker on the basis of verifiable or official reports.

Section 3. Contents and Form of Complaint. All complaints shall be under oath and must contain, among others, the following:

1. Name/s and address/es of the complainant/s;

2. Name/s and address/es of the respondent/s;

3. Specific act/s or omission/s constituting the alleged offense;

4. Place where the offense was committed;

5. Date when the offense was committed; and

6. The relief/s sought. All supporting documents must be attached to the complaint, whenever possible.

Section 4. Exempting Circumstances. The following considerations shall be legitimate reasons for the refusal of a worker to depart for the worksite, or to abandon or withdraw from employment:

1. Exposure to hazardous, demeaning working and living conditions;

2. Refusal of the employer or principal to grant, release or remit wages and other benefits due the worker;

3. War, plague or other calamities at the worksite; and

4. Violation of labor laws of the Philippines, the host country or international labor laws;

Section 5. Handling of Cases. The procedures provided in this Book shall apply in disciplinary cases involving workers.

Section 6. Temporary disqualification from overseas employment. A respondent worker subject of a pending complaint for disciplinary action, as provided in Section 1 (A&B) of Rule III, Part VII of these Rules, or those against whom a warrant of arrest or hold departure order is issued by competent authority shall be disqualified from overseas employment unless temporarily cleared.

Section 7. Effect of Filing of an Answer. Upon filing of an answer, the respondent worker shall be qualified for overseas employment without prejudice to the outcome of the investigation whereby the proper penalty may be imposed.

Section 8. Disqualification from Overseas Employment. Migrant workers against whom suspension or disqualification has been imposed through an order, decision, or resolution shall be disqualified from overseas employment unless cleared by the Administration or the penalty imposed had been lifted.

Section 9. Preventive Suspension. A migrant worker may be preventively suspended when the evidence of guilt is strong and the charge involves a serious offense.

RULE IV

CLASSIFICATION OF OFFENSES AND

SCHEDULE OF PENALTIES

Section 1. Classification of Offenses. Administrative offenses committed by the worker are classified into serious, less serious, depending on their gravity. The Administration shall impose the appropriate administrative penalties for every violation.

1. The following are serious offenses with their corresponding penalties:

1. Commission of a felony or crime punishable by Philippine laws or by the laws of the host country.

1 st Offense: Six months and one day to One (1) year suspension from participation in the overseas employment program

2 nd Offense: Permanent Disqualification

2. Unjust refusal to depart for the worksite after all employment and travel documents have been duly approved by the appropriate government agency/ies.

1 st  Offense: Six months and one day to One (1) year suspension from participation in the overseas employment program

2 nd Offense: Permanent Disqualification

2. The following are less serious offenses with their corresponding penalties:

1. Submission/furnishing or using false information or documents for purposes of job application or employment.

1 st Offense: Two months to Six months suspension from participation in the overseas employment program

2 nd Offense: Six months and one day to One (1) year suspension from participation in the overseas employment program

3 rd Offense: Permanent Disqualification

2. Unjustified breach of employment contract

1 st Offense: Two months to Six months suspension from participation in the overseas employment program

2 nd Offense: Six months and one day to One (1) year suspension from participation in the overseas employment program

3 rd Offense: Permanent Disqualification

3. Embezzlement of company funds or monies and/or properties of a fellow worker entrusted for delivery to kin or relatives in the Philippines

1 st Offense: Two months to Six months suspension from participation in the overseas employment program

2 nd Offense: Six months and one day to One (1) year suspension from participation in the overseas employment program

3 rd Offense: Permanent Disqualification

4. Violation/s of the sacred practices of the host country

1 st  Offense: Two months to Six months suspension from participation in the overseas employment program

2 nd Offense: Six months and one day to One (1) year suspension from participation in the overseas employment program

3 rd Offense: Permanent Disqualification

RULE V

APPEAL/PETITION FOR REVIEW

Section 1. Jurisdiction. The Secretary shall have the exclusive jurisdiction to act on appeals/petitions for review of disciplinary action cases decided by the Administration.

Section 2. Filing of Appeal/Petition. Appeals/Petitions for Review shall be filed with the

Administration within fifteen (15) calendar days from receipt of the decision by the appealing or petitioning party.

RULE VI

COMMON PROVISIONS

Section 1. Records of Proceedings. The records of all proceedings before the Hearing Officer shall be summarized in writing by the OE Adjudicator, including the substance of the evidence presented. The minutes of proceedings shall be signed by the parties and shall form part of the records. Where any of the parties refuse to sign, the refusal and reason/s given must be indicated by the OE Adjudicator in the minutes, which must be chronologically arranged and appropriately paged.

Section 2. Appearances. An attorney appearing for a party is presumed to be properly authorized for that purpose. Appearances may be made orally or in writing. In both cases, the complete name and office and the adverse party of his counsel/representative properly advised. Any change in the address of counsel/representative should be filed with the records of the case and furnished the adverse party or counsel. Any change or withdrawal of counsel/representative shall be made in accordance with the Rules of Court.

Section 3. Action on Motions. The Hearing Officer shall have the authority to rule on motions which may be done in writing or orally during the proceedings/conferences.

Section 4. Consolidation of Cases. Where there are two (2) or more cases pending before different OE Adjudicators, involving the same respondent/s and issues, the case which was filed last may be consolidated with the first to avoid unnecessary cost or delay. Such cases shall be handled by the OE Adjudicator to whom the first case was assigned.

Section 5. Discovery of Another Offense. When in the course of investigation on the alleged recruitment violation/s on pre-employment cases, another offense is uncovered, the Administration may issue the necessary show cause order or inform the respondent/s of the charge/s during the investigation and enter the same in the minutes. The Administration shall allow the parties the requisite period within which to file an Answer.

Section 6. Discovery of Another Respondent. When in the course of the investigation on recruitment violation/s alleged and/or uncovered, another agency or person is found to have committed a violation, the OE Adjudicator shall automatically implead said agency or person in the records of case pending, subject of investigation. For this purpose, show cause order shall be issued to the agency or person in accordance with the Rules.

Section 7. Prescription. All recruitment violation cases enumerated in these Rules shall be barred if not commenced or filed with the Administration within three (3) years after such cause of action accrued. Likewise, disciplinary action shall be barred if not commenced or filed with the Administration within three (3) years after such cause of action occurred.

Section 8. Applicability of the Rules of Court. The Revised Rules of Court of the Philippines shall, whenever practicable, supplement these Rules in similar or analogous character in proceedings brought before the Administration.

PART VIII

WELFARE SERVICES

RULE I

ASSISTANCE TO WORKERS

Section 1. Responsibility to Workers. The Administration shall ensure that workers deployed overseas are amply protected and that their interest, well being and welfare are promoted. Agencies shall be responsible for the faithful compliance by their foreign principals of all obligations under the employment contract.

Section 2. Request for Assistance. The Administration shall take cognizance of any request for assistance from the worker and/or his family on matters relating to overseas employment.

Section 3. Call for Action and Submission of Reports. The Administration shall require an agency to act on complaints or problems brought to its attention or to submit reports on the status or condition of the worker.

Section 4. Administrative Sanctions. Deliberate failure by agencies and/or employers to act on requests for assistance and/or complaints of workers and/or families shall warrant imposition by the Administration of such sanctions as it may deem appropriate.

Section 5. Welfare Programs and Activities. The Administration, in coordination with other institutions, shall initiate and undertake such projects and activities that will enhance the welfare and promote the interest of workers and their families including those that will facilitate the psychosocial and economic reintegration of OFWs who have decided to return home for good.

RULE II

Section 1. Conciliation of Complaints. The Administration may conciliate any complaint involving a worker, licensed agency, or foreign principal/employer relating to overseas employment.

Section 2. Conciliation Proceedings. Within 5 days upon receipt of the complaint, the Administration shall notify the respondent and schedule a conference between the parties to discuss the possibility of arriving at an amicable settlement. Where an amicable settlement is reached, the Administration shall approve the same and the settlement shall be final and binding upon the parties. Where efforts for amicable settlement fail, the conciliation proceedings shall be terminated and the complaint shall be referred to the appropriate office immediately. Likewise, if after evaluation of complaints and supporting documents, the employer or principal is found to be remiss in the performance of its contractual obligations to its workers, the Administration shall disqualify said employer or principal from participating in the overseas employment program

Section 3. Administrative Sanction. Unjustified failure by agencies to appear or make proper representations during conciliation proceedings, or to abide by the terms of the approved settlement shall warrant the suspension of documentary processing until compliance.

RULE III

Section 1. Repatriation of Workers. The repatriation of the worker and the transport of his personal belongings shall be the primary responsibility of the agency which recruited or deployed the worker overseas. All costs attendant to repatriation shall be borne or be charged to the agency concerned and/or its principal. Likewise, the repatriation of remains and transport of the personal belongings of the deceased worker and all costs attendant thereto shall be borne by the principal and/or the local agency. However, in cases where termination of employment is due solely to the fault of the worker, the principal/employer or agency shall not in any manner be responsible for the repatriation of the former and/or his belongings.

Section 2. Repatriation Costs When Employment is Terminated. The principal or agency shall advance the cost of plane fare without a prior determination of the cause of the termination of the workers employment. However, the principal/agency may recover the cost of repatriation from the worker upon his return to the Philippines if termination of employment is due solely to worker's fault.

Section 3. Repatriation Procedure. When the need for repatriation arises and the principal fails to provide for the costs, the Philippine Embassy/Consulate/ Overseas Labor Office at worksite shall simultaneously notify the Administration and OWWA of such need. The Administration shall require the agency to provide the plane ticket or a pre-paid ticket advice to the Philippine Embassy/Consulate / Overseas Labor Office and to report its compliance to the Administration which shall advise OWWA accordingly.

Section 4. Administrative Sanction for Non-Compliance. If the employment agency fails to provide the ticket or pre-paid ticket advice within 48 hours from receipt of notice, the Administration shall suspend the documentary processing of the agency or impose such sanctions, as it may deem necessary. The Administration may request OWWA to advance the costs of repatriation with recourse to the agency and/or employer. The administrative sanction shall be lifted after the agency or employer shall have reimbursed OWWA of the costs of repatriation.

RULE IV

WAR RISK INSURANCE AND WAR RISK PREMIUM PAY

Section 1. Declaration of War Risk Areas. In order to protect seafarers, fishermen and cruise ship personnel from the hazards of war or war-like operations, the Administration shall, pursuant to prior declaration by the competent authorities, declare specific areas, territorial waters or portions of the high seas as war risk areas.

Section 2. Mandatory War Risk Insurance for Landbased Workers. All landbased workers bound for areas declared as war risk areas shall be provided with war risk insurance coverage of not less than P200,000.00. This war risk insurance shall be provided by the employer at no cost to the worker.

Section 3. War Risk Premium Pay. Workers who work on areas declared as war risk areas shall be entitled to premium pay or its equivalent, the form of which shall be determined by the Administration.

RULE V

EDUCATION PROGRAM ON OVERSEAS EMPLOYMENT

Section 1. Workers Education Program. In accordance with the policy of full disclosure, the

Administration shall provide a comprehensive and integrated education program on overseas employment and shall be undertaken in partnership with other relevant organizations and government entities. Such education program shall cover all stages of recruitment and employment and provide information useful for overseas workers.

Section 2. Program Development Administration and Linkages. The Administration shall develop and administer the program in partnership with concerned government agencies, industry associations, civic-oriented groups and non-government organizations.

Section 3. Orientation Programs. The Administration shall conduct regular orientation programs that are country and skills-specific.

Section 4. Information Campaign. The Administration shall conduct a nationwide, multi-media and sustainable grassroots information campaign to create public awareness on the realities of overseas employment.

Section 5. Orientation of Licensed Agencies Representatives. The Administration shall provide continuing orientation programs to officers and staff of licensed agencies.

Section 6. Orientation of Foreign Employers. The Administration shall provide orientation to foreign employers on the requirements, standards, laws and regulations in the recruitment and employment of Filipino workers.

RULE VI

Section 1. Manpower Registry. The Administration shall adopt a system of registration of landbased workers and maintain a registry of qualified applicants in accordance with the requirements of their occupations.

Section 2. Manpower Sourcing from the Registry. Aside from the in-house placement facility of the Administration, private recruitment agencies may source their manpower requirements from the POEA registry.

Section 3. Referral of Qualified Applicants. The Administration may refer qualified applicants from the registry to agencies for possible placement.

Section 4. Agency Manpower Pool. An agency may maintain its own manpower pool provided no fee shall be charged to the applicant nor services be required of him in consideration of membership in the manpower pool.

RULE VII

MANPOWER RESEARCH AND DEVELOPMENT

Section 1. Research Studies. The Administration, in coordination with other entities, shall conduct periodic researches and studies on labor supply especially as it relates to the monitoring of the outflow of critical skills.

Section 2. Manpower Development Program for Overseas Workers. The Administration shall extend technical support and establish linkages with government agencies and other concerned sectors in the development and provision of assistance programs in the training of overseas workers for overseas jobs as well as in enabling them to transfer their skills and learning, upon their return.

Section 3. Training Programs and Standards. The Administration shall coordinate with private entities, government agencies, and employers concerned in the formulation of training programs and standards.

PART IX

TRANSITORY PROVISIONS

Section 1. Transfer of Welfare Services Provisions to OWWA. All provisions pertaining to the welfare of migrant workers, shall be transferred to OWWA within three (3) months from the affectivity of these rules. In the meantime, POEA shall continue to perform welfare services.

PART X

GENERAL AND MISCELLANEOUS PROVISIONS

Section 1. Authority to Administer Oaths. The Administrator, or any person authorized under existing laws, shall have the authority to administer oaths and require the attendance of witnesses or the production of any book, paper, correspondence, memoranda and other documents relevant or material to the case or inquiry.

Section 2. Construction. These Rules shall be liberally construed to carry out the objectives of the

Constitution, the Labor Code of the Philippines and the Laws pertaining to overseas employment and to assist the parties in obtaining just, expeditious and inexpensive settlement of disputes. All doubts in the implementation or interpretation of these Rules shall be resolved in favor of labor.

Section 3. Transfer of Cash Bond. Placement agencies shall be allowed to withdraw their existing cash bonds so that the same may be used to comply with the escrow deposit requirement under Section 4, Rule II, Part II of these rules.

Section 4. Separability Clause. The provisions of these Rules and Regulations are declared to be separable and if any provision or the application thereof is held invalid or unconstitutional, the validity of the other provisions shall not be affected.

Section 5. Repealing Clause. All policies, issuances, rules and regulations inconsistent with these

Rules are hereby repealed or modified accordingly.

Section 6. Effectivity. These Rules shall take effect fifteen (15) days from publication in a newspaper of general circulation.

Done in the City of Mandaluyong, Republic of the Philippines, this 4th day of February 2002.

APPROVED:

PATRICIA A. STO. TOMAS

Chairperson

ROSALINDA DIMAPILIS-BALDOZ LUZVIMINDA L. ELBINIAS

Board Member Board Member

EZEKIEL T. ALUNEN VICENTE F. ALDANESE, JR.

Board Member Board Member

GREGORIO S. OCA

Board Member

ANNEX “A”

POEA INSPECTION MANUAL

PART I GENERAL POLICY

Inspection Program

1. Scope and Importance of Inspection: Among the priority program thrusts of the Philippine

Overseas Employment Administration is the protection of Overseas Filipino Workers (OFWs) and the promotion of their interest and welfare. To ensure that this thrust is met by licensed recruitment agencies, compliance is monitored through inspection activities. Inspection functions include assistance to both agencies and applicants and enforcement of existing labor laws, rules and regulations on overseas employment. By way of accurate information, advice and explanation during the conduct of inspection, POEA inspectors are able to assist both agencies and applicants to fully understand existing rules and regulations and other pertinent issuances on overseas recruitment procedures. More importantly, through inspection, the Administration enforces existing labor laws, rules and regulations on overseas employment. Deviant practices and irregularities are closely observed, monitored documented and reported to concerned authorities for appropriate action.

2. Qualifications of Inspectors. To efficiently and effectively discharge their sensitive tasks, the following qualities and qualifications are required of inspectors:

a)      As public officer, the POEA inspector must possess a great sense of dedication and commitment in carrying out his assigned tasks/functions. He is expected to observe fairness, tact and diplomacy in the conduct of inspection activities to likewise command the respect and courtesy of the client.

b)      The POEA inspector must be impartial to ensure that no prejudice is committed. The result of every assignment must be clear and transparent.

c)      As a rule of thumb, the POEA inspector must strictly observe the rule on confidentiality. An inspector’s report can be made public only if his superiors find valid reasons for its disclosure.

PART II. INSPECTION PROPER

1. Preparation

The primary consideration in a tour of inspection is the preparation of an effective and reliable inspection program. To achieve this goal, priorities are determined and a program is designed to determine compliance of agencies/ entities and accredited training centers with related labor laws, issuances, rules and regulations on overseas recruitment. Planning for an inspection tour is aimed at maximizing manpower and resources. Agencies/entities for inspection are scheduled on a per zone basis to ensure that offices within the area requiring inspection can be attended to.

2. Types of Inspection

1. Regular Inspection – This entails the conduct of ocular inspection on the office premises of agencies and entities with applications for:

· Issuance of license

· Renewal of license

· Accreditation of studios, PDOS venues

· Renewal of authority to operate a training center

· Establishment of branch office (agency and training centers), extension office and/or request for occupancy of additional room within address/building

· Transfer of business address of main and branch office, studio, training center and

PDOS venue

· One-Year of operation after renewal of license

3. Spot Inspection – This kind of inspection is undertaken in the following instances:

· Suspension and/or cancellation of license or authority

· Delisting of an agency from the roster of licensed agencies

· Possible conduct of recruitment at the old address

· Documented reports on illegal recruitment activities of a person/ agency/ entity

· Reported violation/ non-compliance of agency/ entity with POEA Rules and Regulations and other related issuances.

· Giving up of room/additional space

· Monitoring recruitment activities outside acknowledged office address.

4. Salvo Inspection – This peculiar type of inspection is conducted to determine compliance of agencies/ training centers with the rules and regulations on overseas employment and to validate reported violations and malpractices committed in the course of their operations.

5. Regional Inspection – This entails simultaneous spot inspection of private recruitment agencies/ entities including training centers located in the regions.

PART III. INSPECTION PROCEDURES

A. Inspection zoning and scheduling – To fully maximize the time and effort in the conduct of inspection and to ensure the quality and reliability of inspection results, proper scheduling and zoning of agencies/ entities should be observed. The list of agencies/ entities to be inspected for the day is the responsibility of the Chief of the Inspection Division with the assistance of the Supervising Labor and Employment Officer and a Senior Labor and Employment Officer designated as an Account Officer. Inspection schedules are planned in advance and the following are carefully prepared and identified:

1. Registered business address of the agency

2. All pertinent data and information on the agencies/ entities which are the subject for inspection.

3. A team of two inspectors who shall conduct inspection during office hours.

4. Inspection Authority clearly stating the name and address of the agency to be inspected, the names of the inspectors and the purpose and nature of inspection.

5. Inspection authority bearing the signature/s of POEA official signatories, as follows:

a) Regular Inspection - Inspection authority shall bear the signature of the Director II, Licensing Branch or his duly authorized representative.

b) Spot Inspection - Inspection authority shall bear the signature of the Director, Licensing and Regulation Office or his duly authorized representative.

c) Salvo Inspection - Inspection authority shall bear the signature of the Deputy Administrator for Licensing and Adjudication or his duly authorized representative.

d) Regional Inspection - A Special order shall bear the signature of the Administrator or his duly authorized representative.

B. Conduct of Inspection

1. Limitation – Inspection shall be conducted only in the premises of agencies/entities named in the Inspection Authority. The Authority, on the other hand, shall be valid only on the date specified therein.

2. Frequency – Except when necessity requires, inspection shall be conducted periodically as provided for in the Section II, Rule IV of the Rules and Regulations Governing Overseas Employment as amended. As a general rule, conduct of inspection shall be discreet to guarantee maximum effectivity. POEA inspectors are to observe the actual operations of the agencies/entities concerned.

3. Entry to the Office Premises – Inspection shall be done during the regular working hours except when ordered otherwise. Inspectors should be in proper office attire and should at all times observe the tenets of good conduct in the course of their assignment. During inspection, the inspectors must present their inspection authority, introduce themselves and state the purpose of their visit. Whenever possible, the inspectors must meet the President/Proprietor/Manager of the Agency/ entity, or in his absence seek a responsible officer to discuss matters affecting their operation. Inspectors should not enter the premises of an agency/entity without the approval of any of its responsible officers.

4. Refusal to allow entry – Rule II, g (a) of the Implementing Rules and Regulations of the Labor Code of the Philippines as amended, provides for the access of the Labor/POEA inspectors to the agency/entity premises anytime of the regular working days within the regular working hours. When the President/Proprietor/ Manger or any responsible officer of the agency/entity refuses the entry of inspectors after presentation of an inspection authority, or allows entry but refuses to allow conduct of inspection, the team must withdraw and submit a report stating that they were refused entry or that they were prevented from conducting the inspection after entry to the office was allowed. A recommendation to refer the matter to the Adjudication Office can be made.

5. Conduct of Actual Ocular Inspection

a)       Opening Conference – The POEA inspector shall inform the representative of the agency/entity the purpose of the inspection and shall request permission to move around the office premises for an ocular inspection in his presence or with any of his representative. The meeting must be as brief as possible. Conditions of the office operation should be assessed, all facts pertinent to apparent irregularities/violations should be recorded. Likewise, inspectors should ascertain if subject agency/ entity has maintained its compliance with the space, facilities and operational requirements of the Administration.

b)       Sources of Information – Notwithstanding the facts gathered in the course of interview with the office representative and the actual observations noted during the ocular inspection, other information regarding agency operations can be gathered from prospective applicants and employees of the agency. Interviews must be objective since this can disclose matters which may be used as a source of information regarding the agency’s day-to-day operations. As much as possible, interviews must not be done in the presence of the agency head to enable applicants and/or employees to freely answer questions and provide the information that may validate facts gathered in the course of inspection. Information provided by applicants and agency personnel should be clearly reflected in the inspection report form with their signatures affixed on it.

c)       Documenting/Recording Information – It is a must that all information be reduced in writing in either English or Pilipino. This shall be attached and/or reflected in the Inspection Report Form for documentation and reference.

d)       Examination of Books of Accounts, Official Receipts and other pertinent documents/ records - The POEA inspectors shall inspect/examine records which are pertinent to the purpose of inspection (i.e. Books of Accounts, Official Receipts, Deployment Reports, Payroll Reports etc.).Where the results of examination indicate violations involving illegal exaction (charging of fees beyond the allowable amount prescribed by the Administration), non-submission of payroll and deployment reports as required, copies of the documents reflecting the irregularities noted must be reproduced and serve as evidence in cases where legal proceedings are to be pursued.

e)       Completion of Inspection –Upon completion of the inspection, the inspector shall accomplish the Inspection Report Form clearly stating the information and observations made. Any violations discovered in the course of inspection should also be reflected and should not be subjected to any compromise or agreement. The inspector shall give the agency/entity representative an opportunity to read and go over the contents of the inspection report. If the agency representative/owner contests the inspection results, the Inspectors must indicate with clarity that the agency officer concerned refused to acknowledge the results of the activity. The inspection report, together with signed statements, and all other pertinent materials relevant to substantiate the inspection findings, if any, shall be submitted to the Chief, Inspection Division within 24 hours from the date the ocular inspection was conducted for review and possible course of action if it so requires. Where findings involve violations of recruitment rules and regulations, proper indorsement to the Adjudication Office shall be prepared.

f)         Evaluation of Inspection Report. Submitted inspection reports shall be evaluated by the Chief, Inspection Division through the assistance of the Supervising Labor and Employment Officer. Such evaluation is aimed at checking the reliability and accurateness of the inspection report. Likewise, evaluation of inspection report shall be the basis in identifying problems encountered in the course of inspection and assessing the efficiency of inspection procedures. Spot inspection, on certain instances, may be conducted to validate inspection results whenever there is a need to verify the accuracy of reports submitted by the inspectors.

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