Reorganization of Philippine Overseas Employment Admin

Legal basis and policy objectives

Executive Order No. 247 is anchored on Executive Order No. 5 (1986), which authorizes organizational and functional changes in government to promote efficiency and effectiveness in public service delivery.
The reorganization is intended to enhance the Philippine Overseas Employment Administration’s effectiveness in responding to changing market and economic conditions.
The reorganization is meant to strengthen the worker protection and regulation components of the overseas employment program.
The reorganization is intended to rationalize functions, structure, and organization for more efficient overseas employment promotion, worker rights protection, welfare services, adjudication, and manpower delivery.
The reorganization is designed to address changing demands for more meaningful welfare services, better protection of rights, more efficient adjudication of cases, and more efficient manpower delivery.

Reorganized agency and mandate

The Philippine Overseas Employment Administration (the “Administration”) is reorganized structurally and functionally under Executive Order No. 247. (Section 2)
The Administration’s mandate includes powers and functions to regulate overseas employment and protect Filipino workers.
The Administration’s governing operations are organized through a board, an administrator, deputy administrators, and directors for principal subdivisions. (Section 4)

Powers and functions of the Administration

The Administration regulates private sector participation in recruitment and overseas placement by setting up a licensing and registration system. (Section 3(a))
The Administration formulates and implements, in coordination with appropriate entities, a system for promoting and monitoring overseas employment of Filipino workers, considering welfare and domestic manpower requirements when necessary. (Section 3(b))
The Administration protects Filipino workers’ rights for overseas employment to fair and equitable recruitment and employment practices and ensures their welfare. (Section 3(c))
The Administration exercises original and exclusive jurisdiction to hear and decide all claims arising from an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas employment, including disciplinary cases. (Section 3(d))
The Administration also exercises original and exclusive jurisdiction over pre-employment cases that are administrative in character, involving or arising from violations of requirement laws, rules, and regulations, including money claims arising therefrom, or violations of conditions for issuance of license or authority to recruit workers. (Section 3(d))
Prohibited recruitment activities and practices that are penal in character are prosecuted in the regular courts in close coordination with the appropriate departments and agencies. (Section 3(d))
The Administration maintains a registry of skills for overseas placement. (Section 3(e))
The Administration recruits and places workers to serve requirements for trained and competent Filipino workers for foreign governments and their instrumentalities, and such other employers as public interest may require. (Section 3(f))
The Administration promotes the development of skills and the careful selection of Filipino workers for overseas employment. (Section 3(g))
The Administration undertakes overseas market development activities for placement of Filipino workers. (Section 3(h))
The Administration secures the best terms and conditions of employment of Filipino contract workers and ensures compliance. (Section 3(i))
The Administration promotes and protects the well-being of Filipino workers overseas. (Section 3(j))
The Administration develops and implements programs for effective monitoring of returning contract workers, promoting re-training and re-employment, or smooth re-integration into the mainstream of the national economy, in coordination with other government agencies. (Section 3(k))
The Administration institutes a system for fair and speedy disposition of cases involving violations of recruitment rules and regulations and violations of the terms and conditions of overseas employment. (Section 3(l))
The Administration establishes a system for speedy and efficient enforcement of decisions rendered through its adjudicatory function. (Section 3(m))
The Administration establishes and maintains close relationships and joint projects with the Department of Foreign Affairs, Philippine Tourism Authority, Manila International Airport Authority, Department of Justice, Department of Budget and Management, and other relevant government entities pursuing its objectives. (Section 3(n))
The Administration establishes and maintains joint projects with private organizations, domestic or foreign, in furtherance of its objectives. (Section 3(n))

Governance structure and internal organization

The Administration consists of the Governing Board, the Office of the Administrator, offices of such number of Deputy Administrators as may be necessary, and the Office of the Director for each principal subdivision of its internal structure. (Section 4)
The Governing Board is composed of the Secretary of Labor and Employment as Chairman, the Administrator, and a third member who must be well-versed in overseas employment and is appointed by the President for a term of two (2) years. (Section 4(a))
The Administrator, and such Deputy Administrator and Directors as may be necessary, are appointed by the President upon recommendation of the Secretary. (Section 4(b))
The functional structure is organized along market development, employment, welfare, licensing, regulation and adjudication. (Section 4(c))
Each principal substantive subdivision is headed by a Director and contains such departments and units as may be necessary. (Section 4(c))

Regional extension units

The Administration is authorized to set up regional extension units in such regions as the Governing Board may determine necessary for efficient and economic delivery of services. (Section 5)
Regional extension units are under the administrative supervision of the Labor Regional Director. (Section 5)
Regional extension units execute Administration policies, plans, and programs in regions outside Metro Manila. (Section 5(a))
Regional extension units coordinate with local government officials on implementation of the Administration’s overseas employment program. (Section 5(b))
Regional extension units advise the central office on regional needs for particular welfare and regulatory programs. (Section 5(c))
Regional extension units establish linkages with allied government agencies in pursuit of the overseas employment program’s objectives. (Section 5(d))
Regional extension units coordinate the anti-illegal recruitment campaign in the regions. (Section 5(e))
Regional extension units perform other functions the Administration deems necessary. (Section 5(f))

Transition, staffing, and compensation rules

Officers and employees of the Administration continue performing their duties and responsibilities in a hold-over capacity and receive corresponding salaries and benefits unless separated from the service. (Section 6)
The new structure and staffing pattern must be approved and prescribed by the Secretary of the Department of Labor and Employment within one hundred twenty (120) days from approval of the Executive Order. (Section 6)
Authorized positions created under the new structure must be filled with regular appointments by the Secretary of the Department of Labor and Employment of the President, as the case may be. (Section 6)
Incumbents whose positions are not included in the new structure or are not reappointed are deemed separated from the service. (Section 6)
Separated personnel receive retirement benefits under existing laws, rules, and regulations. (Section 6)
Otherwise, separated personnel are paid the equivalent of one-month salary for every year of service, or fraction thereof, computed on the basis of the highest salary received, but the payment shall not exceed the equivalent of twelve (12) months salary. (Section 6)

Organizational change validity and funding

No change in the reorganization prescribed by Executive Order No. 247 is valid unless approved by the President to promote efficiency and effectiveness in the delivery of public service. (Section 7)
Funds needed to implement Executive Order No. 247 are taken from funds available in the Administration. (Section 8)

Implementing authority and legal effect

The Secretary shall issue rules, regulations, and other issuances necessary to ensure effective implementation of Executive Order No. 247. (Section 9)
If any portion or provision is declared unconstitutional, it does not nullify other portions or provisions that can subsist and be given effect in their entirety. (Section 10)
Laws, ordinances, rules, regulations, other issuances, or parts thereof inconsistent with Executive Order No. 247 are repealed or modified accordingly. (Section 11)