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BOOK ONE action cases against migrant workers, foreign employers and

PRE-EMPLOYMENT principals that are administrative in character.

Section 2. Venue. Any complaint involving disciplinary action


Art. 12. Statement of objectives. It is the policy of the State: cases shall be filed with the Adjudication Office of the
1 To promote and maintain a state of full employment Administration.
through improved manpower training, allocation and
utilization;
RULE II - DISCIPLINARY ACTIONS AGAINST
2 To protect every citizen desiring to work locally or PRINCIPALS/EMPLOYERS
overseas by securing for him the best possible terms and
Section 1. Grounds for Disciplinary Action Against Foreign
conditions of employment;
Principals/Employers :
3 To facilitate a free choice of available employment by a Default on its contractual obligations to the migrant
persons seeking work in conformity with the national worker and/or to its Philippine agent;
interest; b Gross violation of laws, rules and regulations on overseas
employment;
4 To facilitate and regulate the movement of workers in c Gross negligence leading to serious injury or illness or
conformity with the national interest; death of the worker;
5 To regulate the employment of aliens, including the d Grave misconduct;
e Conviction of an offense involving moral turpitude;
establishment of a registration and/or work permit f Any other case analogous to the foregoing.
system;
6 To strengthen the network of public employment offices Section 2. Filing of Complaint. Any aggrieved person may file a
complaint in writing and under oath for disciplinary action against
and rationalize the participation of the private sector in a principal/ employer with the Administration.
the recruitment and placement of workers, locally and The Administration may, on its own initiative, conduct
overseas, to serve national development objectives; proceedings against principals/employers based on verifiable or
official reports.
7 To insure careful selection of Filipino workers for overseas
employment in order to protect the good name of the Section 3. Contents and Form of Complaint. All complaints
Philippines abroad. shall be under oath and must contain the following:
a Name/s and address/es of the complainant/s;
b Name/s and address/es of the respondent/s;
POEA Rules and Regulations Governing the c Specific acts or omissions constituting the alleged
Recruitment and Employment of Land-Based offense;
d Place where the offense was committed;
Overseas Workers
e Date when the offense was committed;
f Relief sought.
PART I - GENERAL PROVISIONS
All supporting documents must be attached to the complaint,
RULE II - DEFINITION OF TERMS
whenever possible.
8. Documentation cost shall refer to actual cost incurred in the
Section 4. Temporary disqualification. A foreign employer/
documentation of an applicant worker in relation to his/her
principal against whom a complaint for disciplinary action has
application for overseas employment, such as, but not limited to
been filed shall be temporarily disqualified from participating in
passport, NBI/ Police/Barangay clearance, authentication, birth
the overseas employment program until the respondent submits
certificate, Medicare, PDOS, trade test, inoculation and medical
to the jurisdiction of the Administration.
examination fees.
Section 5. Effect of Filing an Answer. Upon filing of an answer,
PART III - PLACEMENT BY THE PRIVATE SECTOR
the respondent employer shall be qualified to participate in the
RULE III - DOCUMENTATION OF LANDBASED WORKERS BY
overseas employment program without prejudice to the outcome
THE PRIVATE SECTOR
of the investigation whereby the proper penalty shall be imposed.
Section 8. Ban on Direct Hires. No foreign principal or
Section 6. Preventive Suspension. A principal/employer may
employer may hire a Filipino worker for overseas employment
be suspended from participating in the overseas employment
except through the boards and entities authorized by the
program pending investigation of the disciplinary action case
Secretary. Direct hiring by members of the diplomatic corps,
when the evidence of guilt is strong and there is reasonable
international organizations and such other employers as may be
ground to believe that the continued deployment to the
allowed by the Secretary is exempt from this provision.
principal/employer will result to further violation or exploitation of
migrant workers.
PART VI - RECRUITMENT VIOLATION AND RELATED CASES
The Hearing Officer shall, within sixty (60) calendar days from
RULE V - APPEAL/PETITION FOR REVIEW
the filing of the case, submit his findings and recommendations in
the form of a draft order.
Section 1. Jurisdiction. The Secretary of Labor and Employment
shall have exclusive jurisdiction to act on appeals/petitions for
Section 7. Handling of Cases. The procedure provided in this
review of recruitment violation cases and other related cases
Book shall also apply to disciplinary action cases involving foreign
decided by the Administration.
employers/principals.
Section 2. Period to Appeal. The party aggrieved by a decision
Section 8. Disqualification of Foreign Employers/Principals.
of the Administration may appeal the same to the Secretary of
Foreign employers/principals against whom the penalty of
Labor and Employment within fifteen (15) calendar days from
suspension or disqualification had been imposed through an order,
receipt of a copy of the decision. Failure of the aggrieved party to
decision or resolution shall be disqualified from participating in the
perfect his appeal within the reglementary period shall render the
overseas employment program unless cleared by the
decision of the Administration final and executory.
Administration or the penalty imposed is lifted.
PART VII DISCIPLINARY ACTION CASES
RULE III - DISCIPLINARY ACTION AGAINST OVERSEAS
RULE I - JURISDICTION AND VENUE
WORKERS
Section 1. Jurisdiction. The Administration shall exercise
original and exclusive jurisdiction to hear and decide disciplinary
Section 1. Grounds for Disciplinary Action. Commission by a
migrant worker of any of the offenses enumerated below or of Section 1. Jurisdiction. The Secretary shall have the exclusive
similar offenses shall be a ground for disciplinary action: jurisdiction to act on appeals/petitions for review of disciplinary
A Pre-Employment Offenses action cases decided by the Administration.
1 Using, providing, or submitting false information or
documents for purposes of job application or Section 2. Filing of Appeal/Petition. Appeals/Petitions for
employment. Review shall be filed with the Administration within fifteen (15)
2 Unjustified refusal to depart for the worksite after calendar days from receipt of the decision by the appealing or
all employment and travel documents have been petitioning party.
duly approved by the appropriate government
agency/ies. POEA Rules Governing the Recruitment and
B Offenses during Employment Employment of Seafarers
1 Commission of a felony or crime punishable by
Philippine Laws or by the laws of the host country; PART IV - EMPLOYMENT STANDARDS
2 Unjustified breach of employment contract; RULE VI - APPEAL/PETITION FOR REVIEW
3 Embezzlement of company funds or monies and/or
properties of a fellow worker entrusted for delivery Section 1. Jurisdiction. The Secretary shall have exclusive
to kin or relatives in the Philippines; and jurisdiction to act on appeals/petitions for review of recruitment
4 Violation/s of the sacred practices of the host violation cases and other related cases decided by the
country. Administration.

Section 2. Filing of Complaint. Any person may file a complaint Section 2. Period to Appeal. The party aggrieved by a decision
in writing and under oath for disciplinary action against a migrant of the Administration may appeal the same to the Secretary of
worker with the Administration. Labor and Employment within fifteen (15) calendar days from
The Administration may, on its own initiative, conduct receipt of a copy of the decision. Failure of the aggrieved party to
proceedings against a migrant worker on the basis of verifiable or perfect his appeal within the
official reports. reglementary period shall render the decision of the
Administration final and executory.
Section 3. Contents and Form of Complaint. All complaints
shall be under oath and must contain, among others, the PART VI - DISCIPLINARY ACTION CASES
following: RULE II - DISCIPLINARY ACTION AGAINST SEAFARERS
a Name/s and address/es of the complainant/s;
b Name/s and address/es of the respondent/s; Section 1. Grounds for Disciplinary Action and their
c Specific act/s or omission/s constituting the alleged Penalties. Commission by a seafarer of any of the offenses
offense; enumerated below or of similar offenses shall be a ground for
d Place where the offense was committed; disciplinary action for which the corresponding penalty shall be
e Date when the offense was committed; and imposed:
f The relief/s sought. A Pre-Employment Offenses
All supporting documents must be attached to the complaint, 1 Submission/furnishing or using false information or
whenever possible. documents or any form of misrepresentation for
purpose of job application or employment.
Section 4. Exempting Circumstances. The following 1st Offense: One year to two years suspension
from participation in the overseas
considerations shall be legitimate reasons for the refusal of a employment program
worker to depart for the worksite, or to abandon or withdraw from 2nd Offense: Two years and one day suspension
employment: from participation in the overseas
a Exposure to hazardous, demeaning working and living employment program to Delisting from the
conditions; POEA Registry
b Refusal of the employer or principal to grant, release or 2 Unjust refusal to join ship after all employment and
travel documents have been duly approved by the
remit wages and other benefits due the worker;
appropriate government agencies.
c War, plague or other calamities at the worksite; and 1st Offense: One year to two years suspension
d Violation of labor laws of the Philippines, the host country from participation in the overseas
or international labor laws; employment program
2nd Offense: Two years and one day suspension
Section 5. Handling of Cases. The procedures provided in this from participation in the overseas
Book shall apply in disciplinary cases involving workers. employment program to Delisting from the
POEA Registry
B Offenses During Employment
Section 6. Temporary disqualification from overseas 1 Smuggling or violation of any custom rules and
employment. A respondent worker subject of a pending regulations of the Philippines and of foreign ports
complaint for disciplinary action, as provided in Section 1 (A&B) of a Smuggling any taxable item
Rule III, Part VII of these Rules, or those against whom a warrant of 1st Offense: One year to Two years
arrest or hold departure order is issued by competent authority suspension from POEA Registry
shall be disqualified from overseas employment unless 2nd Offense: Two years and one day
suspension to Delisting from POEA
temporarily cleared. Registry
b Possession or use of prohibited drugs, narcotics
Section 7. Effect of Filing of an Answer. Upon filing of an and other contraband
answer, the respondent worker shall be qualified for overseas 1st Offense: Delisting from POEA Registry
employment without prejudice to the outcome of the investigation c Gun-running or possession of explosives and
whereby the proper penalty may be imposed. the like
1st Offense: Delisting from POEA Registry
d Misdeclaration of or failing to declare articles
Section 8. Disqualification from Overseas Employment. leading to their seizure and fine to vessel
Migrant workers against whom suspension or disqualification has 1st Offense: One year to Two years
been imposed through an order, decision, or resolution shall be suspension
disqualified from overseas employment unless cleared by the 2nd Offense: Two years and one day
Administration or the penalty imposed had been lifted. suspension to Delisting from POEA
Registry
e Misdeclaration of or failing to declare articles
Section 9. Preventive Suspension. A migrant worker may be
leading to their seizure but vessel is not
preventively suspended when the evidence of guilt is strong and implicated
the charge involves a serious offense. 1st Offense: One year to Two years
suspension
RULE V - APPEAL/PETITION FOR REVIEW
2nd Offense: Two years and one day 1st Offense: Delisting from POEA Registry
suspension to Delisting from POEA e Behaving with disrespect towards a superior
Registry officer
f Possession of pornographic materials leading to 1st Offense: Six (6) months to one (1) year
its seizure and fine to vessel suspension
1st Offense: One year to Two years 2nd Offense: One (1) year and one (1) day
suspension to Three (3) years suspension
2nd Offense: Two years and one day 3rd Offense: Three (3) years and one (1)
suspension to Delisting from POEA day suspension to Delisting from POEA
Registry Registry
g Any other violation which will not implicate the f Insulting a superior officer by words or deed
vessel 1st Offense: Six (6) months to one (1) year
1st Offense: One year to Two years suspension
suspension 2nd Offense: One (1) year and one (1) day to
2nd Offense: Two years and one day Three (3) years suspension
suspension to Delisting from POEA 3rd Offense: Three (3) years and one (1) day
Registry suspension to Delisting from POEA
h Any violation which will implicate the vessel Registry
1st Offense: Three (3) years suspension to g Inciting another to commit insubordination
Delisting from POEA Registry 1st Offense: Six (6) months to one (1) year
2 Desertion suspension
a Deserting or attempting to desert employment 2nd Offense: One (1) year and one (1) day to
1st Offense: Delisting from POEA registry Three (3) years suspension
b Advising, assisting or persuading another to 3rd Offense: Three (3) years and one (1) day
desert employment suspension to Delisting from POEA
1st Offense: Five (5) years suspension to registry
Delisting from POEA Registry 6 Drunkenness
3 Absence without leave a Being drunk while on duty
a Abandoning the post or duty without being 1st Offense: Two (2) years to Three
properly relieved (3) years suspension
1st Offense: One year suspension to Two 2nd Offense: Three (3) years and
years suspension one (1) day suspension to
2nd Offense: Two years and one day Delisting from POEA Registry
suspension to Delisting from POEA b Creating trouble on board due to
registry intoxication
b Leaving the vessel without permission from 1st Offense: Six (6) months to one
responsible officers during working hours (1) year suspension
1st Offense: One year suspension to two 2nd Offense: One (1) year and one
years suspension (1) day to Three (3) years
2nd Offense: Two years and one day suspension
suspension to Delisting from POEA 3rd Offense: Three (3) years and
registry one (1) day suspension to
c Entrusting to others assigned duties without Delisting from POEA Registry
authority of the department head c Failure to perform assigned jobs due to
1st Offense: Six (6) months to one (1) year intoxication
suspension 1st Offense: Six (6) months to one
2nd Offense: One (1) year and one (1) day (1) year suspension
to Two (2) years suspension 2nd Offense: One (1) year and one
3rd Offense: Two (2) years and one (1) day (1) day to Three (3) years
suspension to Delisting from POEA suspension
registry 3rd Offense: Three (3) years and
d Leaving the vessel without permission one (1) day suspension to
1st Offense: Six (6) months to one (1) year Delisting from POEA Registry
suspension 7 Creating trouble outside the vessels premises
2nd Offense: One (1) year and one (1) day 1st Offense: Six (6) months to one (1) year
to Two (2) years suspension suspension
3rd Offense: Two (2) years and one (1) day 2nd Offense: One (1) year and one (1) day
suspension to Delisting from POEA to Three (3) years suspension
registry 3rd Offense: Three (3) years and one (1)
4 Sleeping on post while on duty day suspension to Delisting from POEA
1st Offense: One (1) year suspension to two Registry
(2) years suspension 8 Gambling
2nd Offense: Two (2) years and one (1) day a Which results in fighting or any incident
suspension to Delisting from POEA as to upset the harmonious relationship
registry on board the vessel
5 Insubordination 1st Offense: One (1) year to two (2)
a Any act of disobedience to lawful orders of a years suspension
superior officer 2nd offense: Two (2) years and one
1st Offense: One (1) year suspension to two (1) day suspension to Delisting
(2) years suspension from POEA Registry
2nd Offense: Two (2) years and one (1) day b Any other form of gambling which is not
suspension to Delisting from POEA purely recreational
registry 1st Offense: Six (6) months to one
b Attempting to assault a superior officer (1) year suspension
1st Offense: Six (6) months to one (1) year 2nd Offense: One (1) year and one
suspension (1) day to Three (3) years
2nd Offense: One (1) year and one (1) day suspension
to Two (2) years suspension 3rd Offense: Three (3) years and
3rd Offense: Two (2) years and one (1) day one (1) day suspension to
suspension to Delisting from POEA Delisting from POEA Registry
Registry 9 Violation of company policies and regulations
c Assaulting a superior officer/other persons on a Pilferage or theft of ships store or cargo
business with the ship without the use of deadly 1st Offense: One (1) year to two (2)
weapon years suspension
1st Offense: One (1) year suspension to two 2nd Offense: Two (2) years and one
(2) years suspension (1) day suspension to Delisting
2nd Offense: Two (2) years and one (1) day from POEA Registry
suspension to Delisting from POEA b Embezzlement of company funds or
Registry monies and/or properties of a fellow
d Assaulting a superior officer/other persons on worker entrusted for delivery to kin or
business with the ship with the use of deadly relatives in the Philippines
weapon
1st Offense: One (1) year to two (2) 2nd Offense: Three years and one day
years suspension suspension to Delisting from POEA
2nd Offense: Two (2) years and one Registry
(1) day suspension to Delisting 12 Concerted action to breach approved contracts
from POEA Registry 1st Offense: Two years to Three years
c Unauthorized disposal of company suspension
vessels properties for personal gain 2nd Offense: Three years and one day
1st Offense : One (1) year to two (2) suspension to Delisting from POEA
years suspension Registry
2nd Offense: Two (2) years and one 13 Any activity which tends to destroy harmonious
(1) day suspension to Delisting relationship of the company
from POEA Registry 1st Offense : One year to Two years
d Any act of dishonesty with intention to suspension
defraud the company 2nd Offense: Two years and one day to
1st Offense: One (1) year to two (2) Delisting from POEA Registry
years suspension 14 Grave abuse of authority
2nd Offense: Two (2) years and one a Grave abuse of authority (with the use
(1) day suspension to Delisting of deadly weapon) resulting in harm or
from POEA Registry injury to subordinate
e Gross negligence and failure to observe 1st Offense: Delisting from POEA
proper storage and cargo handling Registry
procedures resulting in delay of vessels b Grave abuse of authority (without the
and/or damage to cargoes use of deadly weapon) resulting in harm
1st Offense: One (1) year to two (2) or injury to subordinate
years suspension 1st Offense : Two years to Three
2nd Offense: Two (2) years and one years suspension
(1) day suspension to Delisting 2nd Offense: Three years and one
from POEA Registry day suspension to Delisting
f Failure to observe and comply with from POEA Registry
regulation and non-baggage shipment c Any other case of abuse of authority
and acceptance of parcels on board 1st Offense : One year to Two years
1st Offense: Six (6) months to one suspension
(1) year suspension 2nd Offense : Two years and one
2nd Offense: One (1) year and one day to Three years suspension
(1) day to Two (2) years 3rd Offense : Three years and one
suspension day suspension to Delisting
3rd Offense: Two (2) years and from POEA Registry
one(1) day suspension to 15 Other gross misbehaviors prejudicial to good
Delisting from POEA Registry order and discipline
g Failure to observe regulations on 1st Offense : One year to Two years
expiration of shore liberty suspension
1st Offense: Six (6) months to one 2nd Offense : Two years and one day
(1) year suspension suspension to Delisting from POEA
2nd Offense: One (1) year and one Registry
(1) day to Two (2) years 16 Negligence causing, damage, loss, spoilage or
suspension deterioration of vessels stocks and property
3rd Offense: Two (2) years and 1st Offense : One year to Two years
one(1) day suspension to suspension
Delisting from POEA Registry 2nd Offense: Two years and one day
h Being left behind by vessel in foreign suspension to Delisting from POEA
port without justifiable reason Registry
1st Offense: Six (6) months to one 17 Connivance with or cuddling of stowaway
(1) year suspension 1st Offense : One year to Two years
2nd Offense: One (1) year and one suspension
(1) day to Two (2) years 2nd Offense : Two years and one day
suspension suspension to Delisting from POEA
3rd Offense: Two (2) years and Registry
one(1) day suspension to 18 Willfully making false statement, reports,
Delisting from POEA Registry certification or spurious seafarers documents
i Disorderly conduct and/or disrespect for personal gain or with intent to mislead or
towards passengers defraud the company
1st Offense: One (1) year to Two (2) 1st Offense: One year to Two years
years suspension suspension
2nd Offense: Two (2) years and one 2nd Offense: Two years and one day
(1) day to Delisting from POEA suspension to Delisting from POEA
Registry Registry
j Immorality so as to cast aspersion on 19 Any other case as to cast aspersion on the good
the good name of the vessel and name of the company and vessel
company 1st Offense: One year to Two years
1st Offense: One year to Two years suspension
suspension 2nd Offense: Two years and one day
2nd Offense: Two years and one day suspension to Delisting from POEA
to Delisting from POEA Registry Registry
k Willfully inflicting harm or injury to 20 Violation of safety and environmental
others rules/regulations
1st Offense: One year to Two years 1st Offense : One year to Two years
suspension suspension
2nd Offense: Two years and one day 2nd Offense : Two years and one day
to Delisting from POEA Registry suspension to Delisting from POEA
10 Incompetency and inefficiency Registry
1st Offense: Two years to Three years 21 Failure to observe the drug and alcohol policy of
suspension the company
2nd Offense: Three years and one day 1st Offense : One year to Two years
suspension to Delisting from POEA suspension
Registry 2nd Offense : Two years and one day
11 Inciting mutiny, malicious destruction of ships suspension to Delisting from POEA
property at any activity which will hamper the Registry
efficient operation of the vessel
1st Offense: Two years to Three years Section 2. Who May File. Any person may file with the
suspension Administration a complaint in writing and under oath for
disciplinary action against a seafarer.
The Administration may, on its own initiative, conduct c Specific acts or omissions constituting the alleged
proceedings against a seafarer on the basis of verifiable or official offense;
reports. d Place where the offense was committed;
e Date when the offense was committed;
Section 3. Contents and Form of Complaint. All complaints f Relief sought.
shall be under oath and must contain, among others, the All supporting documents must be attached to the complaint,
following: whenever possible.
a Name/s and address/es of the complainant/s;
b Name/s and address/es of the respondent/s; Section 4. Temporary Disqualification. A foreign
c Specific act/s or omission/s constituting the alleged employer/principal against whom a complaint for disciplinary
offense; action has been filed shall be temporarily disqualified from
d Place where the offense was committed; participating in the maritime employment program until the
e Date when the offense was committed; respondent submits to the jurisdiction of the Administration.
f The relief/s sought.
All supporting documents must be attached to the complaint, Section 5. Effect of Filing an Answer. Upon filing of an answer,
whenever possible. the respondent employer shall be qualified to participate in the
maritime employment program without prejudice to the outcome
Section 4. Exempting Circumstances. The following of the investigation wherein the proper penalty may be imposed.
considerations shall be legitimate reasons for the refusal of a
seafarer to depart for the worksite, or to abandon or withdraw Section 6. Preventive Suspension. A principal/employer may
from employment: be suspended from participating in the overseas employment
a Exposure to hazardous or demeaning working and living program pending investigation of the disciplinary action case
conditions; when the evidence of guilt is strong and there is reasonable
b Refusal of the employer or principal to grant, release or ground to believe that the continued deployment to the
remit wages and other benefits due the seafarer; principal/employer will result to further violation or exploitation of
c War, plague or other calamities at the worksite; and seafarers.
d Violation of labor laws of the Philippines, the host The OE Adjudicator shall, within sixty (60) calendar days from
country, international labor and maritime laws. the filing of the case, submit his findings and recommendations in
the form of a draft order.
Section 5. Temporary Disqualification from Maritime
Employment. A respondent seafarer subject of a pending Section 7. Disqualification of Foreign Employers/Principals.
complaint for disciplinary action, as provided for in Section 1 Foreign employers/principals against whom the penalty of
(A&B), Rule II, Part VI of these Rules, or those against whom a suspension or disqualification has been imposed through a final
warrant of arrest or hold departure order is issued by competent order, decision or resolution shall be disqualified from participating
authority shall be disqualified from maritime employment program in the maritime employment unless cleared by the Administration
until jurisdiction over the respondent is properly acquired by the or the penalty imposed is lifted.
Administration.
RULE IV APPEALS
Section 6. Effect of Filing an Answer. Upon filing of an answer,
the respondent shall be qualified for maritime employment Section 1. Jurisdiction on Appeal. The Secretary shall have the
without prejudice to the outcome of the investigation wherein the exclusive jurisdiction to act on appeals of disciplinary action cases
proper penalty may be imposed. decided by the Administration.

Section 7. Disqualification of Maritime Employment. A Section 2. When to File. Appeals shall be filed with Office of the
seafarer against whom suspension or disqualification has been Secretary with proof of service to the Administration and the
imposed through a final order, decision, or resolution shall be adverse party within fifteen (15) calendar days from receipt by the
disqualified from maritime employment unless cleared by the parties of their respective copies of the Order.
Administration or the penalty imposed had been lifted.
EXECUTIVE ORDER NO. 247
Section 8. Preventive Suspension. A seafarer may be REORGANIZING THE PHILIPPINE OVERSEAS EMPLOYMENT
preventively suspended when the evidence of guilt is strong and ADMINISTRATION AND FOR OTHER PURPOSES
the charge involves a serious offense.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the
RULE III - DISCIPLINARY ACTION AGAINST Philippines, by virtue of the powers vested in me by the sovereign
PRINCIPALS/EMPLOYERS will of the Filipino people and the Constitution, do hereby order:

Section 1. Grounds for Disciplinary Action Against Foreign Section 1. Title. - This Executive Order shall otherwise be known
Principals/Employers: as the Reorganization Act of the Philippines Overseas Employment
a Default on its contractual obligations to the seafarer Administration.
and/or to its Philippine agent;
b Gross violation of laws, Rules and Regulations on Sec. 2. Reorganization. - The Philippine Overseas Employment
overseas employment; Administration hereinafter referred to as the Administration is
c Grave misconduct; hereby reorganized, structurally and functionally in accordance
d Conviction of an offense involving moral turpitude; with the provisions of the Executive Order.
e Gross negligence leading to serious injury or illness or
death of the seafarer; Sec. 3. Powers and Functions. - In the pursuit of its mandate,
f Any other case analogous to the foregoing. the Administration shall have the following powers and functions:
a Regulate private sector participation in the recruitment and
Section 2. Who May File. Any aggrieved person may file a overseas placement of workers by setting up a licensing
complaint in writing and under oath for disciplinary action against and registration system;
a principal/employer with the Administration. b Formulate and implement, in coordination with appropriate
The Administration may, on its own initiative, conduct entities concerned, when necessary, a system for
proceedings against principals/employers based on verifiable or promoting and monitoring the overseas employment of
official reports. Filipino workers taking into consideration their welfare and
the domestic manpower requirements;
Section 3. Contents and Form of Complaint. All complaints c Protect the rights of Filipino workers for overseas
shall be under oath and must substantially contain the following: employment to fair and equitable recruitment and
a Name/s and address/es of the complainant/s; employment practices and ensure their welfare;
b Name/s and address/es of the respondent/s; 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 2 Coordinates with local government officials on the matter
Filipino workers for overseas employment including the of implementation of the Administrations program on
disciplinary cases; and all preemployment cases which are overseas employment;
administrative in character involving or arising out of 3 Advises the central office on the needs of the region for
violation or requirement laws, rules and regulations particular welfare and regulatory programs;
including money claims arising therefrom, or violation of 4 Establishes linkages with other allied government agencies
the conditions for issuance of license or authority to recruit in the pursuance of the objectives of the overseas
workers. employment programs;
All prohibited recruitment activities and practices 5 Coordinates the anti-illegal recruitment campaign in the
which are penal in character as enumerated and defined regions;
under and by virtue of existing laws, shall be prosecuted 6 Performs other functions as the Administration may deem
in the regular courts in close coordination with the necessary.
appropriate Departments and agencies concerned;
e Maintain a registry of skills for overseas placement; Sec. 6. New Structure and Pattern. - Upon approval of this
f Recruit and place workers to service the requirements for Executive Order, the officers and employees of the Philippine
trained and competent Filipino workers by foreign Overseas Employment Administration shall, in a holdover capacity,
governments and their instrumentalities and such other continue to perform their respective duties and responsibilities
employers as public interest may require; and receive the corresponding salaries and benefits unless in the
g Promote the development of skills and careful selection of meantime they are separated from the service. The new structure
Filipino workers; and staffing pattern for the Philippine Overseas Employment
h Undertake overseas market development activities for Administration shall be approved and prescribed by the Secretary
placement of Filipino workers; of the Department of Labor and Employment, within one hundred
i Secure the best terms and conditions of employment of twenty (120) days from the approval of this Executive Order and
Filipino contract workers and ensure compliance therewith; the authorized position created thereunder shall be filled with
j Promote and protect the well-being of Filipino workers regular appointments by the Secretary of the Department of Labor
overseas; and Employment of the President as the case may be. Those
k Develop and implement programs for the effective incumbents whose positions are not included therein or who are
monitoring of returning contract workers, promoting their not reappointed shall be deemed separated from the service.
re-training and re-employment or their smooth re- Those separated from the service shall receive the retirement
integration into the mainstream of national economy in benefits to which they may be entitled under existing laws, rules
coordination with other government agencies; and regulations. Otherwise, they shall be paid the equivalent of
l Institute a system for ensuring fair and speedy disposition one-month salary for every year of service, or fraction thereof,
of cases involving violation or recruitment rules and computed on the basis of the highest salary received, but in no
regulations as well as violation of terms and conditions of case shall such payment exceed the equivalent of twelve (12)
overseas employment; months salary.
m Establish a system for speedy and efficient enforcement of
decisions laid down through the exercise of its adjudicatory Sec. 7. Prohibition Against the Organizational Changes. -
function; No change in the reorganization herein prescribed shall be valid
n Establish and maintain close relationship and enter into except upon approval of the President for the purpose of
joint projects with the Department of Foreign Affairs, promoting efficiency and effectiveness in the delivery of public
Philippine Tourism Authority, Manila International Airport service.
Authority, Department of Justice, Department of Budget
and Management and other relevant government entities, Sec. 8. Funding. - Funds needed to carry out the provisions of
in the pursuit of its objectives. The Administration shall also this Executive Order shall be taken from funds available in the
establish and maintain joint projects with private Administration.
organizations, domestic or foreign, in the furtherance of its
objectives. Sec. 9. Implementing Authority of Secretary. - The Secretary
shall issue such rules, regulations and other issuances as may be
Sec. 4. Structural Organization. - The Administration shall necessary to ensure the effective implementation of the provisions
consist of the Governing Board, the Office of the Administrator, the of this Executive Order.
Offices of such number of Deputy Administrators as may be
necessary, Office of the Director for each of the principal Sec. 10. Separability Clause. - Any portion or provision of this
subdivisions of its internal structure. Executive Order that may be declared unconstitutional shall not
a The Governing Board shall be composed of the Secretary of have the effect of nullifying other portions of provisions that can
Labor and Employment as Chairman, the Administrator and still subsist and be given effect in their entirety.
a third member, considered well-versed in the field of
overseas employment who shall be appointed by the Sec. 11. Repealing Clause. - All laws, ordinances, rules,
President to serve for a term of two (2) years; regulations, other issuances or parts thereof, which are
b The Administrator and such Deputy Administrator and inconsistent with this Executive Order are hereby repealed or
Directors as may be necessary shall be appointed by the modified accordingly.
President upon recommendation of the Secretary;
c The functional structure of the Administration shall be Sec. 12. Effectivity. - This Executive Order shall take effect
established along the areas of: market development, immediately
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 Administrators
supervision of the Labor Regional Director. It shall have, among
others, the following functions:
1 Executes the policies, plans and programs of the
Administration in the regions outside of the Metro Manila
area;
over and above the benefits which are provided for abd are the
liabilities of the Philippine government under the Philippine
laws. Provided that when the employment of a seaman is also
covered by a collective bargaining agreement or death/disability
insurance which provides for higher benefits than those
enumerated above, in which case, the seaman or his
heirs/beneficiaries may elect under what scheme he is they are
claiming. Recovery under one scheme is a bar to any farther
EASTERN vs. POEA
recovery; except where there is a clear showing in the collective
bargaining agreement and/or death/disability insurance that
benefits provided for in the collective bargaining agreement and
death/disability insurance are separate and distinct from the
abovementioned benefits. The exact amount of insurance that
SECTION D. COMPENSATION AND BENEFITS DURING THE
each seaman is covered under this contract are as stipulated in
TERM OF THE CONTRACT.
Column J of Appendix 2 of this contract. In addition to the above,
the expenses for hospitalization of the seaman shall be borne by
the employer.

1. In case of total and permanent disability or death of the


seaman during the term of his contract, the company II pay the 2. In lieu of paragraph 1 above, the liability of [an] employer of a
,seaman or his beneficial the amount of: Philippine registered vessel (except foreign- owned vessels
bareboat-chartered to a Philippine shipping company) shall be
governed by existing Philippine Laws over and above the benefits
P100,000.00-for masters and Chief Engineers
granted [under] Philippine laws on social security and employees'
compensation benefits provided that the Philippine registered
75,000.00 - for other officers vessel and any vessel bareboat- chartered to a Philippine Shipping
Company shall be manned by full Filipino crews.
50,000.00 - for ratings

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