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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 852 |
Minister of Foreign Affairs
Minister of Tourism
Minister of Finance
Chairman, Overseas Construction Board
Chairman, Overseas Employment Development Board
Officer-In-Charge, Travel Processing Center
WHEREAS, it is the policy of the Government to support the development of the Filipino overseas construction industry;
WHEREAS, a part of that Government support entails setting of complementary policies such as those concerning the exportation of Filipino construction workers under conditions that are consistent with the Government's concern for the protection and welfare of the workers;
WHEREAS, there have been recurring incidents where Filipino construction workers are recruited by or for foreign contractors under conditions that run counter to our efforts to develop our overseas construction industry and, at the same time, fail to provide the necessary safeguards for the well-being of the workers;
WHEREAS, there is a need to define clearly the responsibilities of government agencies that are involved in regulating the operations of overseas construction companies and implementing policies related to the welfare of our workers;
WHEREAS, there is a need to take appropriate measures that will anticipate and prevent the occurrence of similar problems in the export of workers in industries other than construction;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, hereby prescribe the following policies and guidelines:
1.
Effective this date, only Filipino construction companies may export
Filipino construction workers. The Ministry of Labor and the Overseas
Construction Board shall determine the appropriate rules and
regulations in this regard;
2. The
Ministry of Labor shall process construction workers for employment in
overseas construction projects, only if such workers are employed by
companies registered with the Overseas Construction Board. Companies
now registered with the Bureau of Employment Services, Ministry of
Labor, but not registered with the Overseas Construction Board may
continue to export Filipino construction workers, provided that said
companies shall register with the Overseas Construction Board within
one (1) year from the date of this Letter of Instructions.
3. The
Overseas Construction Board, in consultation with the Ministry of
Labor, shall establish and implement the rules and regulations that
will require "labor supply only" Filipino subcontractors in overseas
projects to upgrade their contracts within a reasonable period, but not
exceeding two (2) years from the date of this LOI. Upgrading in this
instance shall mean taking on additional responsibility in the
implementation of a project such as, but not limited to, providing
materials, equipment, management, etc., rather than supply labor only.
4. The
Overseas Employment Development Board shall limit its recruitment and
placement of Filipino construction workers only to those that will be
employed by foreign government in projects supervised and administered
by such governments, and as employees of said foreign governments;
5. The
Ministers of Labor, Foreign Affairs, Tourism, and Finance, and the
Officer-in-Charge of the Travel Processing Center shall, as a Committee
for the purpose, establish measures that will inhibit the abuse of
tourism travel as a means to obtain overseas employment contrary to the
purposes and intents of this LOI.
6. The
Ministry of Labor shall establish measures to develop the exportation
of Filipino workers in corporate groups, rather than as individuals in
the other industries such as, but not limited to, mining, hotel
administration, and ports/stevedoring operations.
Done in the City of Manila, this 1st day of May, 1979.
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