Regulation of Filipino Overseas Construction Workers

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LETTER OF INSTRUCTIONS NO. 852: Regulation of Filipino Overseas Construction Workers

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Title Supreme Court: Regulation of Filipino Overseas Construction Workers

Law: Letter Of Instructions No. 852

Decision Date: May 1, 1979

A Philippine law establishes guidelines for the exportation of Filipino construction workers, aiming to protect their welfare and support the development of the overseas construction industry, while also addressing issues of recruitment under unfavorable conditions and defining responsibilities of government agencies.

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Restriction on Exportation of Construction Workers

Only Filipino construction companies are authorized to export Filipino construction workers overseas.
The Ministry of Labor and the Overseas Construction Board are tasked with defining the rules governing this exportation.

Registration Requirements for Overseas Employment

Construction workers for overseas projects must be employed by companies registered with the Overseas Construction Board.
Companies previously registered only with the Bureau of Employment Services may continue exporting workers conditionally.
Such companies must register with the Overseas Construction Board within one year from the issuance of this instruction.

Upgrading Contracts for "Labor Supply Only" Subcontractors

The Overseas Construction Board, in consultation with the Ministry of Labor, will require Filipino subcontractors engaged in "labor supply only" overseas projects to upgrade their contracts.
Upgrading means assuming greater responsibilities such as supplying materials, equipment, or management in overseas construction projects.
This upgrade must occur within two years from the date of the Letter of Instruction.

Limitations on Recruitment by Overseas Employment Development Board

Recruitment and placement of Filipino construction workers by the Overseas Employment Development Board are limited to employment by foreign governments on projects they supervise and administer.
Workers must be employees of the foreign government rather than private contractors.

Measures Against Tourism Abuse for Overseas Employment

A committee comprising Ministers of Labor, Foreign Affairs, Tourism, Finance, and the Travel Processing Center official will be formed.
This committee will establish measures to prevent misuse of tourism travel as a means to sidestep established overseas employment channels.

Exportation of Workers in Other Industries

The Ministry of Labor will promote and develop overseas employment opportunities for Filipino workers through corporate groups.
This policy applies to industries like mining, hotel administration, and port/stevedoring operations, favoring group rather than individual deployment to safeguard worker welfare.

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