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BALBUENA, PEEVE KAYE V.

ADMINISTRATIVE AND ELECTION LAWS


JURIS DOCTOR- 2 5:30 PM- 8:30 PM TUESDAY

1. Name of Agency
Philippine Overseas Employment Administration (POEA)
2. What is the Law that created the Agency?
Executive Order No. 797 (May 1, 1982) created the Philippine Overseas Employment
Administration (POEA) by integrating under it the functions of the Overseas Employment
Development Board, the National Seamen Board, and the overseas employment functions of the Bureau
of Employment Service.
Other Legal Basis:
Executive Order No. 247 (July 24, 1987) reorganized the POEA and expanded its powers and
functions to enhance its effectiveness in responding to changing market and economic conditions and
to strengthen the worker protection and regulation components of the overseas employment program.
Republic Act No. 8042 (June 7, 1995), Migrant Workers and Overseas Filipinos Act of 1995,
instituted policies on overseas employment and established a higher standard of protection and
promotion for the welfare of migrant workers, their families, and overseas Filipinos in distress.
Republic Act No. 9422 ( April 10, 2007) amended RA 8042 and strengthened POEA’s regulatory
functions, expanding its duties to include providing information on the human rights of workers and
ensuring that the development of OFWs are restricted to countries with whom the Philippines has
bilateral agreements.
3. What is the Mandate of the Agency?

The Philippine Overseas Employment Administration (POEA) is mandated to manage the


country’s overseas employment program.

4. What are the powers exercised by the agency?

Industry Regulation

 Issues license to engage in overseas recruitment and manning to private recruitment


agencies and ship manning companies
 Hears and arbitrates complaints and cases filed against recruitment and manning agencies,
foreign principals and employers, and overseas workers for reported violation of POEA
rules and regulations, except for money claims
 Implements a system of incentives and penalty for private sector participants
 Sets minimum labor standards
 Monitors overseas job advertisements on print, broadcast and television
 Supervises the government’s program on anti-illegal recruitment
 Imposes disciplinary actions on erring employers and workers and seafarers
Employment Facilitation

 Accredits/ registers foreign principals and employers hiring Filipino workers


 Approves manpower requests of foreign principals and employers
 Evaluates and processes employment contracts
 Assists departing workers at the ports of exit
 Develops and monitors markets and conducts market research
 Conducts marketing missions
 Enters into memorandum of understanding on the hiring of Filipino workers with labor–
receiving countries
 Facilitates the deployment of workers hired through government-to-government
arrangement
 Provides a system of worker’s registry

Worker’s Protection

 Intensifies public education and information campaign


 Conducts pre-employment orientation and anti-illegal recruitment seminars nationwide
 Conducts Pre-Deployment Orientation Seminars (PDOS) to workers hired through the
government-to-government arrangement and name hires
 Provides technical assistance in the drafting of bilateral and multilateral agreements
 Provides legal assistance to victims of illegal recruitment
 OFW global mapping and profiling
 Implements gender-sensitive programs
 Networks with non-government organizations, workers’ organizations, etc.
 Provides repatriation assistance
 Provides a system of worker’s registry

General Administration and Support Services

 Human Resources Development


 Property and Supplies Management
 Financial Management
 Information and Communication Technology
 Plans and Policy Development
 Quality Management System

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