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: EXECUTIVE ORDERS
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EXECUTIVE ORDER NO. 1022
EXECUTIVE ORDER NO. 1022 - ON
STRENGTHENING THE ADMINISTRATIVE AND OPERATIONAL CAPABILITIES OF THE
OVERSEAS EMPLOYMENT PROGRAM
WHEREAS, changed realities in the
international labor market have brought keener competition among labor
supplying countries for diminishing job opportunities and also the
lowering of employment benefits under totally different terms and
conditions of employment;
WHEREAS, this development overseas requires the fine tuning of overseas
employment policies and the adoption of new and innovative approaches
both at the administrative and operational levels of the overseas
employment program if it has to maintain relevance and remain highly
competitive;
WHEREAS, in pursuance with the above considerations, there is a
compelling need to assure the continued and efficient delivery of
services and maintenance of critical operations of the overseas
employment program;
WHEREAS, there is the necessity of continuing the fight against illegal
recruitment in order to prevent innocent applicants for jobs overseas
from being fleeced of their hard earned possessions for non-existent
jobs overseas;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order;
1.
the intensification of the campaign against illegal recruitment
particularly on the three important aspects of information
dissemination, arrest and prosecution of offenders. The closure and
arrest power granted to the Minister of Labor and Employment or his
duly authorized representatives under P.D. 1920 is hereby expanded to
include authority to seize any and all documents involved in an illegal
recruitment operation. A yearly allocation of P3 million chargeable
against the Welfare Fund is hereby authorized for the intensive and
massive implementation of P.D. 1920 including the hiring of additional
personnel for purposes of prosecution and special operations.
2. the
establishment of an Employment Guarantee Trust Fund for workers hired
on a government-to-government arrangement which shall be used to answer
for monetary claims of workers arising from inadequate or
unsatisfactory enforcement of contractual obligations by foreign
government entities as employers. For this purpose, an amount of US TEN
DOLLARS (US $10.00) shall be set aside from the welfare fund
contributions paid by the foreign government employers for each worker
hired through POEA. The fund shall be managed by POEA which shall,
together with the Office of Budget and Management and the Commission on
Audit, issue the necessary implementing guidelines.
3. the
immediate completion and operationalization of the infrastructure
component of the One-Stop Processing Center for overseas workers and
the streamlining of its operations. For this purpose, the authority
granted under Letter of Instructions No. 1319 is hereby extended for a
period of twelve (12) months retroactive to May 1984. Subsequently,
POEA is allowed the use of ten percent (10%) of its annual income for
the maintenance of the physical facilities of the One-Stop Processing
Center.
4. the
Ministry of Labor and Employment and the Ministry of Foreign Affairs to
study and implement where possible the grant of amnesty to Filipinos
who left the country as tourists but were able to find employment
overseas and who now want to regularize their status overseas as
contract workers.
5. the
formulation of guidelines allowing the consolidation or merger or the
conversion into partnerships or corporation of licensed private
employment agencies, manning agencies or contractors with the view of
upgrading or raising their capabilities to meet the stiff competition
in the international labor market and to enable them to better comply
with their responsibilities arising from the recruitment and deployment
of workers overseas. The prohibition of the issuance of new licenses
under LOI No. 1190 shall not apply to the new entity created by reason
of the above merger, consolidation or upgrading.
6. the
maximization of overseas job opportunities for Filipino construction
workers and for this purpose, the repeal of the exclusive privilege
granted to local construction companies to export Filipino construction
workers under LOI No. 852.
7. the
authorization of the Ministry of Labor and Employment and its
designated representatives in Philippine foreign missions to collect a
service fee for the verification of overseas employment contracts,
recruitment agreement or special powers of attorney and the setting
aside of a special fund from the collection of these fees to be used
exclusively for the promotion of overseas employment and for welfare
services to Filipino workers within the area of jurisdiction of said
foreign missions under the administration of the MOLE.
Done in the City of Manila,
this First day of May in the year of Our Lord nineteen hundred and
eighty five.
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