Law Summary
Leadership and Organizational Structure
- The Ministry is headed by a Minister appointed by the President.
- Deputy Ministers may be appointed to assist the Minister, with clear substantive roles but excluding primarily administrative tasks.
Creation of the Bureau of Local Employment
- A new Bureau of Local Employment is established by merging the Bureau of Apprenticeship and domestic employment functions of the Bureau of Employment Services.
- This Bureau inherits the assets and personnel of the abolished units.
Creation and Powers of the Philippine Overseas Employment Administration (POEA)
- The POEA is created to take over functions from the Overseas Employment Development Board, National Seamen Board, and overseas employment functions of the Bureau of Employment Services.
- Its responsibilities include the promotion and monitoring of overseas employment of Filipino workers, considering domestic manpower needs.
- It holds exclusive jurisdiction over disputes involving overseas Filipino workers’ employer-employee relations, including money claims.
- The POEA Board consists of the Minister (Chairman), the Administrator, and a third member appointed by the President, serving a renewable two-year term.
- The Administration is internally organized into subdivisions: welfare services, placement and market development, and regulation.
- Advisory Boards for Overseas Employment and Seamen, largely composed of private sector members, provide advice to the Administration.
- The Regional Labor Office for the Middle East and Africa is incorporated under the Administration.
Renaming and Expanded Functions of the Bureau of Working Conditions
- The Bureau of Labor Standards is renamed as the Bureau of Working Conditions.
- It assumes the functions of the Institute of Occupational Health and Safety.
Composition of the Ministry Proper
- The Ministry includes the Office of the Minister, Planning Service, Labor Statistics Service, Financial and Management Service, Administrative Service, Information and Publication Service, International Labor Affairs Service, and Legal Service.
- Deputy Ministers are part of the Office of the Minister.
Supervision and Control by the Ministry
- The Ministry supervises bureaus such as Local Employment, Labor Relations, Working Conditions, Rural Workers, Women and Minors, and the Institute of Labor and Manpower Studies.
- It administratively supervises entities including the National Labor Relations Commission, National Wages Council, POEA, and Overseas Workers Welfare Fund.
Policy and Program Coordination Attachment
- The Employees Compensation Commission is attached to the Ministry for policy and program coordination.
Abolishment and Transfer of Certain Entities
- Several entities are abolished, with their functions, personnel, and resources transferred to appropriate Ministry units. These include:
- Bureau of Employment Services
- Bureau of Apprenticeship
- Free Legal Assistance Office
- National Seamen Board
- Overseas Employment Development Board
- Population/Family Planning Office
Regional Offices
- The Ministry may establish regional offices under the Office of the Minister.
- Each regional office is headed by a Regional Director, assisted by an Assistant Regional Director as needed.
- Labor conciliators and Med-Arbiters in these offices are compensated two salary grades below National Labor Relations Commission Arbiters.
- Minister has authority over regional reassignments to enhance service.
Overseas Offices
- Overseas offices may be established subject to Presidential approval.
- The Labor Attaché has supervisory authority over Ministry personnel abroad, including POEA staff.
Authority to Reorganize Internal Structure
- The Minister may reorganize Ministries' internal offices and units as enumerated.
Powers to Issue Implementing Rules and Staffing
- The Ministry may issue rules and regulations, subject to budget office approval regarding staffing and compensation.
- Personnel from abolished agencies may be appointed to new positions; those not appointed are considered laid off.
Layoff and Reappointment Provisions for Presidential Appointees and Career Executive Service Officers
- Presidential appointees of bureaus and other supervised or administered entities are laid off unless reappointed by the President.
- Career Executive Service Officers may be reassigned or reappointed; otherwise, assigned to the Career Executive Service Board.
- Those not placed within six months shall be laid off.
Benefits for Laid-Off Personnel
- Individuals laid off are entitled to benefits and gratuities provided under existing laws.
Continuity of Functions of Present Incumbents
- Current incumbents continue their usual functions until appropriate implementing orders are issued.
Funding Provisions
- Necessary funds shall be made available from applicable appropriations subject to Presidential and budgetary approval.
Repeal of Inconsistent Laws and Provisions
- Existing laws and orders inconsistent with this Executive Order are repealed or modified accordingly.
Severability Clause
- Any unconstitutional portion shall not nullify the remaining provisions, provided they can still stand independently.
Effectivity
- The Executive Order takes effect immediately upon issuance.