Title
Fee Waiver for 1st Time Jobseekers
Law
Republic Act No. 11261
Decision Date
Apr 10, 2019
The First Time Jobseekers Assistance Act aims to provide first time jobseekers in the Philippines with free access to government services and incentives to improve their employment opportunities, while prohibiting government agencies from collecting fees or charges for necessary documents and licenses.

Policy and purpose

  • The State promotes full employment and equality of gainful work and opportunities for citizens under Section 2.
  • The State expands accessibility to government services and provides incentives to improve a first time jobseeker’s access to employment under Section 2.

Core waiver: fees and charges

  • Section 3 provides that, subject to Section 8, all government agencies and instrumentalities, including GOCCs, LGUs, and government hospitals shall not collect fees or charges from a first time jobseeker.
  • The waiver applies to fees or charges paid in connection with the application for and the granting of licenses, proofs of identification, clearances, certificates or other documents usually required in the course of employment locally or abroad under Section 3.
  • The benefit under Section 3 may be availed of only once.

Covered pre-employment documents

  • Section 4 prohibits collection of fees and other charges from first time jobseekers for the following transactions, subject to the requirement in Section 5:
  • (a) Police clearance certificate.
  • (b) National Bureau of Investigation clearance.
  • (c) Barangay clearance.
  • (d) Medical certificate from a public hospital, but fees and charges collected for laboratory tests and other medical procedures required for the grant of a medical certificate are not free of charge.
  • (e) Birth certificate.
  • (f) Marriage certificate.
  • (g) Transcript of academic records issued by state colleges and universities.
  • (h) Tax Identification Number (TIN).
  • (i) Unified Multi-Purpose ID (UMID) card.
  • (j) Other documentary requirements issued by the government that may be required by employers from job applicants.

Proof of eligibility requirements

  • Section 5 requires first time jobseekers availing of the benefits to present a barangay certification stating that the applicant is a first time jobseeker.
  • Section 5 imposes liability under the Revised Penal Code on any person found guilty of fabrication or falsification of the required eligibility certification.

Service delivery through PESO

  • Section 7 designates the Public Employment Service Office (PESO) in different provinces, cities and municipalities as the office that shall assist first time jobseekers.
  • PESO assistance under Section 7 covers securing required pre-employment documents from relevant government agencies.

Database and sharing of beneficiary information

  • Section 6 requires concerned government agencies to maintain and update a roster of all individuals who have been issued documents under the Act.
  • Section 6 requires regular submission of the roster to the Department of Information and Communications Technology (DICT).
  • Section 6 directs DICT to compile a database of all beneficiaries of the Act.
  • Section 6 provides that the database must be accessible to all relevant agencies.

Exceptions to the fee waiver

  • Section 8 excludes from the waiver of fees and charges:
  • Fees collected in connection with an application to take a professional licensure examination conducted by the Professional Regulation Commission.
  • Fees collected in connection with application for a Philippine passport authentication and red ribbon of documents from the Department of Foreign Affairs.
  • Fees collected in connection with application for a Career Service Examination with the Civil Service Commission (CSC).
  • Fees collected in connection with application for a driver’s license from the Land Transportation Office.

Non-impairment of existing authority to collect

  • Section 9 provides that the Act does not create implied authority for agencies to impose or collect charges and fees in relation to their functions if no authority already exists under their respective charters or other relevant laws.

Exclusion of Jobstart Program beneficiaries

  • Section 10 excludes from eligibility the beneficiaries of the Jobstart Program under Republic Act No. 10869 and other laws giving similar exemptions for the documents or transactions enumerated in Section 4.

Interpretation rules and anti-nugatory requirement

  • Section 11 mandates that, in all cases, any ambiguity in interpreting the Act must be resolved in favor of the applicant.
  • Section 11 prohibits government agencies and instrumentalities from issuing unduly restrictive regulations that would render the benefits nugatory.
  • Section 11 states that issuing unduly restrictive regulations constitutes an administrative offense punishable under the Administrative Code and other pertinent laws.

Interagency monitoring and complaints

  • Section 12 creates an interagency monitoring committee chaired by the Secretary of the Department of Labor and Employment.
  • Section 12 includes as members the heads of the CSC, DICT, Department of Finance, Department of Education, Commission on Higher Education, National Youth Commission, Technical Education and Skills Development Authority, and other departments whose participation the committee may deem necessary.
  • Section 12 directs the committee to monitor compliance by concerned agencies and instrumentalities.
  • Section 12 allows the committee to recommend to the proper authorities the filing of an administrative complaint against any person who refuses to comply with the Act.

Implementing rules timeline

  • Section 13 requires the Secretary of Labor and Employment to issue implementing rules within sixty (60) days from the Act’s effectivity.
  • Section 13 requires issuance of the implementing rules in consultation with DICT and other concerned agencies.

Severability, repeal, and modifications

  • Section 14 provides a separability clause: if any provision is declared unconstitutional or invalid, the remaining provisions remain valid.
  • Section 15 repeals or modifies laws, decrees, orders, ordinances, rules, and regulations, or parts thereof, that are inconsistent with Republic Act No. 11261.

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