Statutory amendments to RA 8759
- Section 1 amends Section 3 of Republic Act No. 8759 by revising the establishment and linking of the PESO and the role of DOLE in agreements involving NGOs and EIs.
- Section 2 amends Section 5 of Republic Act No. 8759 by updating the functions of the PESO.
- Section 3 amends Section 6 of Republic Act No. 8759 by strengthening the PESO’s role in transforming into a modern public employment service intermediary.
- Section 4 amends Section 7 of Republic Act No. 8759 by detailing the roles of DOLE and LGUs, and by setting registration and reporting expectations for PESO clients, establishments, and LGU monitoring systems.
- Section 5 amends Section 9 of Republic Act No. 8759 by specifying funding sources and where PESO technical assistance and supervision funds are included in the national budget.
- Section 6 adds the requirement for implementing rules and regulations within a set period.
Policy goal for national employment network
- The PESO system is established to carry out the declared policy.
- PESOs are organized in all provinces, cities, and municipalities and are linked to DOLE offices to form a national public employment service network.
- The PESO structure is designed to support coordinated and modern employment facilitation through LGU operation and DOLE coordination, supervision, and capacity-building.
- The PESO and its linkages with other employment service components are meant to enable employment matching and structured labor market information flow.
PESO establishment and operating structure
- A Public Employment Service Office (PESO) must be established in all provinces, cities, and municipalities, operated and maintained by LGUs, and linked to DOLE for coordination and technical supervision to form a national network.
- A PESO is placed under the office of the governor, city mayor, or municipal mayor.
- Each PESO is initially organized by and composed of a PESO manager, and a PESO may be assisted by a labor and employment officer (LEO) as determined by the LGU.
- Upon the request of accredited nongovernment organizations (NGOs) or educational institutions (EIs), DOLE may enter into a memorandum of agreement for the NGO and EI to establish, operate, and maintain:
- a PESO (for the NGO), and
- a job placement office (for the EI).
- PESOs operating within NGOs and job placement offices in EIs must coordinate their employment service activities with the appropriate LGU PESO within the territorial jurisdiction.
PESO functions and employment facilitation services
- The PESO must encourage employers to regularly submit lists of job vacancies to facilitate exchange of labor market information for both local and overseas employment, and to provide recruitment assistance to employers.
- The PESO must develop and administer testing and evaluation instruments for effective job selection, training, and counselling.
- The PESO must provide persons with entrepreneurship qualities access to livelihood and self-employment programs offered at the provincial, city, municipal, and barangay levels through referrals.
- The PESO must conduct employability enhancement trainings or seminars for job seekers and for individuals seeking to change career or enhance employability.
- The PESO must provide employment or occupational counselling, career guidance, mass motivation, and values development activities.
- The PESO must conduct pre-employment counselling and orientation for prospective local workers and most especially for prospective overseas workers.
- The PESO must provide reintegration assistance services to returning Filipino migrant workers.
- The PESO must prepare and submit to the local sanggunian an annual employment plan and budget, including other regular funding sources and budgetary support of the PESO.
- The PESO must perform functions necessary to fully carry out the objectives of the Act.
Modern intermediary and enhanced PESO role
- Every PESO must undertake holistic strategies, programs, and activities to transform the PESO into a modern public employment service intermediary that provides multi-dimensional employment facilitation services.
- The upgraded PESO role is implemented in addition to the enumerated functions of the PESO.
DOLE and LGU responsibilities; registration and reporting
- The LGUs, in coordination with DOLE, establish the PESO.
- DOLE must provide technical supervision, coordination, and capacity-building to the PESO.
- DOLE must establish and maintain a computerized human resource and job registries to facilitate:
- provision and packaging of employment assistance to PESO clients, and
- establishment of intra- and **inter-regional job clearance systems as part of the overall employment network.
- DOLE must provide technical assistance and allied support services to PESOs, including training of PESO personnel for employment facilitation functions.
- DOLE must set:
- standards for the establishment and operation of PESO offices, and
- qualification standards for PESO personnel.
- DOLE must extend employment service packages to the concerned LGU, NGO, or EI, including conducting job fairs, career development seminars, and other activities.
- DOLE must monitor, assess, and evaluate PESO performance, including PESO job placement offices in EIs.
- Persons seeking employment, particularly the unemployed, must register at the PESO for employment facilitation assistance.
- Establishments must submit to the PESO:
- their job vacancies, and
- applicants hired,
to ensure availability of accurate labor market supply and demand information.
- The LGU must establish a monitoring system requiring establishments operating in the locality to report to the concerned LGU office:
- the present number and nature of jobs, and
- the projection of jobs the establishment will provide or offer in the next five (5) years.
- The labor market information must be submitted:
- to the PESO for job matching, and
- to EIs for career guidance of students.
- The concerned LGU must:
- operate and maintain the PESO,
- ensure compliance with DOLE operational standards,
- extend assistance and services necessary for promoting employment within the jurisdiction, and
- submit to DOLE periodic performance and accomplishment reports.
Funding and budgeting requirements
- Funding for PESO operation and maintenance is provided by the LGU from its internal revenue allotment and other internally generated income of the LGU concerned.
- Operation and maintenance of NGO PESOs and job placement offices of EIs are charged against their internally generated income.
- Funds for technical assistance, training, and supervision of PESOs must be included in the DOLE budget in the annual General Appropriations Act.
- The amount necessary to implement the Act must be included by the Department of Budget and Management in the annual General Appropriations Act.
Implementing rules; separability; repeals
- The Secretary of Labor and Employment must issue necessary implementing rules and regulations for effective implementation of the Act within ninety (90) days after its effectivity.
- The Act contains a separability clause: if any section or provision, or the application of any portion, is declared invalid or unconstitutional, the remainder remains effective.
- The Act contains a repealing clause: all laws, decrees, executive orders, proclamations, rules and regulations, or parts thereof, inconsistent with the Act are repealed or modified accordingly.