EXECUTIVE ORDER NO. 1022 May 1, 1985
ON STRENGTHENING THE ADMINISTRATIVE AND OPERATIONAL CAPABILITIES OF THE OVERSEAS EMPLOYMENT PROGRAM
WHEREAS, changed realities in the international labor market have brought keener competition among labor supplying countries for diminishing job opportunities and also the lowering of employment benefits under totally different terms and conditions of employment;
WHEREAS, this development overseas requires the fine tuning of overseas employment policies and the adoption of new and innovative approaches both at the administrative and operational levels of the overseas employment program if it has to maintain relevance and remain highly competitive;
WHEREAS, in pursuance with the above considerations, there is a compelling need to assure the continued and efficient delivery of services and maintenance of critical operations of the overseas employment program;
WHEREAS, there is the necessity of continuing the fight against illegal recruitment in order to prevent innocent applicants for jobs overseas from being fleeced of their hard earned possessions for non-existent jobs overseas;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of...
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Executive Orders
On Strengthening the Administrative and Operational Capabilities of the Overseas Employment Program
Executive Order No. 1022
Summary of Executive Order No. 1022
Strengthening the Administrative and Operational Capabilities of the Overseas Employment Program
1. Campaign against illegal recruitment:
- Intensify campaign against illegal recruitment, focusing on information dissemination, arrest, and prosecution of offenders. (Section 1)
- Expand closure and arrest power of the Minister of Labor and Employment to include authority to seize documents involved in illegal recruitment operations. (Section 1)
- Allocate P3 million yearly from the Welfare Fund for intensive implementation of P.D. 1920, including hiring additional personnel for prosecution and special operations. (Section 1)
2. Employment Guarantee Trust Fund:
- Establish an Employment Guarantee Trust Fund for workers hired on a government-to-government arrangement. (Section 2)
- The fund shall be used to answer for monetary claims of workers arising from inadequate or unsatisfactory enforcement of contractual obligations by foreign government entities as employers. (Section 2)
- Set aside US $10.00 from the welfare fund contributions paid by foreign government employers for each worker hired through POEA. (Section 2)
- The fund shall be managed by POEA, with implementing guidelines issued by POEA, Office of Budget and Management, and Commission on Audit. (Section 2)
3. One-Stop Processing Center:
- Complete and operationalize the infrastructure component of the One-Stop Processing Center for overseas workers. (Section 3)
- Extend the authority granted under Letter of Instructions No. 1319 for a period of twelve (12) months retroactive to May 1984. (Section 3)
- Allow POEA to use 10% of its annual income for the maintenance of the physical facilities of the One-Stop Processing Center. (Section 3)
4. Amnesty for Filipinos working overseas:
- The Ministry of Labor and Employment and the Ministry of Foreign Affairs to study and implement, where possible, the grant of amnesty to Filipinos who left the country as tourists but were able to find employment overseas and now want to regularize their status as contract workers. (Section 4)
5. Consolidation or merger of private employment agencies:
- Formulate guidelines allowing the consolidation, merger, or conversion into partnerships or corporations of licensed private employment agencies, manning agencies, or contractors. (Section 5)
- The aim is to upgrade or raise their capabilities to meet competition in the international labor market and enable them to better comply with responsibilities arising from the recruitment and deployment of workers overseas. (Section 5)
- The prohibition of issuance of new licenses under LOI No. 1190 shall not apply to the new entity created by reason of the above merger, consolidation, or upgrading. (Section 5)
6. Maximization of overseas job opportunities for Filipino construction workers:
- Repeal the exclusive privilege granted to local construction companies to export Filipino construction workers under LOI No. 852. (Section 6)
7. Collection of service fees for contract verification:
- Authorize the Ministry of Labor and Employment and its designated representatives in Philippine foreign missions to collect a service fee for the verification of overseas employment contracts, recruitment agreements, or special powers of attorney. (Section 7)
- Set aside a special fund from the collection of these fees to be used exclusively for the promotion of overseas employment and welfare services to Filipino workers within the area of jurisdiction of said foreign missions under the administration of the MOLE. (Section 7)
Strengthening the Administrative and Operational Capabilities of the Overseas Employment Program
1. Campaign against illegal recruitment:
- Intensify campaign against illegal recruitment, focusing on information dissemination, arrest, and prosecution of offenders. (Section 1)
- Expand closure and arrest power of the Minister of Labor and Employment to include authority to seize documents involved in illegal recruitment operations. (Section 1)
- Allocate P3 million yearly from the Welfare Fund for intensive implementation of P.D. 1920, including hiring additional personnel for prosecution and special operations. (Section 1)
2. Employment Guarantee Trust Fund:
- Establish an Employment Guarantee Trust Fund for workers hired on a government-to-government arrangement. (Section 2)
- The fund shall be used to answer for monetary claims of workers arising from inadequate or unsatisfactory enforcement of contractual obligations by foreign government entities as employers. (Section 2)
- Set aside US $10.00 from the welfare fund contributions paid by foreign government employers for each worker hired through POEA. (Section 2)
- The fund shall be managed by POEA, with implementing guidelines issued by POEA, Office of Budget and Management, and Commission on Audit. (Section 2)
3. One-Stop Processing Center:
- Complete and operationalize the infrastructure component of the One-Stop Processing Center for overseas workers. (Section 3)
- Extend the authority granted under Letter of Instructions No. 1319 for a period of twelve (12) months retroactive to May 1984. (Section 3)
- Allow POEA to use 10% of its annual income for the maintenance of the physical facilities of the One-Stop Processing Center. (Section 3)
4. Amnesty for Filipinos working overseas:
- The Ministry of Labor and Employment and the Ministry of Foreign Affairs to study and implement, where possible, the grant of amnesty to Filipinos who left the country as tourists but were able to find employment overseas and now want to regularize their status as contract workers. (Section 4)
5. Consolidation or merger of private employment agencies:
- Formulate guidelines allowing the consolidation, merger, or conversion into partnerships or corporations of licensed private employment agencies, manning agencies, or contractors. (Section 5)
- The aim is to upgrade or raise their capabilities to meet competition in the international labor market and enable them to better comply with responsibilities arising from the recruitment and deployment of workers overseas. (Section 5)
- The prohibition of issuance of new licenses under LOI No. 1190 shall not apply to the new entity created by reason of the above merger, consolidation, or upgrading. (Section 5)
6. Maximization of overseas job opportunities for Filipino construction workers:
- Repeal the exclusive privilege granted to local construction companies to export Filipino construction workers under LOI No. 852. (Section 6)
7. Collection of service fees for contract verification:
- Authorize the Ministry of Labor and Employment and its designated representatives in Philippine foreign missions to collect a service fee for the verification of overseas employment contracts, recruitment agreements, or special powers of attorney. (Section 7)
- Set aside a special fund from the collection of these fees to be used exclusively for the promotion of overseas employment and welfare services to Filipino workers within the area of jurisdiction of said foreign missions under the administration of the MOLE. (Section 7)