QuestionsQuestions (DOLE Department Order No. 141-14)
It recognizes private sector participation in local recruitment to promote equal opportunity, employment creation, and compliance with the Labor Code and related laws (including anti-trafficking and anti-child labor). It also aims to protect jobseekers by ensuring best possible terms and conditions and cooperation with government agencies and accredited NGOs.
It applies to any person, partnership, or corporation intending to engage in recruitment and placement for local employment through an agency, including those using the electronic medium in the Philippines. Recruitment and placement of domestic workers are governed by RA 10361.
A private employment agency is any person/partnership/corporation engaged in recruitment and placement for local employment through an agency, and includes those licensed by DOLE to recruit and place kasambahay. A license is the document issued by the Secretary through the Regional Director authorizing the agency to operate.
The applicant must be Filipino (or have at least 75% Filipino ownership for partnerships/corporations), have minimum net worth/paid-up capital of PHP 1,000,000.00 (as specified), and not be otherwise disqualified by law or government rules from engaging in recruitment and placement.
Those convicted of illegal recruitment/trafficking/anti-child labor/moral turpitude crimes; those with probable cause or prima facie findings for illegal recruitment-related cases (especially against owners/directors); agencies with previously revoked/cancelled licenses; cooperatives; law enforcers and DOLE officials/employees; sole proprietors securing another license; and agencies prohibited from job contracting/subcontracting activities.
The applicant must file a completed application form with: (1) filing fee PHP 5,000.00; (2) proof of business registration (DTI for sole proprietorship; SEC for partnerships/corporations); (3) proof of office ownership/lease with at least 50 sq. meters exclusive use (lease for at least one year with option to renew); (4) NBI clearances of applicant/partners/officers and directors; and (5) an affidavit of undertaking with required commitments, plus (6) list of representatives and (7) certificate of participation in a pre-application seminar.
It emphasizes requirements for application, compliance with anti-trafficking and anti-child labor laws, illegal recruitment penalties, and labor market information. The owner, partners, president/general manager/management representative must attend prior to filing.
It must be filed in the Regional/Field Office with jurisdiction over where the agency intends to establish its office. If documents are incomplete, the application must not be received/accepted.
Within ten (10) calendar days from receipt of complete application and proof of filing fee, the Regional Director evaluates documents and conducts an ocular inspection to grant or deny.
Pay a license fee of PHP 15,000.00, post a cash bond of PHP 50,000.00, and a surety bond of PHP 100,000.00. These answer for valid and legal claims arising from use of the license and guarantee compliance with the Labor Code and related rules.
A license is valid for three (3) years from issuance unless revoked/cancelled sooner. Renewal must be filed not earlier than 60 days and not later than 30 days before expiration.
It may be issued together with the license; it is valid nationwide and is co-terminus with the license unless revoked/cancelled. To issue it, the applicant must submit a letter request, oath certification/agreement detailing recruitment activities, NBI clearance and bio-data with photo of representative, certificate of no pending recruitment case, and certificate of attendance to pre-application seminar.
Illegal recruitment includes canvassing/enlisting/contracting/utilizing/hiring/procuring workers and referrals, contract services, and promising/advertising for local employment for profit or not, when undertaken by a non-licensee/non-holder of authority. Any non-licensee/non-holder who, in any manner, offers or promises for a fee employment to two or more persons is deemed engaged in illegal recruitment.
Examples include: charging/accepting more than actual loan/advance; furnishing/publishing false notices/information; giving false testimony/information/documents to secure a license; inducing an employed worker to quit to offer him another (unless for liberation from oppressive terms); influencing others not to employ workers who did not apply through the agency; recruiting for harmful jobs (public health/morality/dignity); obstructing inspection; and substituting/altering employment contracts to prejudice the worker without approval.