EXECUTIVE ORDER NO. 247
EXECUTIVE ORDER NO. 247 - RGANIZING
THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION AND FOR OTHER PURPOSES
WHEREAS,
Executive Order No. 5 (1986), provides that the necessary and proper
changes in the organizational and functional structures of the
government, its agencies and instrumentalities need to be effected to
promote efficiency and effectiveness in the delivery of public
services;
WHEREAS, it has become necessary to institute changes in the functional
structure of the Philippine Overseas Employment Administration in order
to enhance its effectiveness in responding to changing market and
economic conditions and to the call of the national development plan
for the strengthening of the worker protection and regulation
components of the overseas employment program; and
WHEREAS, the Philippine Overseas Employment Administration has to
systematize its operations by rationalizing its functions, structure
and organization to make it more efficient in undertaking its principal
function of formulating and implementing and monitoring the overseas
employment of Filipino workers and for protecting their rights to fair
and equitable employment practices, and in order that it may respond
more effectively to the new demands for more meaningful welfare
services to workers, better protection of their rights, more efficient
adjudication of cases and more efficient manpower delivery system.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the sovereign will of the Filipino
people and the Constitution, do hereby order:
Section 1. Title. — This Executive Order shall
otherwise be known as the Reorganization Act of the Philippine Overseas
Employment Administration.
Sec. 2. Reorganization. — The Philippine Overseas
Employment Administration hereinafter referred to as the Administration
is hereby reorganized, structurally and functionally in accordance with
the provisions of the Executive Order.
Sec. 3. Powers and Functions. — In the pursuit of
its mandate, the Administration shall have the following powers and
functions:
(a)
Regulate private sector participation in the recruitment and overseas
placement of workers by setting up a licensing and registration system;
(b) Formulate
and implement, in coordination with appropriate entities concerned,
when necessary, a system for promoting and monitoring the overseas
employment of Filipino workers taking into consideration their welfare
and the domestic manpower requirements;
(c) Protect
the rights of Filipino workers for overseas employment to fair and
equitable recruitment and employment practices and ensure their welfare;
(d) Exercise
original and exclusive jurisdiction to hear and decide all claims
arising out of an employer-employee relationship or by virtue of any
law or contract involving Filipino workers for overseas employment
including the disciplinary cases; and all pre-employment cases which
are administrative in character involving or arising out of violation
of requirement laws, rules and regulations including money claims
arising therefrom, or violation of the conditions for issuance of
license or authority to recruit workers.
All
prohibited recruitment activities and practices which are penal in
character as enumerated and defined under and by virtue of existing
laws, shall be prosecuted in the regular courts in close coordination
with the appropriate Departments and agencies concerned.
(e) Maintain a
registry of skills for overseas placements;
(f) Recruit
and place workers to service the requirement for trained and competent
Filipino workers by foreign governments and their instrumentalities and
such other employers as public interest may require;
(g) Promote
the development of skills and careful selection of Filipino workers for
overseas employment.
(h) Undertake
overseas market development activities for placement of Filipino
workers;
(i) Secure the
best terms and conditions of employment of Filipino contract workers
and ensure compliance therewith;
(j) Promote
and protect the well-being of Filipino workers overseas;
(k) Develop
and implement programs for the effective monitoring of returning
contract workers, promoting their re-training and re-employment or
their smooth-re-integration into the mainstream of national economy in
coordination with other government agencies;
(l) Institute
a system for ensuring fair and speedy disposition of cases involving
violation of recruitment rules and regulations as well as violation of
terms and conditions of overseas employment;
(m) Establish
a system for speedy and efficient enforcement of decisions laid down
through the exercise of its adjudicatory function;
(n) Establish
and maintain close relationship and enter into joint projects with the
Department of Foreign Affairs, Philippine Tourism Authority, Manila
International Airport Authority, Department of Justice, Department of
Budget and Management and other relevant government entitles, in the
pursuit of its objectives. The Administration shall also establish and
maintain joint projects with private organizations, domestic or
foreign, in the furtherance of its objectives.
Sec. 4. Structural Organization. — The
Administration shall consist of the Governing Board, the Office of the
Administrator, the Offices of such number of Deputy Administrators as
may be necessary, Office of the Director for each of the principal
subdivisions of its internal structure:
(a)
The Governing Board shall be composed of the Secretary of Labor and
Employment as Chairman, the Administrator and a third member,
considered well-versed in the field of overseas employment who shall be
appointed by the President to serve for a term of two (2) years;
(b) The
Administrator and such Deputy Administrator and Directors as may be
necessary shall be appointed by the President upon recommendation of
the Secretary.
(c) The
functional structure of the Administration shall be established along
the areas of: market development, employment, welfare, licensing,
regulation and adjudication. Each of the principal substantive
subdivisions of the Administration shall be headed by a Director and
shall have such departments and units as may be necessary.
Sec. 5. Regional Extension Units. — The
Administration is hereby authorized to set up regional extension units
in such regions as the Governing Board may determine to be necessary to
promote efficient and economic delivery of its services. The regional
extension units shall be under the administrative supervision of the
Labor Regional Director. It shall have, among others, the following
functions:
(a)
Execute the policies, plans and programs of the Administration in the
regions outside of the Metro Manila area;
(b) Coordinate
with local government officials on the matter of implementation of the
Administration’s program on overseas employment;
(c) Advise the
central office on the needs of the region for particular welfare and
regulatory programs;
(d) Establish
linkages with other allied government agencies in the pursuance of the
objectives of the overseas employment program;
(e) Coordinate
the anti-illegal recruitment campaign in the regions;
(f) Perform
other functions as the Administration may deem necessary.
Sec. 6. New Structure and Pattern. — Upon approval
of this Executive Order, the officers and employees of the Philippine
Overseas Employment Administration shall, in a hold-over capacity,
continue to perform their respective duties and responsibilities and
receive the corresponding salaries and benefits unless in the meantime
they are separated from the service. The new structure and staffing
pattern for the Philippine Overseas Employment Administration shall be
approved and prescribed by the Secretary of the Department of Labor and
Employment, within one hundred twenty (120) days from the approval of
this Executive Order and the authorized positions created thereunder
shall be filled with regular appointments by the Secretary of the
Department of Labor and Employment or the President as the case may be.
Those incumbents whose positions are not included therein or who are
not reappointed shall be deemed separated from the service. Those
separated from the service shall receive the retirement benefits to
which they may be entitled under existing laws, rules and regulations.
Otherwise, they shall be paid the equivalent of one-month salary for
every year of service, or fraction thereof, computed on the basis of
the highest salary received, but in no case shall such payment exceed
the equivalent of twelve (12) months salary.
Sec. 7. Prohibition Against the Organizational
Change. — No change in the reorganization herein prescribed shall be
valid except upon approval of the President for the purpose of
promoting efficiency and effectiveness in the delivery of public
service.
Sec. 8. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from funds available
in the Administration.
Sec. 9. Implementing Authority of Secretary. — The
Secretary shall issue such rules, regulations and other issuances as
may be necessary to ensure the effective implementation of the
provisions of this Executive Order.
Sec. 10. Separability Clause. — Any portion or
provision of this Executive Order that may be declared unconstitutional
shall not have the effect of nullifying other portions or provisions
that can still subsist and be given effect in their entirety.
Sec. 11. Repealing Clause. — All laws, ordinances,
rules, regulations, other issuances or parts thereof, which are
inconsistent with this Executive Order are hereby repealed or modified
accordingly.
Sec. 12. Effectivity. — This Executive Order shall
take effect immediately.
APPROVED in the City of Manila,
Philippines, this 24th day of July, in the year of Our Lord, nineteen
hundred and eighty-seven.
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Since 19.07.98.