ESTIMATED MONETARY REQUIREMENT
LANDBASED
 5,000, 000PHP—minimum paid up capital (Part II,
Rule I Sec.2 of Revised POEA Rules for Landbased
Workers)
 25,000PHP— non-refundable filing fee (Part II,
Rule II, Sec. 5 Revised POEA Rules for Landbased
Workers)
 100,000PHP—Payment of license fee (Part II, Rule
II, Sec. 9e Revised POEA Rules for Landbased
Workers)
 1,000,000PHP—escrow deposit with a bank
authorized by Bangko Sentral ng Pilipinas (Part II,
Rule II, Sec. 9f Revised POEA Rules for Seafarers)
TOTAL: 6,125,000PHP or an estimated monetary
requirement of 6, 200, 000PHP
SEAFARERS
 5,000, 000PHP—minimum paid up capital (Part II,
Rule I Sec.2 of Revised POEA Rules for Seafarers)
2-Viada Notes on Labor Standards (Atty. Maria Christina Sagmit) by: Piang, Labastida, Romanes, Penamante, Romanes, and Libang
LAW: Revised POEA Rules and Regulations Governing the Recruitment and
Employment of Landbased Overseas Filipino Workers
SECTION 2. Who may participate; Required Capitalization. — Any Filipino
citizen acting as a sole proprietor or a partnership, or a corporation at least
seventy-five percent (75%) of the authorized and voting capital stock of
which is owned and controlled by Filipino citizens, may engage in the
business of recruitment and placement of Filipino workers.
The sole proprietor and partnership shall have a minimum capitalization of
Five Million Pesos (PhP5,000,000.00) and a minimum paid up capital of Five
Million Pesos (PhP5,000,000.00) in case of a corporation.
Those with existing licenses shall, within four (4) years from effectivity
hereof, increase their capitalization or paid up capital, as the case may be,
to Five Million Pesos (PhP5,000,000.00) at the rate of Seven Hundred Fifty
Thousand Pesos (PhP750,000.00) every year
SECTION 5. Payment of Filing Fee.— Upon receipt of the complete
requirements for application, the Administration shall require payment of a
non-refundable filing fee of Twenty-Five Thousand Pesos (PhP25,000.00)
and submission of proof of payment thereof.
SECTION 9.Submission of Post-Qualification Requirements.— Upon receipt
of the notification, the applicant shall submit the following post-
qualification requirements prior to the issuance of the provisional license:
xxx
(e.) Payment of license fee of One Hundred Thousand Pesos
(PhP100,000.00)
(f) An escrow agreement with a bank authorized by the Bangko Sentral ng
Pilipinas to handle
trust accounts, with deposit in the amount of One Million Pesos
(PhP1,000,000.00)
escrow deposit shall not be sourced from the capitalization requirement
LAW: Revised POEA Rules and Regulations Governing the Recruitment and
Employment of Seafarers
SECTION 2. Who may participate; Required Capitalization. — Any Filipino
citizen acting as a sole
proprietor or a partnership, or a corporation at least seventy-five percent
(75%) of the authorized and
voting capital stock of which is owned and controlled by Filipino citizens,
may engage in the business of recruitment and placement of Filipino
workers.
The sole proprietor and partnership shall have a minimum capitalization of
Five Million Pesos
(PhP5,000,000.00) and a minimum paid up capital of Five Million Pesos
(PhP5,000,000.00) in case of a corporation.
Those with existing licenses shall, within four (4) years from effectivity

 25,000PHP— non-refundable filing fee (Part II,
Rule II, Sec. 5 Revised POEA Rules for Seafarers)
 100,000PHP—Payment of license fee (Part II, Rule
II, Sec. 9e Revised POEA Rules for Seafarers)
 1,000,000PHP—escrow deposit with a bank
authorized by Bangko Sentral ng Pilipinas (Part II,
Rule II, Sec. 9f Revised POEA Rules for Seafarers)
TOTAL: 6,125,000PHP or an estimated monetary
requirement of 6, 200, 000PHP
WHAT ARE VALID RECRUITMENT PRACTICES?
Landbased
RULE III
Overseas Employment and Labor Laws Compliance System
A. ASSESSMENT PRIOR TO THE ISSUANCE OF A LICENSE (POST QUALIFICATION ASSESSMENT)
Assesment shall cover compliance with:
 minimum office space
 facilities and equipment under Section 9 of the law by the applicant whose license application has been approved.
Conducted prior to issuance of provisional license.
Compliance
SECTION 40.Issuance of Certificate of Compliance. — Licensed
recruitment agencies that have complied with overseas
employment rules and regulations shall be issued, within five (5)
days from such compliance, a Certificate of Compliance with a
validity period of two (2) years by the POEA Administrator. The
Certificate of Compliance with general labor standards and
occupational safety and health shall be issued by the DOLE
Regional Director who has territorial jurisdiction over the
establishment. The Certificate of Compliance issued to a licensed
recruitment agency shall cover branch offices that have been
included in the renewal of license.
2-Viada Notes on Labor Standards (Atty. Maria Christina Sagmit) by: Piang, Labastida, Romanes, Penamante, Romanes, and Libang
hereof, increase their
capitalization or paid up capital, as the case may be, to Five Million Pesos
(PhP5,000,000.00) at the
rate of Seven Hundred Fifty Thousand Pesos (PhP750,000.00) every year
SECTION 5. Payment of Filing Fee.— Upon receipt of the complete
requirements for application, the
Administration shall require payment of a non-refundable filing fee of
Twenty-Five Thousand Pesos (PhP25,000.00) and submission of proof of
payment thereof.
SECTION 9.Submission of Post-Qualification Requirements.— Upon receipt
of the notification, the applicant shall submit the following post-
qualification requirements prior to the issuance of the provisional license:
xxx
(e.) Payment of license fee of One Hundred Thousand Pesos
(PhP100,000.00)
(f) An escrow agreement with a bank authorized by the Bangko Sentral ng
Pilipinas to handle
trust accounts, with deposit in the amount of One Million Pesos
(PhP1,000,000.00)
escrow deposit shall not be sourced from the capitalization requirement
Compliance with Deficiencies
In case of non-compliance, the LLCO shall issue a Notice of
Results, together with the accomplished assessment checklist
indicating the deficiencies. The licensed recruitment agency shall
comply with the deficiencies or findings in accordance with the
following:
a. In case of deficiencies on office facilities, equipment, postings
and signs, the agency shall, within five (5) working days from the
date of assessment, correct the deficiencies and submit proof of
compliance for verification. Failure to comply shall cause the
imposition of suspension of documentary processing, until
compliance.
 b. For failure to maintain the required minimum office space,
the agency shall submit proof of compliance within thirty (30)
days from assessment. Failure to comply shall cause the imposition
of suspension of documentary processing, until compliance.

c. In case the audited financial statement indicates an amount

lower than the required capitalization, the agency shall, within
thirty (30) days from the date of assessment, infuse additional
capital up to the required minimum level and submit the
certificate of corporate filing/information on the present paid-up
capital issued by the SEC. Failure to comply shall cause the
suspension of license, until compliance.

d. In case of non-presentation of the books of accounts and

official receipts during assessment, the agency shall be given forty
eight (48) hours to present such books and receipts; otherwise, a
suspension of documentary processing shall be imposed.
e. If an unauthorized person is present in the agency’s premises,
the LLCO shall report such findings for review and endorsement
to the Adjudication Office for administrative proceedings.

B. REGULAR ASSESSMENT

Purposes:

 requirement for upgrading of the provisional license to a regular license

 renewal of license and branch authority
 transfer of office
Done once every 2 years after renewal of license.

Covers:

a) Maintenance of the minimum office space, facilities and equipment;

b) Maintenance of the required signs and postings, such as POEA door sticker, agency license, organizational chart, “Kaukulang
Bayad” poster and anti-illegal recruitment campaign posters;
c) Examination of books of accounts, official receipts, and financial statements;
d) Compliance with general labor standards and occupational safety and health standards.

RULE VI

Skills Test and Medical Examination for Overseas Employment

Skills Testing

 Undergo a skills test in a TESDA-accredited skills testing center only after the licensed recruitment agency and/or its
principal/employer has pre-qualified him/her for work covered by an approved job order. The licensed recruitment agency shall
ensure that the appropriate skills test shall be administered to the worker, corresponding to the position/job category applied
for.

Medical/Health Examination

 As required by the medical protocol of the host country. The medical examination shall be conducted through a DOH-accredited
medical clinic of his/her choice, and only after reasonable certainty that the worker shall be hired by the principal/employer
under an approved job order.
 Licensed recruitment agency shall ensure that the coverage of medical examination is in accordance with the standard
requirements of the host government and the principal/employer.

2-Viada Notes on Labor Standards (Atty. Maria Christina Sagmit) by: Piang, Labastida, Romanes, Penamante, Romanes, and Libang
Seafarers

RULE III

ASSESSMENT PRIOR TO THE ISSUANCE OF A LICENSE (POST QUALIFICATION ASSESSMENT)

Scope of Assessment

 Covers compliance with: minimum office space

 facilities and equipment under Section 9 of the law by the applicant whose license application has been approved.
Conducted prior to issuance of provisional license.

Regular Assessment

Purposes:

 requirement for upgrading of the provisional license to a regular license

 renewal of license and branch authority
 transfer of office
Done once every 2 years after renewal of license.

Covers:

e) Maintenance of the minimum office space, facilities and equipment;

f) Maintenance of the required signs and postings, such as POEA door sticker, agency license, organizational chart, “Kaukulang
Bayad” poster and anti-illegal recruitment campaign posters;
g) Examination of books of accounts, official receipts, and financial statements;
h) Compliance with general labor standards and occupational safety and health standards.

Compliance Compliance with Deficiencies

SECTION 41. Issuance of Certificate of Compliance. — Licensed
manning agencies that have complied with overseas employment
rules and regulations shall, within five (5) days from such compliance,
be issued a Certificate of Compliance with a validity period of two (2)
years by the POEA Administrator. Certificate of Compliance with
general labor standards and occupational safety and health standards
shall be issued by the DOLE Regional Director that has territorial
jurisdiction over the establishment.
The Certificate of Compliance issued to a licensed manning agency
shall cover branch offices that have been included in the renewal of
license.
SECTION 42. Compliance with Deficiencies. — In case of non-
compliance, the LLCO shall issue a Notice of Results, together with
the accomplished assessment checklist indicating the deficiencies.
The agency shall comply with the deficiencies or findings in
accordance with the following:
a. In case of deficiencies on office facilities, equipment, postings
and signages, the licensed manning agency shall, within five (5)
working days from the date of assessment, correct the deficiencies
and submit proof of compliance for verification. Failure to comply
shall cause the imposition of suspension of documentary
processing, until compliance.

b. For failure to maintain the required minimum office space, the

licensed manning agency shall submit proof of compliance within
thirty (30) days from assessment. Failure to comply shall cause the
imposition of suspension of documentary processing, until
compliance.

c. In case the audited financial statement indicates an amount

lower than the required capitalization, the licensed manning
agency shall, within thirty (30) days from the date of assessment,
infuse additional capital up to the required minimum level and
submit the certificate of corporate filing/information on the
present paid-up capital issued by the SEC, or infusion through cash
advances from the shareholders. Failure to comply shall cause the
2-Viada Notes on Labor Standards (Atty. Maria Christina Sagmit) by: Piang, Labastida, Romanes, Penamante, Romanes, and Libang
 suspension of license, until compliance.

d. In case of non-presentation of the books of accounts and

official receipts during assessment, the licensed manning agency
shall be given ten (10) days to present such books and receipts;
otherwise, a suspension of documentary processing shall be
imposed

. e. If an unauthorized personnel is present in the agency’s

premises, the LLCO shall report such findings for review and
endorsement to the Adjudication Office for administrative
proceedings. In case of deficiencies on general labor standards
and occupation safety and health standards, the DOLE shall have
jurisdiction over the agency’s compliance in accordance with the
Rules on LLCS.

RULE VIII

Advertisement for Overseas Job Vacancies

Landbased:

Advertisements shall include publication of job vacancies in any form of communcation such as:

 Press releases
 Printed materials
 Advertisements in radio, television, cinemas, internet, social media and other electronic forms, billboards, moving and human
advertisements, and ad boards.

Licensed recruitment agencies may advertise job vacancies covered by approved job orders of accredited principals/employers without
prior approval from the Administration and within the validity of its accreditation. The advertisement shall indicate the following
information:

a. Name, address and POEA license number of the agency;

b. Name, address, POEA registration/accreditation number and worksite of the accredited principal/employer;

c. Skill categories and qualification standards;

d. Number of available positions and salaries net of foreign income tax.

Seafarers:

Advertisements shall include publication of job vacancies in any form of communcation such as:

 Press releases
 Printed materials
 Advertisements in radio, television, cinemas, internet, social media and other electronic forms, billboards, moving and human
advertisements, and ad boards.
Laws:

Landbased Seafarers
SECTION 67.Advertisement for Overseas Employment.— Rule VII
Advertisement for overseas employment shall include the SECTION 62. Advertisement for Overseas Employment. —
publication of job vacancies in any form of communication, Advertisement for overseas employment shall include the publication of
such as press releases, printed materials, or advertisements in job vacancies in any form of communication, such as press releases,
radio, television, cinemas, internet, social media and other printed materials, or advertisements in radio, television, cinemas,
electronic forms, billboards, moving and human advertisements, internet, social media and other electronic forms, billboards, moving
and ad boards. and human advertisements, and ad boards.

Illegal Recruitment defined

Landbased Seafarers
2-Viada Notes on Labor Standards (Atty. Maria Christina Sagmit) by: Piang, Labastida, Romanes, Penamante, Romanes, and Libang
Rule X, Section 76
any act of canvassing, enlisting, contracting, transporting,
utilizing, hiring or procuring workers and includes referrals,
contract services, promising or advertising for employment
abroad, whether for profit or not, when undertaken by a
non-licensee or non-holder of authority contemplated
under Article 13(f) of Presidential Decree No. 442, as
amended, otherwise known as the Labor Code of the
Philippines: Provided, that any such non-licensee or non-
holder who, in any manner, offers or promises for a fee
employment abroad to two or more persons shall be
deemed so engaged.
Rule X, Section 72
any act of canvassing, enlisting, contracting, transporting,
utilizing, hiring or procuring seafarers and includes referrals,
contract services, promising or advertising for employment
abroad, whether for profit or not, when undertaken by a non-
licensee or non-holder of authority; provided, that any such
non-licensee or non-holder who, in any manner, offer or
promises for a fee employment abroad to two or more persons
shall be deemed so engaged.

Legal Assistance and Enforcement Measures

LANDBASED

Prohibited acts

 May be committed by any person.

 Any person, whether holder of a license or authority.

These prohibted acts are the ff:

1. To accept directly or indirectly any amount greater than allowable fees prescribed by Secretary or make worker pay recruiter or its agents
or acknowledge any amount greater than that actually loaned/advanced to him.
2. Publish false notice, information or document in relation to recruitment or employment.
3. Giving false notice, testimony or document. Any act of misrepresentation for the purpose of a securing a license or authority under the
Labor Code.
4. False notice, testimony, information, document of false misrepresentation for the purpose of documenting hired seafarers with the POEA.
Includes act of reprocessing seafarers through a crew request that pertains to non-existent work, or work with a different ship whether or
not accredited with the POEA.
5. Inducement or the attempt to induce an employed seafarer to quit his job or offer another. Valid only if it is to liberate from oppressive
employment.
6. Influencing or attempt to influence any person or entity not to employ any seafarer who has not applied for employment through his
agency or who has formed, joined, supported, or has contacted or is supported by any union or seafarers’ organization.
7. Engagement in recruitment or placement of seafarers in jobs harmful to public health or morality or to the dignity of the Philippines as
prohibited by law or duly constituted authority.
8. Obstruction or attempt to obstruct inspection by the Secretary or his/her duly authorized representative.
9. Failure to submit information required by the Secretary under penalty of law.
10. Substitute or alter employment contract verified by DOLE from the time of signing to expiration thereof, to the prejudice of the worker.
11. An officer, agent of a recruitment or placement agency to become member of Board, officer, or person directly or indirectly engaged in a
travel agency.
12. Witholding or denial of travel documents from applicant seafarers before departure for monetary, financial, or any reasons other than
those authorized by law.
13. Failure to deploy a worker without valid reason determined by the DOLE.
14. Failure to reimburse expenses by worker with processing fees if deployment did not take place without the fault of the worker.
15. Non-Filipino citizen would head or manage a recruitment agency.
16. Arrange, facilitate or grant a loan to an OfW with an interest exceeding 8% per annum used for payment of legal and allowable
placement fees and make the migrant worker issue, either personally or through a guarantor or accommodation party,
postdated checks in relation to the said loan.
17. Imposing compulsory or exclusive arrangement for a seafarer where it is required to avail a loan from a specific institution, entities or
persons.
18. Refuse to condone or renegotiate loan incurred by OFW after his/her employment contract prematurely terminated without his or her
own fault.
19. Imposing compulsory or exclusive arrangement for an OFW where it is required to undergo health examinations only from specific
medical clinics, institutions, entities or persons. Exception: if it is shouldered by the principal/employer
20. Imposing compulsory or exclusive arrangement for an OFW where it is required to undergo training, seminar, instruction or schooling of
any kind in specific institutions, entities or persons. Exception: cost shouldered by principal or employer.
21. Suspended receuitment agency to engage in any kind of recruitment activity including the processing of pending seafarers’ applications.

2-Viada Notes on Labor Standards (Atty. Maria Christina Sagmit) by: Piang, Labastida, Romanes, Penamante, Romanes, and Libang
 22. A licensed recruitment agency, principal or employer to pass-on to or deduct from OFW’s salary the payment of the cost of insurance
fees, premium or other insurance related charges, as provided under the compulsory workers insurance coverage.

SEAFARERS

Prohibited acts

 May be committed by any person.

 Any person, whether holder of a license or authority.
These prohibted acts are the ff:

1. Charge or accept directly or indirectly any amount of money, goods, services, fee or bond for any purpose from an applicant seafarer.
2. Publish false notice, information or document in relation to recruitment or employment.
3. Giving false notice, testimony or document. Any act of misrepresentation for the purpose of a securing a license or authority under the
Labor Code.
4. False notice, testimony, information, document of false misrepresentation for the purpose of documenting hired seafarers with the POEA.
Includes act of reprocessing seafarers through a crew request that pertains to non-existent work, or work with a different ship whether or
not accredited with the POEA.
5. Inducement or the attempt to induce an employed seafarer to quit his job or offer another. Valid only if it is to liberate from oppressive
employment.
6. Influencing or attempt to influence any person or entity not to employ any seafarer who has not applied for employment through his
agency or who has formed, joined, supported, or has contacted or is supported by any union or seafarers’ organization.
7. Engagement in recruitment or placement of seafarers in jobs harmful to public health or morality or to the dignity of the Philippines as
prohibited by law or duly constituted authority.
8. Obstruction or attempt to obstruct inspection by the Secretary or his/her duly authorized representative.
9. Failure to submit information required by the Secretary under penalty of law.
10. Substitution or alteration of employment contract to the prejudice of the seafarer. Period: Time of actual signing and expiration thereof.
11. An officer, agent of a recruitment or placement agency to become member of Board, officer, or person directly or indirectly engaged in a
travel agency.
12. Witholding or denial of travel documents from applicant seafarers before departure for monetary, financial, or any reasons other than
those authorized by law.
13. Failure to deploy a contracted seafarer without valid reason.
14. Failure to reimburse expenses by seafarer with processing fees if deployment did not take place without the fault of the seafarer.
15. Non-Filipino citizen would head or manage a manning agency.
16. Imposing compulsory or exclusive arrangement for a seafarer where it is required to avail a loan from a specific institution, entities or
persons.
17. Imposing compulsory or exclusive arrangement for a seafarer where it is required to undergo health examinations only from specific
medical clinics, institutions, entities or persons. Exception: if it is shouldered by the principal/employer
18. Imposing compulsory or exclusive arrangement for a seafarer where it is required to undergo training, seminar, instruction or schooling
of any kind in specific institutions, entities or persons. Exception: cost shouldered by principal or employer.
19. Suspended manning agency to engage in any kind of recruitment activity including the processing of pending seafarers’ applications.
20. A licensed manning agency, principal or employer to pass-on to or deduct from seafarer’s salary the payment of the cost of insurance
fees, premium or other insurance related charges, as provided under the compulsory seafarer’s insurance coverage.

Differences between the prohibited acts of Landbased and Seafarers

Prohibited Acts; Landbased Prohibited Acts; Seafarers

 22 prohibited acts
1. To accept directly or indirectly any amount greater than
allowable fees prescribed by Secretary or make worker
pay recruiter or its agents or acknowledge any amount
greater than that actually loaned/advanced to him.
2. Substitution or alteration of employment contract
approved by the DOLE to the prejudice of the seafarer.
Period: Time of actual signing and expiration thereof.
3. Refuse to condone or renegotiate loan incurred by OFW
after his/her employment contract prematurely
terminated without his or her own fault.
4. Failure to deploy a worker without valid reason
determined by the DOLE.
5. Arrange, facilitate or grant a loan to an OfW with an
interest exceeding 8% per annum used for payment of
2-Viada Notes on Labor Standards (Atty. Maria Christina Sagmit) by: Piang, Labastida, Romanes, Penamante, Romanes, and Libang
 20 prohibited acts
1. Charge or accept directly or indirectly any amount of money,
goods, services, fee or bond for any purpose from an applicant
seafarer.
2. Substitution or alteration of employment contract approved
by POEA the prejudice of the seafarer. Period: Time of actual
signing and expiration thereof.
3. -Not found under prohibited acts for seafarers.
4. Failure to deploy a contracted seafarer without valid reason as
determined by the Administration.
5. -Not found under prohibited acts for seafarers-
 legal and allowable placement fees and make the
migrant worker issue, either personally or through a
guarantor or accommodation party, postdated checks
in relation to the said loan.

Landbased Seafarers

SECTION 76. Acts Constituting Illegal Recruitment. — Illegal SECTION 72. Acts Constituting Illegal Recruitment. — Illegal
Recruitment shall mean any act of canvassing, enlisting, Recruitment shall mean any act of canvassing, enlisting, contracting,
contracting, transporting, utilizing, hiring or procuring workers and transporting, utilizing, hiring or procuring seafarers and includes
includes referrals, contract services, promising or advertising for referrals, contract services, promising or advertising for employment
employment abroad, whether for profit or not, when undertaken abroad, whether for profit or not, when undertaken by a non-licensee
by a non-licensee or non-holder of authority contemplated under or non-holder of authority; provided, that any such non-licensee or
Article 13(f) of Presidential Decree No. 442, as amended, non-holder who, in any manner, offer or promises for a fee
otherwise known as the Labor Code of the Philippines: Provided, employment abroad to two or more persons shall be deemed so
that any such non-licensee or non-holder who, in any manner, engaged. It shall likewise include the following prohibited acts
offers or promises for a fee employment abroad to two or more committed by any person whether or not a holder of a license or
persons shall be deemed so engaged. It shall likewise include the authority:
following prohibited acts committed by any person whether or
not a licensee or a holder of authority: a. To charge or accept directly or indirectly any amount of money,
goods or services, or any fee or bond for any purpose from an
a. To charge or accept directly or indirectly any amount greater applicant seafarer;
than that specified in the schedule of allowable fees prescribed
by the Secretary or to make a worker pay the recruiter or its b. To furnish or publish any false notice or information or document in
agents or acknowledge any amount greater than that actually relation to recruitment or employment;
loaned or advanced to him;
c. To give any false notice, testimony, information or document or
b. To furnish or publish any false notice or information or commit any act of misrepresentation for the purpose of securing a
document in relation to recruitment or employment; license or authority under the Labor Code;

c. To give any false notice, testimony, information or document d. To give any false notice, testimony, information or document or
or commit any act of misrepresentation for the purpose of commit any act of misrepresentation for the purpose of documenting
securing a license or authority under the Labor Code; hired seafarers with the POEA, which include the act of reprocessing
seafarers through a crew request that pertains to non-existent work,
d. To give any false notice, testimony, information or document or work with a different ship whether or not accredited with the
or commit any act of misrepresentation for the purpose of POEA;
documenting hired workers with the POEA, which include the act
of reprocessing workers through a job order that pertains to e. To induce or attempt to induce a seafarer already employed to quit
non-existent work, work different from the actual overseas work, his employment in order to offer him another unless the transfer is
or work with a different employer whether registered or not with designed to liberate a seafarer from oppressive terms and conditions
the POEA; of employment; f. To influence or attempt to influence any person or
entity not to employ any seafarer who has not applied for
e. To induce or attempt to induce a worker already employed to employment through his agency or who has formed, joined or
quit his/her employment in order to offer him another unless the supported, or has contacted or is supported by any union or seafarers’
transfer is designed to liberate a worker from oppressive terms organization;
and conditions of employment;
g. To engage in the recruitment or placement of seafarers in jobs
f. To influence or attempt to influence any person or entity not harmful to public health or morality or to the dignity of the Republic
to employ any worker who has not applied for employment of the Philippines as may be prohibited by law or duly constituted
through his/her agency or who has formed, joined or supported, authority;
or has contacted or is supported by any union or workers’
organization; h. To obstruct or attempt to obstruct inspection by the Secretary or by
his/her duly authorized representative;
g. To engage in the recruitment or placement of workers in jobs
harmful to public health or morality or to the dignity of the i. To fail to submit reports on the status of employment, remittance
Republic of the Philippines as may be prohibited by law or duly of foreign exchange earnings, separation from jobs, departures and
constituted authority; such other matters or information as may be required by the
Secretary under penalty of law;
h. To obstruct or attempt to obstruct inspection by the Secretary
or by his/her duly authorized representative; j. To substitute or alter to the prejudice of the seafarer, employment
2-Viada Notes on Labor Standards (Atty. Maria Christina Sagmit) by: Piang, Labastida, Romanes, Penamante, Romanes, and Libang
 contract approved and verified by the Administration from the time of
i. To fail to submit reports on the status of employment, actual signing thereof by the parties up to and including the period of
placement vacancies, remittance of foreign exchange earnings, the expiration of the same without the approval of the
separation from jobs, departures and such other matters or Administration;
information as may be required by the Secretary under penalty
of law; k. For an officer or agent of a recruitment or placement agency to
become an officer or member of the Board of any corporation
j. To substitute or alter to the prejudice of the worker, engaged in travel agency or to be engaged directly or indirectly in the
employment contract approved and verified by the DOLE from management of a travel agency;
the time of actual signing thereof by the parties up to and
including the period of the expiration of the same without the l. To withhold or deny travel documents from applicant seafarers
approval of the DOLE; before departure for monetary or financial considerations, or for any
other reasons, other than those authorized under existing laws;
k. For an officer or agent of a recruitment or placement agency
to become an officer or member of the Board of any corporation m. To fail to actually deploy a contracted seafarer without valid reason
engaged in travel agency or insurance agency or to be engaged as determined by the Administration;
directly or indirectly in the management of a travel agency or
insurance agency; n. To fail to reimburse expenses incurred by the seafarer in connection
with his/her processing for purposes of deployment, in cases where
l. To withhold or deny travel documents from applicant workers the deployment does not actually take place without the seafarer's
before departure for monetary or financial considerations, or for fault;
any other reasons, other than those authorized under the Labor
Code and its implementing rules and regulations; o. To allow a non-Filipino citizen to head or manage a manning
agency;
m. To fail to actually deploy a contracted worker without valid
reason as determined by the DOLE; p. To impose a compulsory and exclusive arrangement whereby a
seafarer is required to avail of a loan only from specifically designated
n. To fail to reimburse expenses incurred by the worker in institutions, entities or persons;
connection with his/her documentation and processing for
purposes of deployment, in cases where the deployment does not q. To impose a compulsory and exclusive arrangement whereby the
actually take place without the worker's fault; Filipino seafarer is required to undergo health examinations only from
specifically designated medical clinics, institutions, entities or persons,
o. To allow a non-Filipino citizen to head or manage a except in the case of a seafarer whose medical examination cost is
recruitment agency; shouldered by the principal/employer;

p. To arrange, facilitate or grant a loan to an Overseas Filipino
Worker with interest exceeding eight percent (8%) per annum,
which will be used for payment of legal and allowable placement
fees and make the migrant worker issue, either personally or
through a guarantor or accommodation party, postdated checks in
relation to the said loan;
r. To impose compulsory and exclusive arrangement whereby the
Filipino seafarer is required to undergo training, seminar, instruction
or schooling of any kind only from specifically designated institutions,
entities or persons, except for recommendatory trainings mandated
by principal/employer where the latter shoulder the cost of such
trainings;

q. To impose a compulsory and exclusive arrangement whereby an s. For a suspended manning agency to engage in any kind of
Overseas Filipino Worker is required to avail of a loan only from recruitment activity including the processing of pending seafarers’
specifically designated institutions, entities or persons; applications;

r. To refuse to condone or renegotiate a loan incurred by an t. For a licensed manning agency or a principal/employer to pass-on to
Overseas Filipino Worker after the latter’s employment contract the Filipino seafarer or deduct from his/her salary the payment of the
has been prematurely terminated through no fault of his/her cost of insurance fees, premium or other insurance related charges, as
own; provided under the compulsory seafarer’s insurance coverage;

s. To impose a compulsory and exclusive arrangement whereby an

Overseas Filipino Worker is required to undergo health
examinations only from specifically designated medical clinics,
institutions, entities or persons, except in the case of a worker
whose medical examination cost is shouldered by the principal;

t. To impose a compulsory and exclusive arrangement whereby an

Overseas Filipino Worker is required to undergo training, seminar,
instruction or schooling of any kind only from specifically
designated institutions, entities or persons, except for
recommendatory trainings mandated by principals where the
latter shoulder the cost of such trainings;

2-Viada Notes on Labor Standards (Atty. Maria Christina Sagmit) by: Piang, Labastida, Romanes, Penamante, Romanes, and Libang
u. For a suspended recruitment agency to engage in any kind of
recruitment activity including the processing of pending workers’
applications; and

v. For a recruitment agency or a foreign principal/employer to pass

on to the Overseas Filipino Worker or deduct from his/her salary
the payment of the cost of insurance fees, premium or other
insurance related charges, as provided under the compulsory
worker’s insurance coverage.

2-Viada Notes on Labor Standards (Atty. Maria Christina Sagmit) by: Piang, Labastida, Romanes, Penamante, Romanes, and Libang