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Constitution, Art II

Section 9. The State shall promote a just and

dynamic social order that will ensure the

prosperity and independence of the nation

and free the people from poverty through

policies that provide adequate social services,

promote full employment, a rising standard of

living, and an improved quality of life for all. cralawAr

Art XIII Labor

Section 3. The State shall afford full protection to

labor, local and overseas, organized and

unorganized, and promote full employment and

equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-

organization, collective bargaining and negotiations,

and peaceful concerted activities, including the right

to strike in accordance with law. They shall be

entitled to security of tenure, humane conditions of

work, and a living wage. They shall also participate in

policy and decision-making processes affecting their

rights and benefits as may be provided by law.

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(RA8042) Migrant Workers and Overseas Filipinos Act of 1995

SEC. 2. DECLARATION OF POLICIES--

(a) In the pursuit of an independent foreign policy and while

considering national sovereignty, territorial integrity, national

interest and the right to self-determination paramount in its

relations with other states, the State shall, at all times, uphold

the dignity of its citizens whether in country or overseas, ingeneral, and Filipino migrant workers, in particular.

(b) The State shall afford full protection to labor, local and

overseas, organized and unorganized, and promote full

employment and equality of employment opportunities for all.

Towards this end, the State shall provide adequate and timely

social, economic and legal services to Filipino migrant workers.

(c) While recognizing the significant contribution of Filipino

migrant workers to the national economy through their foreign

exchange remittances, the State does not promote overseas

employment as a means to sustain economic growth andachieve national development. The existence of the overseas

employment program rests solely on the assurance that the

dignity and fundamental human rights and freedoms of the

Filipino citizens shall not, at any time, be compromised or

violated. The State, therefore, shall continuously create local

employment opportunities and promote the equitable

distribution of wealth and the benefits of development.

(g) The State recognizes that the ultimate protection to all

migrant workers is the possession of skills. Pursuant to this and

as soon as practicable, the government shall deploy and/or

allow the deployment only to skilled Filipino workers.

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I.WORKER

(LC) ART. 13. (a) "Worker"means any member of the

labor force, whether employed or unemployed.

(RA8042) Sec3- (a) "Migrant worker" refers to a

person who is to be engaged, is engaged or has been

engaged in a renumerated activity in a state of

which he or she is not a legal resident to be used

interchan eabl with overseas Fili ino worker.

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II.PRIVATE EMPLOYMENT AGENCY

(LC) ART. 13. (c) "Private fee-charging employment agency"

means any person or entity engaged in recruitment and

placement of workers for a fee which is charged, directly or

indirectly, from the workers or employers or both.

(d) "License"means a document issued by the Department of

Labor authorizing a person or entity to operate a privateemployment agency.

Art 12 f) To strengthen the network of public employment

offices and rationalize the participation of the private sector in

the recruitment and placement of workers, locally and overseas,

to serve national development objectives;

ART. 14.Employment promotion. - The Secretary of Labor shall

have the power and authority:

(a) To organize and establish new employment offices inaddition to the existing employment offices under the

De artment of Labor as the need arises;

III.PRIVATE RECRUITEMENT ENTITY

(LC) ART. 13. (e) "Private recruitment entity"means

any person or association engaged in the

recruitment and placement of workers, locally or

overseas, without charging, directly or indirectly, any

fee from the workers or employers. r

(f) "Authority"means a document issued by the

Department of Labor authorizing a person or

association to engage in recruitment and placementactivities as a private recruitment entity.

a. Employment Policies

B1. Employment Agencies

1. Parties

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I. LOCAL EMPLOYMENT

Art 13. (b) "Recruitment and placement"refers to

any act of canvassing, enlisting, contracting,

transporting, utilizing, hiring or procuring workers,

and includes referrals, contract services, promising

or advertising for employment, locally or abroad,

whether for profit or not: Provided, That any person

or entity which, in any manner, offers or promises

for a fee, employment to two or more persons shall

be deemed engaged in recruitment and placement.

II OVERSEAS EMPLOYMENT

RA8042 Sec. 6. DEFINITIONS. - For purposes of this

Act, illegal recruitment shall mean any act of

canvassing, enlisting, contracting, transporting,

utilizing, hiring, procuring workers and includes

referring, contact services, promising or advertising

for employment abroad, whether for profit or not,

when undertaken by a non-license or non-holder of

authority contemplated under Article 13(f) of

Presidential Decree No. 442, as amended, otherwise

known as the Labor Code of the Philippines.

Provided, that such non-license or non-holder, who,

in any manner, offers or promises for a fee

employment abroad to two or more persons shall bedeemed so engaged. It shall likewise include the

following acts, whether committed by any persons,

whether a non-licensee, non-holder, licensee or

holder of authorit .

I.Allowed Private Agencies and Entities

Art12 f) To strengthen the network of public employment

offices and rationalize the participation of the private sector inthe recruitment and placement of workers, locally and

overseas, to serve national development objectives

Art 16Private recruitment. - Except as provided in Chapter II of

this Title, no person or entity other than the public

employment offices, shall engage in the recruitment and

placement of workers.

ART. 18. Ban on direct-hiring.- No employer may hire a

Filipino worker for overseas employment except through the

Boards and entities authorized by the Secretary of Labor.

Direct-hiring by members of the diplomatic corps,

international organizations and such other employers as may

be allowed by the Secretary of Labor is exempted from this

provision.

ART. 25. Private sector participation in the recruitment and

placement of workers. - Pursuant to national development

objectives and in order to harness and maximize the use of

private sector resources and initiative in the development and

implementation of a comprehensive employment program,

the private employment sector shall participate in therecruitment and placement of workers, locally and overseas,

under such guidelines, rules and regulations as may be issued

by the Secretary of Labor.

II.Prohibited Business Agencies and Entities

ii.1 Direct Hiring-Art 18

II.2 Travel Agencies

ART. 26. Travel agencies prohibited to recruit.- Travel agencies

and sales agencies of airline companies are prohibited fromengaging in the business of recruitment and placement of

workers for overseas employment whether for profit or not.

2. Recruitment And Placement 3. Allowed and Protected Entities