Question & AnswerQ&A (DOLE Department Order No. 141-14)
These rules apply to every person, partnership, or corporation intending to engage in recruitment and placement for local employment through an agency, including electronic recruitment. Specific provisions of Republic Act No. 10361 govern the recruitment and placement of domestic workers locally.
A private employment agency refers to any person, partnership, or corporation engaged in recruitment and placement of workers for local employment and licensed by DOLE. This includes agencies recruiting Kasambahay for local employment.
Applicants must be Filipino citizens (single proprietorships) or 75% Filipino ownership (partnerships or corporations), have a minimum net worth or paid-up capital of P1,000,000, and not be disqualified by law or other regulations related to recruitment and placement business.
Individuals convicted of illegal recruitment, trafficking in persons, anti-child labor violations, crimes involving moral turpitude; agencies with revoked licenses; cooperatives; DOLE officials and employees; and those engaged in job contracting while licensed as recruiters.
A duly accomplished application form, P5,000 filing fee, business registration documents, proof of office space, NBI clearances, affidavit of undertaking, designation of office managers and secretaries, list of representatives, and a certificate of attendance to a pre-application seminar.
Upon approval, the agency must pay a P15,000 license fee and post a cash bond of P50,000 and a surety bond of P100,000 to cover valid claims and ensure compliance with recruitment laws.
Illegal recruitment includes canvassing, enlisting, contracting, or procuring workers without a license or authority, charging fees to workers, publishing false information, misrepresentation to secure licenses, inducing workers to quit jobs for another, obstructing inspections, and substituting employment contracts without approval.
Serious offenses lead to cancellation of license or authority and include recruitment involving child labor violations, misrepresentation to secure licenses, recruitment harmful to public health or morality, charging fees to workers, continuous operation despite suspension, and convictions for trafficking or related crimes.
Agencies must present valid licenses and job orders to PESO and barangay offices, require recruits to submit documents such as birth certificates and medical clearances, conduct interviews, explain recruitment contracts, submit notarized contracts to Regional Offices, and coordinate pre-departure orientation and authenticities.
Complaints are filed under oath with the DOJ Regional or Field Office having jurisdiction. The respondent is ordered to file a verified answer within 10 days. Failure to respond is deemed a waiver. The Regional Director investigates and may suspend licenses pending resolution, with appeal rights available to the Secretary.