Title
Regulation of Filipino Overseas Construction Workers
Law
Letter Of Instructions No. 852
Decision Date
May 1, 1979
A Philippine law establishes guidelines for the exportation of Filipino construction workers, aiming to protect their welfare and support the development of the overseas construction industry, while also addressing issues of recruitment under unfavorable conditions and defining responsibilities of government agencies.

Questions (LETTER OF INSTRUCTIONS NO. 852)

To support the development of the Filipino overseas construction industry while ensuring the protection and welfare of Filipino construction workers, by defining government agency responsibilities and setting safeguards to prevent abusive recruitment and employment arrangements.

Only Filipino construction companies may export Filipino construction workers, effective May 1, 1979.

The Ministry of Labor and the Overseas Construction Board.

Only if such workers are employed by companies registered with the Overseas Construction Board.

They may continue to export Filipino construction workers, provided they register with the Overseas Construction Board within one (1) year from May 1, 1979.

It must establish and implement rules requiring “labor supply only” Filipino subcontractors to upgrade their contracts within a reasonable period, but not exceeding two (2) years from the date of the LOI.

Taking on additional responsibility in project implementation—such as providing materials, equipment, management, etc.—rather than supplying labor only.

It must limit recruitment/placement only to those employed by foreign governments in projects supervised and administered by those governments, and as employees of the foreign governments.

The Minister of Labor, Minister of Foreign Affairs, Minister of Tourism, Minister of Finance, and the Officer-in-Charge of the Travel Processing Center.

To prevent workers from being recruited or transferred under arrangements that bypass safeguards and are contrary to the purpose of protecting and regulating overseas employment of Filipino construction workers.

It must establish measures to develop exportation in corporate groups rather than as individuals in industries such as mining, hotel administration, and ports/stevedoring operations.

Recurring incidents of recruitment by or for foreign contractors under conditions that run counter to efforts to develop the industry and fail to provide necessary safeguards for workers’ well-being.

It indicates immediate effect of the policy that only Filipino construction companies may export Filipino construction workers starting from the date of the LOI (May 1, 1979), subject to the specified transitional rule for existing companies.

Ministry of Labor, Overseas Construction Board, Overseas Employment Development Board, and ministries including Foreign Affairs, Tourism, and Finance, plus the Travel Processing Center (Officer-in-Charge).

Not exceeding two (2) years from the date of the LOI.


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