Question & AnswerQ&A (OMNIBUS RULES IMPLEMENTING THE LABOR CODE)
Applicants must meet citizenship requirements, possess appropriate capitalization (minimum net worth of P150,000), and not be disqualified by law or competent authorities. They must submit required documents including articles of incorporation, proof of financial capacity, clearances from authorities, verified statements on competence of personnel, and undertakings.
'Private recruitment entity' means any person or entity engaged in the recruitment and placement of workers locally or overseas, without charging, directly or indirectly, any fee against the worker.
Members of the diplomatic service, officials and employees of international organizations, and such other employers authorized by the Secretary are exempted from the ban on direct hiring.
Employment contracts must include guaranteed wages, free transportation, adequate board and lodging, free medical and dental treatment, just causes for termination, workmen's compensation benefits, transportation of remains in case of death, and remittance of salaries through the Philippine banking system.
Grounds include accepting fees in excess of prescribed amounts, misrepresentation, obstructing inspections, falsifying documents, failure to submit remittance reports, unauthorized recruitment activities, withholding workers' documents or salaries without just cause, and violation of relevant laws and rules.
Agencies may collect placement fees as approved by the Secretary, and only upon approval of employment contracts and commencement of employment. Workers may also be charged for medical exams, inoculations, and passport costs, with receipts issued.
Licenses are valid for one year from the date of approval unless sooner cancelled, revoked, or suspended due to violation of laws or regulations.
It is mandatory for workers or seamen to remit regularly a portion of their foreign exchange earnings abroad to their beneficiary through the Philippine banking system, stipulated in employment contracts and affidavits of undertaking.
The regional offices of the Department of Labor and Employment have original and exclusive jurisdiction over disputes involving land-based overseas contract workers, except for seamen.
Every employee is entitled to a rest period of not less than twenty-four consecutive hours after every six consecutive normal work days.