EXECUTIVE ORDER NO. 787
EXECUTIVE ORDER NO. 787 - CREATING
THE MIDDLE EAST AND AFRICA REGIONAL LABOR OFFICE AND FOR OTHER PURPOSES
WHEREAS,
there is a critical need to adopt new policies to maximize overseas
employment and contracting opportunities for our workers and companies;
WHEREAS, the Middle East and Africa which presently have about 270,000
contract workers offer the best potential for expansion of the overseas
employment and contracting program;
WHEREAS, the burgeoning Filipino presence in the Middle East and Africa
require immediate and complete service arrangements to enhance the
welfare and protect the interest of our workers;
WHEREAS, there is a felt need to consolidate, integrate and coordinate
all labor and employment related activities and operations in the
region if we are to optimize the benefits to be derived from our
continuing presence;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order as follows:
Section 1. There is hereby created a Regional Labor
Office for the Middle East and Africa hereinafter called “Office”,
which shall be endowed with governmental function and attached to the
Ministry of Labor and Employment, for policy and program coordination.
The headquarters of the Office shall be in Jeddah, Saudi Arabia with an
operation support staff in Manila which shall service the requirements
of the Office. The Office shall be the sole agency to coordinate all
labor training, employment and workers’ welfare functions and
operations including labor attaché activities in the Middle East
and Africa.
Sec. 2. The head of the Regional Labor Office for
the Middle East and Africa shall have the Rank of Deputy Minister and
Ambassador (Chief of Division II).
Sec. 3. Area of Coverage. — The Office shall cover
the following countries: Saudi Arabia, Kuwait, Bahrain, Qatar, Oman,
UAE, Iraq, Jordan, Lebanon, Iran, North and South Yemen, Nigeria,
Libya, Malta and Cyprus and such other areas that may be designated by
the President from time to time.
Sec. 4. Functions and Jurisdiction. — The Office
shall be charged with the following powers, functions and jurisdiction:
a)
Undertake and coordinate all labor, employment and welfare service
activities in the areas covered including liaison with the relevant
agencies and entities in the host countries;
b) Promote
Filipino manpower and expertise in consonance with a sound market
development plan;
c) Protect the
interests and promote the welfare of Filipino workers;
d) Maximize
foreign exchange generation from Filipino workers and service
companies;
e) Undertake
cultural, welfare, information and legal assistance to Filipino workers
and where appropriate, to Filipino companies;
f) Enter into
contracts with the private sector, whether Filipino or foreign, such as
contractors, service companies and government agencies or
instrumentalities for the promotion of Filipino manpower and services
in the area. Any commission, fee or other income arising from such
contracts and other marketing or service operations and activities
shall be constituted into a revolving fund and shall be made available
for the operational expenses of the Office;
g) To approve,
endorse and cause the processing of as well as monitor the
implementation of all contracts or agreements entered into by and
between Filipino companies and their foreign
principals/clients/partners or by and between workers and their
employers in the areas covered;
h) Provisions
of existing laws notwithstanding, to hear, try and decide cases and all
matters involving employer-employee relations including money claims
arising out of or by virtue of any law or contracts involving Filipino
workers for overseas employment in the area including disability or
death claims arising from or in connection with the employment of
workers. The decision of the Office shall be final and executory
subject only to appeal to the Minister of Labor and Employment whose
decision are final and unappealable;
i) To suspend
or revoke authorities to participate and deploy workers of agencies or
companies in the areas covered for the violation of any provision of
the Labor Code as amended and of this Order and, as may be warranted,
impose fines or such other penalties on recruiters, contractors,
principals or workers; and
j) To maintain
a permanent and integrated Registry of all workers and companies
employing Filipinos in the area of coverage including all contracts
entered into by these companies and workers.
Sec. 5. Assistance of and Coordination with
Pertinent Offices. — In the exercise of its functions and papers
heretofore enumerated, the Office may call upon, enlist the assistance
and coordinate with the following agencies and such other offices as
may be necessary to effectively undertake its functions and
responsibilities:
a)
The overseas employment offices of the Ministry of Labor and
Employment;
b) The
Ministry of Foreign Affairs;
c) The
Ministry of Tourism;
d) The
Construction Industry Authority;
e) The Central
Bank of the Philippines;
f) The
Ministry of Justice;
g) The Manila
International Airport Authorities; and
h) The
One-Stop Processing Center to be set up in the Ministry of Labor and
Employment and
the Labor Assistance Center
to be established at the Manila International Airport.
Sec. 6. Funding, Staffing and Compensation. —
a) The Office shall initially be funded out of
contributions from the Workers’ Welfare Fund (WELFUND) of Seven Million
Pesos (P7,000,000.00) which sum shall be released immediately by the
Minister of the Budget. Thereafter, the WELFUND shall allocate
one-fourth of the preceding year’s incremental collections as annual
contribution to the operations of the Office. In addition, the annual
operating budget of the Office shall be included in the General
Appropriations Act.
b) The Office shall prepare a staffing pattern for
approval by the Minister of Labor and Employment consistent with its
functions and responsive to the requirements of the area services in
accordance with existing Civil Service and OCPC rules, provided that in
the case of those on foreign assignment, the appropriate foreign
service guidelines shall apply.
Sec. 7. The Minister of the Budget shall
immediately release from the National Treasury to the Welfare Fund for
Overseas Workers the total accrued deposits to the National Treasury
from welfare fund contributions of the Bureau of Employment Services,
the Overseas Employment Development Board and the National Seamen Board
in accordance with Presidential Decrees 1694 and 1809.
Sec. 8. Implementing Rules and Regulations. — The
head of the Office shall prepare the implementing rules and regulations
of this Order for approval by the Minister of Labor and Employment
within thirty (30) days from its effectivity.
Sec. 9. The Chairman of the Commission on Audit
shall take steps to install adequate controls on the expenditure of the
Welfare Fund as this relates to this Executive Order.
Sec. 10. Effectivity. — This Order shall take
effect immediately.
Approved: March 25, 1982
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Since 19.07.98.