DEPARTMENT OF MIGRANT

WORKERS
Administrative
Republic of the Philippines Services

Department of *ligrant
Blas F. Ople Building, Ortigas Avenue cor. EDSA, Mandaluyo
rkerSMARTl
P.M...
DEPARTMENT CIRCULAR NO. 0 1
PROMULGATING THE 2023 DEPARTMENT OF MIGRANT
WORKERS RULES
AND REGULATIONS GOVERNING THE RECRUITMENT AND
EMPLOYMENT OF LANDBASED OVERSEAS FILIPINO WORKERS

WHEREAS, Republic Act (R.A.) No. 11641 or the

Department of Migrant Workers Act was signed into law
on December 30, 2021 and took effect on February 3,
2022;
WHEREAS, R.A. No. 11641 consolidated and merged the
Philippine Overseas
Employment Administration, the Office of the
Undersecretary for Migrant Workers' Affairs of the
Department of Foreign Affairs, the International Labor
Affairs Bureau and all Philippine Overseas Labor Offices
under Department of Labor and Employment, the National
Maritime Polytechnic, the National Reintegration Center
for OFWs under the Overseas Workers Welfare
Administration, and the Office of the Social Welfare
Attaché under the Department of Social Welfare and
Development, and hereby constituted and established the
Department of Migrant Workers (DMW);

WHEREAS, the DMW is the executive department of the

Philippine government tasked to protect the rights and
promote the welfare of Overseas Filipino Workers (OFWs);

WHEREAS, Section 8 (c) of R.A. No. 11641 provides that

the Secretary shall have the power to issue orders,
directives, rules, regulations, and other issuances, upon
due consultation with Stakeholders, to carry out
policies, plans, programs, or projects pursuant to the
provisions of this Act, and exercise such other powers as
may be required to implement and realize the objectives
of the said law;

WHEREAS, considering the creation of the new Department,

there is a need to create
Rules and Regulations to govern the recruitment and
employment of migrant workers;
NOW, THEREFORE, in consideration of the foregoing, the
DMW hereby issues and promulgates the attached 2023
Department of Migrant Workers Rules and Regulations
Governing the Recruitment and Employment of Landbased
Filipino Workers.

Issued on June 9, 2023, Mandaluyong City.

Secretary

Website: www.dmw.gov.ph I Emaii.: [email protected] I Hotlines: 8722-1144, 8722-

1159, 8724-3665, 8722-1163
Republic of the Philippines

Department of *ligrant
Blas F. Ople Building, Oltigas Avenue cor. EDSA, Mandaluyong City 1501

2023 DMW RULES AND REGULATIONS GOVERNING

THE RECRUITMENT AND EMPLOYMENT OF
LANDBASED OVERSEAS FILIPINO WORKERS
PART I
General Provisions
RULE I
Statement of Policy
It is the duty of the State to protect the rights and
promote the welfare of OFWs and their families, by: (a)
ensuring that private recruitment shall meet professional,
legal, and ethical standards; (b) obtaining the best
possible conditions of work that uphold the dignity of
OFWS; (c) providing timely and responsive services to
address their needs regardless of legal status; (d)
ensuring their participation in the formulation of
policies affecting their welfare; and (e) providing
mechanisms for skills development and reintegration.

In adherence to ratified international conventions and

bilateral or multilateral treaties on migration, the
State commits to progressively align its programs and
policies towards the fulfillment of the twenty-three (23)
objectives of the Global Compact for Safe, Orderly and
Regular Migration (GCM).

The State does not promote overseas employment as a means

to economic growth and national development and shall
continuously aim to make it a choice and not a necessity.
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The State shall institute measures that will strengthen
the domestic labor market for the effective reintegration
of OFWs.

RULE Il
Definition of Terms
For purposes of these Rules, the following terms are
defined as follows:

1. Accommodation — refers to houses/housing

facilities provided to OFWs by a recruitment
agency and/or foreign principal/employer.
2. Accreditation — refers to the grant of authority
by the Department to a foreign principal/employer
to recruit and hire Filipino workers through a
licensed recruitment agency for -landbased
overseas employment and other pathways for
regular migration as may be authorized by the
Secretary.
3. Authentication — refers to the attestation by the
Philippine Consular Office or competent authority
of the genuineness of the signature appearing on
the document, for the purpose of identifying a
specific document and giving credence to the
official act of the notary public or certifying
officers thereon for use, if and when required,
as an instrument of evidence in a foreign
country.
4. Contracted worker — refers to an OFW with an
employment contract/offer of employment already
processed by the Department for overseas deployment,
whether as an agency-hire, direct-hire, or rehire.
5. Derogatory record — refers to the certification from
the Department through the
Migrant Workers Protection Bureau that the person
häS ä derogatory
record. This also refers to the resolution on the
finding of probable cause by the Department of
Justice for illegal recruitment or for other
related crimes or offenses, or a licensed
recruitment agency whose license has been cancelled
or revoked by the Department, including its
proprietors, partners or officers, directors, and
employees responsible for the commission of the
crime or offense. This also includes persons with a
certification from the NBI that s/he has a
derogatory record.
6. Direct Hire — refers to workers directly hired by
employers for overseas employment as authorized
by the Secretary and processed by the Department,
including:
 a. Those hired by international organizations;
b. Those hired by members of the diplomatic corps;
c. Name hires or workers who are able to secure
overseas employment opportunities with
employers without the assistance or
participation of any agency; and
d. Other workers as may be allowed by the
Department.
7. Department — refers to the Department of Migrant
Workers.
8. Domestic worker — refers to any person engaged in
domestic work (work performed in or for a
household or any member thereof) within an
employment relationship.
9. DFA — refers to the Department of Foreign
Affairs.
10. Documentation cost — refers to the actual costs
incurred in the documentation of an applicant-
worker in relation to his/her application for
overseas employment.
11. Employer— refers to a person, partnership, or
corporation that directly signs an employment
contract, employs, and pays salaries and benefits
of workers, as well as repatriates hired OFW.
12. Employment Contract/Offer of Employment — refers
to the following:

a. For land-based workers hired by private

recruitment/employment agencies — an individual
written agreement between the foreign
principal/employer and the worker based on the
master employment contract approved by the
Department;
b. For intermodal OFWs — a written occupation or
sector-specific and
Department-approved employment contract
stipulating the standards for employment and the
specific period of employment, individually
adopted and agreed upon by the principal/employer
and the worker; and
c. All other agreements entered into between the
worker and the foreign principal/employer,
enumerating the terms and conditions of
employment based on the minimum labor standards
of the Philippine government and the host
government.

13. Ethical Recruitment — refers to the lawful hiring

of workers in a fair and transparent manner that

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 respects and protects their dignity and human
rights.
14. Foreign Placement Agency or FPA refers to any
single proprietor, partnership, or corporation
duly licensed in the host country to engage in
the recruitment of foreign workers for placement
with their clients.
15. Foreign Service Contractor/Staffing Agency/Labor-
Hire or Dispatch Company — refers to any single
proprietor, partnership, or corporation duly
licensed in the host country to recruit foreign
workers for its projects or for the projects of its
clients, and remains as the employer of the
deployed workers.
16. Jobs Fair — refers to an employment facilitation
service that is a venue for licensed recruitment
agencies to advertise job vacancies for the purpose
of recruiting qualified job applicants.
17. Jobs Fair Authority (JFA) — refers to the authority
granted to a licensed recruitment agency to conduct
recruitment outside of its registered business
address through participation in a jobs fair.
18. Jobsite — refers to the country/territory of
employment as indicated in the DMW-approved
employment contract.
19. Joint and Several Liability — refers to the nature
of liability of the principal/employer and the
licensed recruitment agency, for any and all claims
arising out of the implementation of the employment
contract involving an OFW. It shall likewise refer
to the nature of liability of partners or officers
and directors with the partnership or corporation
over claims arising from an employer-employee
relationship.
20. MWAAC — refers to the Migrant Workers Airport
Assistant Center (formerly Labor Assistance Center
or LAC).
21. LOA — refers to the Letter of Authority issued by
the Department authorizing an accredited foreign
principal or its representative/s to participate in
the screening, interview, and selection of
applicants for their approved job orders, in places
outside the registered business address of the
licensed recruitment agency as indicated in its
Special Recruitment Authority.
22. License — refers to the document issued by the
Secretary or his/her duly authorized representative
authorizing a person, partnership or corporation to
operate a recruitment agency.
23. Licensed Recruitment Agency — refers to any person,
partnership or corporation duly authorized to
engage in the recruitment and placement of workers
for overseas employment.
24. Master Employment Contract — refers to the model
employment agreement submitted by the

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 principal/employer as defined under these Rules,
which contains the terms and conditions of
employment of each worker to be hired by such
principal/employer, with such contract to be duly
verified by the MWO or authenticated by the
Philippine Embassy/Consulate if there is no MWO in
whose jurisdiction the worksite is covered, and
approved by the Department.
25. MWO — refers to the Migrant Workers Office
(formerly Philippine Overseas Labor Office or
POLO).
26. NBI — refers to the National Bureau of
Investigation.
27. NLRC — refers to the National Labor Relations
Commission.
28. Non-licensee — refers to a person, sole proprietor,
partnership, or corporation without a license to
engage in the recruitment and placement of OFW, or
a licensed recruitment agency whose license has
been revoked, cancelled, expired, or delisted from
the roll of licensed recruitment agencies.
29. Overseas Employment Certificate (OEC)/ OFW
Clearance— refers to a document issued to an OFW by
the Department, attesting to the regularity of
his/her recruitment, documentation, and
registration as an OFW, which makes him/her
eligible for overseas employment travel subject to
Philippine immigration laws, and enables him/her to
avail of the privileges granted to OMs.
30. Overseas Filipino Worker (OFW) — refers to a
Filipino who is to be engaged, is engaged, or has
been engaged in remunerated activity in a country
of which he or she is not an immigrant, citizen, or
permanent resident or is not awaiting
naturalization, recognition, or admission, whether
land-based or sea-based regardless of status;
excluding a Filipino engaged under a government-
recognized exchange visitor program for cultural
and educational purposes. For purposes of this
provision, a person engaged in remunerated activity covers a
person who has been contracted for overseas employment but has
yet to leave the Philippines, regardless of status,
and includes "Overseas Contract Workers". The term
"OFW' is synonymous with "Migrant Worker".
31. OWMS — refers to the OFW Welfare Monitoring System.
32. OVWVA — refers to the Overseas Workers Welfare
Administration.

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33. PAOS — refers to the Post-Arrival Orientation
Seminar.
34. PDOS — refers to the Pre-Departure Orientation
Seminar.
35. PEOS — refers to the Pre-Employment Orientation
Seminar.
36. Placement Fee — refers to any and all amounts
charged by a recruitment agency from a worker for
its recruitment and placement services as
prescribed by law and rules and regulations of the
Secretary of the Department.
37. Principal — refers to an employer or foreign
placement agency hiring or engaging Filipino
workers for overseas employment through a licensed
private recruitment/manning agency, or through the
government.
38. POCB — refers to the Philippine Overseas
Construction Board.
39. Proponents — collectively refers to a Single
Proprietor, One Person Corporation, or to all the
Partners, Members of the Board of Directors, and/or
Shareholders of any agency or entity that is
subject to these Rules.
40. Recruitment Agreement — refers to an agreement by
and between the principal and the licensed
recruitment agency or the Department defining their
rights and obligations on the recruitment and
employment of workers.
41. Recruitment and Placement — refers to any act of
canvassing, enlisting, contracting, transporting,
utilizing, hiring, or procuring workers, and
includes referring, contracting services, promising
or advertising for employment abroad, whether for
profit or not.
42. Registration of Worker — refers to the act of
entering in the official records of the Department
the names of overseas job seekers and contracted
workers.
43. Regular/Documented Overseas Filipino Worker —
refers to one:

a. Who possesses a vaJjd passport and

appropriate visa or permit to stay and work in
the receiving country; and
b. Whose contract of employment has been
processed by the Department or MWO.

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44. Rehires — refers to the land-based workers who
renewed their employment contracts with the same
principal. The term "rehires" is synonymous to
BalikManggagawa and returning worker, and refers to
an Overseas Filipino
Worker who has served or is serving his/her employment
contract and is
either: (a) returning to the same employer and the
same job site; or (b) returning to the same
employer in a new job site. It shall likewise
include an Overseas Filipino Worker who has started
his or her employment on-site with a new employer
and is returning to the said employer.
45. Reintegration — refers to a holistic process by
which an overseas Filipino or overseas Filipino
worker, on his/her own or with the assistance of
government and other duty bearers (private sector,
development NGOs or organizations), returns to the
Philippines permanently, in a comfortable and
productive state, through a series of preparations
or interventions geared towards his/her specific
needs, goals, interest, capacities and potentials.
46. Repatriation — refers to the process of bringing back distressed OFWs or
human remains, and the transport of his/her
personal effects. Emergency repatriation may be
carried out in the event of any political unrest or
natural calamities.
47. Service Fee — refers to the amount paid to a
licensed recruitment agency or to the Department
(in the case of government-to-government hired
workers) by foreign principals/employers, as
payment for actual services rendered in relation to
the recruitment and placement of workers.
48. Special Recruitment Authority — refers to the
authority granted to a licensed recruitment agency
to conduct recruitment outside of its registered
business address.
49. Standard Employment Contract — refers to the DMW-
prescribed contract containing the minimum terms
and conditions of employment.
50. TESDA — refers to the Technical Education and
Skills Development Authority.
51. Underage Migrant Worker — refers to one who is
below the minimum age requirement for overseas
employment as prescribed by law and prevailing
rules and regulations.
52. Verification — refers to the procedure being
conducted or applied by the Labor Attaché to ensure

8
 that all the employment rights, benefits, and
welfare of Filipino migrant workers at the worksite
are duly protected.
53. WEDO — refers to full-time and trained Welfare Desk Officers who are
registered personnel of a licensed recruitment
agency, or designated person of a foreign
recruitment agency or foreign placement agency,
tasked to monitor and report the status and
condition of deployed OFWs, and resolve
problems/complaints at the job site.

PART Il
LICENSING AND REGULATION
RULE I
Private Sector Participation in the Overseas
Employment Program
SECTION 1. Participation of the Private Sector. The
private sector shall participate in the recruitment of
Filipino workers for overseas employment in accordance
with these Rules and any subsequent guidelines that may
be issued by the Department.
SECTION 2. Who may participate; Required Capitalization.
Any Filipino citizen acting as a sole proprietor or a
partnership, a one-person corporation, or a corporation,
at least seventy-five percent (75%) of the authorized and
voting capital stock 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 in cash of Five Miliion
Pesos in the case of a corporation.
The sole proprietor, partnership, one-person corporation,
or corporation should substantially maintain an equity at
Five Million Pesos (PhP 5,000,000.00) during the duration of
its license.

SECTION 3. Who are Disqualified. The following persons and

entities are disqualified to participate or engage in the
recruitment and placement of workers for overseas
employment:

a. Travel agencies and sales agencies of

airline companies;

9
b. Shareholders, officers or members of the Board
of Directors of any corporation or partners in
a partnership engaged in the business of a
travel agency;
c. Individuals, partners, officers or directors of
an insurance company who make, propose or
provide an insurance contract under the
compulsory insurance coverage for agency-hired
OFWs;
d. Sole proprietors, partners, officers and/or
members of the Board of Directors, including
individuals with derogatory records, such as,
but not limited to the following:

1. Those convicted or against whom a probable

cause is determined by a competent authority
for the following:
a. Illegal recruitment;
b. Trafficking in Persons; or
c. Such other crimes or offenses committed in
the course of, related to, or resulting
from, illegal recruitment, or for crimes
involving moral turpitude; or

2. Those agencies whose licenses have been

revoked for violation of RA 11641 (Department
of Migrant Workers Act), RA 8042 (Migrant
Workers and Overseas Filipinos Act of 1995),
as amended, PD 442 (Labor Code of the
Philippines), as amended, and RA 9208
(Trafficking in Persons Act of 2003), as
amended, and their implementing rules and
regulations;

3. Those agencies whose licenses have been

cancelled for violation of recruitment laws
and regulations.

e. Any individual included in the list of persons

with derogatory record for violation of
recruitment laws and regulations; and
f. Any official or employee of the DMW, OWWA, DEA,
DOJ, DOH, 81, IC, NLRC, TESDA, CFO, NBI, PNP,
Civil Aviation Authority of the Philippines
(CAAP), international airport authorities, and
other government agencies directly involved in
the implementation of RA 11641 (Department of
Migrant Workers Act), RA 8042 (Migrant Workers

10
 and Overseas Filipinos Act of 1995), as
amended, PD 442 (Labor Code of the
Philippines), as amended, and RA 9208
(Trafficking in Persons Act of 2003), and/or
any of his/her relatives within the fourth
civil degree of consanguinity or affinity.

A foreign recruitment agency, principal, or employer is

likewise disqualified to own and/or participate in the
management and/or operations of a licensed Philippine
recruitment agency

SECTION 4. Submission of Application. Applications for the

Issuance of a License to engage in the recruitment and
deployment of OFWs shall be submitted to the Department's
Licensing and Regulation Bureau (LRB).

RULE Il
Issuance of License
A. APPLICATION
SECTION 5. Pre-Qualification Requirements. Applicants for
issuance of a license shall submit the
documents/requirements for pre-qualification, as may be
prescribed by the Department.

SECTION 6. Payment of Filing Fee. Upon receipt of the

complete and compliant documentary requirements for the
application of a new license, the Department shall require
payment of a non-refundable filing fee of Fifty Thousand
Pesos (PhP50,000.OO) and submission of proof of payment
thereof.

SECTION 7. Panel Composition and Panel Interview. The

Proponents, including major shareholders, shall undergo a
panel jnterview to ascertain their qualifications and
fulfillment of the requirements under these Rules. If the
Panel finds that the applicant is qualified, it shall be
notified and required to submit post-qualification
requirements.

The Members of the Panel shall be constituted to include

representatives from different offices and bureaus of the
Department.

SECTION 8. Post — Qualification Requirements. Upon receipt

of the notification, the applicant shall submit, prior to
the issuance of the provisional license, the
postqualification requirements as may be prescribed by the
Department.

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SECTION 9. Assessment Prior to Issuance of License. The
Department shall assess the applicant's compliance with
the post-qualification requirements, as may be prescribed
by the LRB.

B. PROVISIONAL LICENSE
SECTION 10. Decision on the Application. The Department
shall notify the applicant in writing of the decision on
the application.

SECTION 11. Approval of the application for Provisional

License. The Department shall approve the application for
a provisional license after the applicant has satisfied
all the requirements.

The Department shall issue a provisional license which

shall be valid within a nonextendible period of three (3)
years from the date of issuance.

SECTION 12. Grounds for Denial of Application. An application for the issuance of
license shall be denied, if the applicant fails to
satisfy any of the requirements or provides or furnishes
the Department with any false information or documents.

SECTION 13. Payment of License Fee. After compliance

with all the requirements and the application for
Provisional License has been approved by the
Department, a license fee in the amount of Two
Hundred Thousand Pesos (PhP200,000.00) shall be paid
before the license is released.
SECTION 14. Prohibition. The agency granted with a
provisional license shall not deploy domestic workers
during the validity of the provisional license.

C. REGULAR LICENSE
SECTION 15. Application for Upgrading to Regular License.
Within three (3) months before the expiration of the
provisional license, or at any time during its validity
upon deployment of one hundred (100) workers, except
domestic workers, to its new principal/s, the agency may
apply for upgrading to a regular license upon submission
of documents/requirements as may be prescribed by the
Department.

SECTION 16. Payment of License Fee. After compliance

with all the requirements and the application for a
regular license has been approved by the Department,
a license fee in the amount of Two Hundred Thousand

12
Pesos (Php200,000.00) shall be paid before the
license is released.
SECTION 17. Validity of a Regular License. The regular
license shall be valid for six (6) years from the date of
issuance of the provisional license unless sooner
revoked, terminated, suspended, or cancelled by the
Secretary or his/her duly authorized representative.

D. RENEWAL OF LICENSE
SECTION 18. Renewal of License. A licensed recruitment
agency should submit an application for the renewal of
its license within three (3) months prior to the
expiration of its license. The application shall be
supported by the documents as may be prescribed by the
Department.

SECTION 19. Payment for Renewal of License Fee. After

compliance with all the requirements and the application
for renewal of license has been approved by the
Department, a license fee in the amount of Two Hundred
Thousand Pesos (Php200,000.00) shall be paid before the
license is released.

E. ESCROW DEPOSIT
SECTION 20. Maintenance of Escrow Deposit. A licensed
recruitment agency shall maintain at all times its escrow
deposit in the minimum amount of One Million and Five
Hundred Thousand Pesos In case an
additional escrow is required from the licensed agency
due to its pending recruitment violation case/s, it shall
maintain the escrow deposit of One Million and Five
Hundred Thousand Pesos (PhP1 plus the additional
escrow.

Those with existing licenses shall, within two (2)

years from effectivity hereof, increase their escrow
deposit to One Million and Five Hundred Thousand
Pesos (PhP1
The escrow deposit shall answer for all valid and legal
claims arising from contracts of employment and violations
of the conditions for the grant and use of the license,
including fines imposed by the Department. The escrow
shall likewise guarantee compliance with prescribed
recruitment procedures, rules and regulations, appropriate
terms and conditions of employment, and relevant issuances
of the DMW.

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 The escrow deposit is separate from the capitalization
requirement.
In case the escrow deposit has been garnished, the
licensed recruitment agency shall replenish the escrow
deposit within thirty days (30) from receipt of the
Notice to Replenish Escrow Deposit. Failure to comply
with such Notice will result in the suspension of the
license of the recruitment agency until such time the
agency has complied with the Notice to Replenish.

SECTION 21. Additional Escrow Deposit. If during the

application for the renewal of license, the licensed
recruitment agency has pending recruitment violation
case/s, an additional escrow deposit of Seventy-Five Thousand Pesos
(Php75,000.00) per case shall be required.
If in the succeeding renewal, the licensed recruitment
agency had decreased its pending cases, the Department
shall allow the withdrawal of the corresponding
additional escrow deposit.

SECTION 22. Release of Deposit in Escrow. The deposit in

escrow of a licensed recruitment agency that voluntarily
surrenders its license or has not renewed its license
shall be released upon submission of
documents/requirements as may be prescribed by the
Department.

SECTION 23. Monitoring Compliance with Conditions for the

Issuance of the License. The Department shall monitor the
compliance of licensed recruitment agencies with the
conditions for the issuance of a license, recruitment
laws, and rules and regulations on the use of a license.
F. COMMON PROVISIONS
SECTION 24. Derogatory Record after Issuance/RenewaI of
License. The license of a single proprietorship,
partnership or one-person corporation, shall be suspended,
until cleared by the Department, should any derogatory
record as provided in these Rules be found to exist
against the single proprietor, any or all of the partners,
or the one-person corporation, as the case may be.
The acknowledgment or appointment of any officer or
employee of any licensed recruitment agency may be
cancelled or revoked by the Department at any time, with
due notice to the licensed recruitment agency concerned, whenever said officer or
employee is found to have any derogatory record.
SECTION 25. Non-Transferability of License. No
license shall be used, directly or indirectly, by any

14
person other than the one in whose favor it was
issued, nor at any place other than that stated in
the license, nor may such license be transferred,
conveyed, or assigned to any other person or entity.
SECTION 26. Revocation of License of Sole Proprietorship.
The license of the sole proprietorship shall automatically
be revoked upon the death of the sole proprietor. The
next-in-rank officer of the agency shall, within ten (10)
days, report such death to the Department. Failure to
report shall automatically include such nextin-rank
officer in the list of persons with derogatory record.

SECTION 27. Revocation of License of a Partnership Due to

Death or Withdrawal of Partner. Unless otherwise provided
in the Articles of Partnership, the license of a
partnership shall be automatically revoked upon the death
or withdrawal of a partner which materially interrupts the
course of business or results in the dissolution of the
partnership. The surviving partner/s shall, within ten
(10) days, report such death or withdrawal to the
Department. Failure to report shall automatically include
the surviving partner/s in the list of persons with a
derogatory record.
SECTION 28. Change in the Management and Operation of One
Person Corporation (OPC) due to the Death or Temporary or
Permanent Incapacity of the Incorporator/Sole Stockholder.
The nominee or the alternative nominee of the OPC shall
manage and operate the licensed recruitment agency in case
of the death or incapacity of the incorporator/sole
stockholder of the OPC; Provided that the nominee must
have all the qualifications and none of the
disqualifications to engage in the business of
recruitment. Within thirty (30) days after the death or
incapacity of the incorporator/sole stockholder, the
documentary requirements prescribed by the Department
should be submitted.

Failure to report the death or incapacity of the incorporator within the 30-day period
given shall cause the revocation of the OPC's license and
the inclusion of the nominee in the derogatory record.

Once a temporary incapacity ends, the incorporator/sole

stockholder can resume the management and operation of the
OPC upon duly informing the Securities and Exchange
Commission and acknowledgment of the LRB.
In case of death or permanent incapacity, the nominee
shall manage and operate the OPC until the legal heirs of
the incorporator/single stockholder have been lawfully

15
determined and have agreed among themselves who shall
replace the incorporator/single stockholder.

SECTION 29. Upgrading, Merger, or Consolidation of

Licensed Recruitment Agencies. The upgrading, merger, or
consolidation of licensed recruitment agencies shall be
undertaken in accordance with the regulations of the
Securities and Exchange Commission, without prejudice to
the determination by the Department of the qualifications
of the new partners or directors. The upgraded licensed
recruitment agencies, the surviving corporation, or the new corporation, as the
case may be, shall inform the Department of such changes within
thirty (30) days from confirmation by the Securities and
Exchange Commission of such upgrading, merger or
consolidation.

SECTION 30. Change of Business Type from Sole

Proprietorship/Partnership to Partnership/Corporation. The
Department shall be notified of the change in the business
type from sole proprietorship to partnership or
corporation, or from partnership to corporation within
thirty (30) days from such change. The licensed
recruitment agency must submit the documentary
requirements prescribed by the LRB, after which the
Proponent/s shall be subjected to a confirmatory
interview.
SECTION 31. Transfer of Shares of Stocks. A licensed
recruitment agency operating as a corporation shall notify
the Department of any transfer of shares of stocks of the
corporation within thirty (30) calendar days from approval
of such transfer by SEC and submit the documentary
requirements prescribed by the LRB.
SECTION 32. Acknowledgment of Corporate Investor. The
licensed recruitment agency shall, within thirty (30)
calendar days from the transfer of shares to a corporate
investor, submit the required documents to the LRB for
acknowledgement of the corporate investor and updating of
its shareholdings.

SECTION 33. Change in the Composition of Partners/Board of Directors. The

licensed recruitment agency shall notify the Department of
every change in the composition of the partnership or
board of directors within thirty (30) calendar days from
the date of such change, and submit the prescribed
supporting documents to the LRB.
In case of change in the controlling shares or composition
of the board of directors/ partnership, or any transfer of
control in the operations of a licensed recruitment

16
agency, the new set of board of directors or partner/s, or
the new majority shareholder/s, as the case may be, shall
be subject to a confirmatory interview to ascertain their
qualifications as provided in these Rules.
SECTION 34. Appointment, Dismissal, or Resignation of
Officers and Personnel. The licensed recruitment agency
shall notify the LRB of the appointment, dismissal, or
resignation of any officer, nominee, or personnel of the
agency within thirty (30) calendar days from such
appointment, dismissal, or resignation. In case of
appointment, the LRB shall require the submission of
supporting documents, as may be prescribed by the
Department.
SECTION 35. Transfer of Business Address. A licensed
recruitment agency may transfer its business address upon
submission of the required documents and inspection. The
Department shall acknowledge such transfer after an
assessment of compliance with space, office layout, and
equipment requirements has been completed.

SECTION 36. Additional Office Space. A licensed

recruitment agency shall report to the Department the
acquisition of additional office space. The additional
office space shall be adjacent to the registered main
office or within the same building. Office spaces located
at a different building shall be considered adjacent to
the registered business address, if it is situated not
more than one hundred (100) meters from the registered
business address.

The notification for the acquisition of an additional

office space shall be accompanied with supporting
documents as may be provided in another issuance.
G. BRANCH OFFICE
SECTION 37. Establishment of a Branch. A licensed
recruitment agency may file an application for an
authority to establish a branch in a place other than the
city or municipality where its registered main office or
other branch is located. The application shall be
supported by documentary requirements as may be
prescribed by the LRB.
SECTION 38. Validity of Authority to Operate a Branch
Office. The validity of the Authority to operate a Branch
Office shall be coterminous with the validity of the
license unless sooner revoked or cancelled by the
Department, or surrendered by the agency.

17
 RULE Ill
Overseas Employment and Labor Laws Compliance
System
A. ASSESSMENT OF AGENCIES
PRIOR TO THE ISSUANCE OF A LICENSE
(POST-QUALIFICATION ASSESSMENT)
SECTION 39. Scope of Assessment. The Post-Qualification
Assessment shall cover compliance with the required
minimum office space, facilities, and equipment under the
prescribed guidelines. The Assessment shall be conducted
after the applicant has complied with the pre-
qualification requirements and upon determination that
the applicant is qualified after the panel interview.
SECTION 40. Issuance of Authority to Assess. The LRB
Director or his/her authorized representative shall issue the Authority to
Assess, indicating therein the names of the inspectors, the
applicant and its registered address, the purpose of the
assessment, and the validity period of the authority.

SECTION 41. Conduct and Report of Assessment. The

Inspectors shall proceed to the establishment and present
the Authority to the applicant agency. A responsible
representative of the applicant shall receive and sign a
copy of the Authority. The Assessment shall be conducted
in the presence of such representative.
B. REGULAR ASSESSMENT
SECTION 42. Scope of Regular Assessment. The Assessment
shall be undertaken as a requirement for the upgrading of
provisional license to a regular license, renewal of
license and branch authority, transfer of office,
additional and giving-up of office space, and once every
two (2) years after issuance or renewal of license.

The assessment report shall be submitted to the LRB

Director of the Department within twenty-four (24) hours
from the date of inspection.

SECTION 43. Issuance of Authority to Assess. The LRB

Director or his/her duly authorized representative shall
issue the authority to assess to its Inspectors,
indicating their names, the licensed recruitment agency to
be assessed, the purpose of the assessment, and the
validity period of the authority.

The LRB Director or his/her duly authorized representative

may also request the DMW Regional Director for the conduct

18
of assessment of licensed recruitment agencies, including
their branches.

SECTION 44. Conduct and Report of Assessment. The

Inspectors shall proceed to the establishment and present
the Authority to the agency. A responsible representative
of the applicant shall receive and sign a copy of the
Authority. The Assessment shall be conducted in the
presence of such representative.

SECTION 45. Issuance of Notice of Results. The Inspectors

shall issue the Notice of Results indicating compliance or
deficiencies, if any, with DMW rules, labor laws, and
social legislation. The licensed recruitment agency
representative shall acknowledge such results.

SECTION 46. Compliance with Deficiencies. In case of non-

compliance, the licensed recruitment agency shall comply
with the deficiencies or findings in accordance with the
Inspection Manual to be issued by the Department.

C. SALVO/SPOT INSPECTION
SECTION 47. Scope of Salvo/Spot Inspection. The Department
shall undertake inspection in response to a complaint or
report of illegal recruitment activities and recruitment
violations. Such inspection shall be conducted in
accordance with the DMW Labor Laws Compliance Manual.

RULE IV
Licensing of Companies Registered with
Philippine Overseas Construction Board (POCB)
SECTION 48. Licensing of POCB-Registered Companies. POCB-
registered companies with overseas projects may apply in
writing for a special license to deploy their workers to
their overseas projects, subject to submission of the
following requirements:
a.Articles of Incorporation;
b.A certified true copy of the POCB certificate of
registration;
c.POCB certification of an existing overseas project;
d.Affidavit of Undertaking that the company will submit
the renewed POCB registration upon its expiration;
and
e.Proof of payment of the non-refundable filing fee of
Fifty Thousand Pesos (PhP50,OOO.OO).
SECTION 49. Payment of Fees. Upon approval of the
application, the applicant shall:

19
 a. Pay a license fee of One Hundred Thousand Pesos (PhP100,000.OO); and
b. Submit an Escrow Deposit Agreement of Seven
Hundred Fifty Thousand Pesos (PhP750,000.00)
with an accredited bank authorized to handle
trust accounts by the Bangko Sentral ng
Pilipinas.
SECTION 50. Issuance of Special License. The Department
shall issue a special license to the POCB-registered
companies provided all the requirements are met by the
applicant. Only applications with complete supporting
documents shall be deemed filed.

SECTION 51. Validity Period of Special License. The

special license shall be valid for five (5) years from
date of issuance subject to the validity of the POCB-
registration, or unless sooner revoked, terminated,
suspended, or cancelled by the Secretary or his/her duly
authorized representative.

SECTION 52. Requisites for Renewal. Within three (3)

months prior to the expiration of the license, the POCB-
registered company shall submit a written application
together with the following requirements:

a. Certified copy of valid POCB Certificate of

Registration;
b. Bank Certificate jndjcatjng that the escrow of Seven
Hundred Fifty Thousand Pesos (PhP750,OOO.OO) is still
intact;
c. POCB certification of an existing overseas project;
and
d. Proof of payment of license fee of One Hundred
Thousand Pesos (PhPIOO,OOO.OO).

SECTION 53. Prohibition on Collection of Fees from OFW.

POCB-registered companies shall not collect any fee from
the workers deployed to their projects overseas,

SECTION 54. POCB-registered Companies without Overseas

Projects. POCBregistered companies without POCB-certified
overseas projects that intend to deploy workers overseas
may apply for a regular license pursuant to Rule Il, Part
Il of these Rules.

20
 RULE V
Fees, Costs and Contributions
SECTION 55. Fees and Costs Chargeable to the OFW. The
Overseas Filipino Worker shall only pay the following
fees and costs:

a. Documentation costs:

1. Passport;
2. NBl/Police/Barangay Clearance;
3. PSA authenticated birth certificate;
4. Transcript of Records and diploma issued by the
school, certified by the CHED and
authenticated/apostilled by the DFA;
5. Professional license issued by the PRC, authenticated by the DFA;
6. Certificate of Competency issued by TESDA or
other competent certifying body for the job
applied for; and
7. DOH prescribed medical/health examinations,
based on the host country's medical protocol.

b. Membership with Philhealth, Pag-lBlG and the Social

Security System, pursuant to existing laws.

SECTION 56. Placement Fee. A placement fee may be charged

against the Overseas Filipino Worker equivalent to one
(1) month basic salary specified in the DMW-approved
contract, except for the following:

a.Domestic workers; and

b.Workers to be deployed to countries where the
prevailing system, either by law, policy or
practice do not allow, directly or indirectly, the
charging and collection of recruitment/placement
fee.

The worker shall pay the placement fee to the licensed

recruitment agency only after signing the DMW-approved
contract. The agency must issue a BIR-registered receipt
stating the date and purpose of payment, and the exact
amount paid.

SECTION 57. Payment of Insurance Premium. The

licensed recruitment agency shall be responsible for
the payment of the premium for the compulsory
insurance coverage under Section 37-A of RA 8042, as
amended.

21
SECTION 58. Costs and Fees Chargeable Against the
Principal/Employer. The costs of recruitment and
placement shall be the responsibility of
principal/employer, which cover payment for the
following:

a. Visa, including the stamping fee;

b. Work permit and residence permit;
c. Round trip airfare;
d. Transportation from the airport to the jobsite;
e. DMW processing fee;
f. OVWVA membership fee; and
g. Additional trade test/assessment, if required by
the principal/employer.
SECTION 59. Prohibition Against Charging of Other
Fees. No other fees in whatever amount, form, manner
or purpose shall be charged against the Overseas
Filipino Worker, except those specified in this Rule.

SECTION 60. Service Fees. Licensed recruitment agencies

shall charge principals/employers service fees as may be
allowed by law, and prevailing rules and regulations.

RULE VI
Skills Test and Medical Examination for Overseas
Employment
SECTION 61. Skills Testing for Applicant. The licensed
recruitment agency shall only require and applicant for
overseas employment to 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.

SECTION 62. Medical/HeaIth Examination. The licensed

recruitment agency shall require an applicant to undergo a
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.

22
The 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.

RULE Vil
Recruitment Outside Registered Office
SECTION 63. Special Recruitment Authority. A licensed
recruitment agency may conduct recruitment activities
outside its registered address by securing a Special
Recruitment Authority prior to the conduct of the
recruitment.

SECTION 64. Requirements for the Issuance of Special

Recruitment Authority. A Special Recruitment Authority
(SRA) may be issued upon submission of the requirements as
may be provided under the prescribed guidelines of the
LRB.
SECTION 65. Filing of Application. An application for
issuance of SRA shall be filed at least three (3) days
prior to the date of the activity with any of the
foliowing DMW offices:

a.DMW Central Office;

b.DMW Regional Center or Regional Extension Unit
(REU) under whose area of jurisdiction the agency
is located; or
c.DMW Regional Center or REU under whose area of
jurisdiction the special recruitment activity will be
conducted.
SECTION 66. Validity of Special Recruitment Authority.
The SRA shall be valid for the date and venue as
indicated, unless extendedv modified, or revoked by
the DMW for violation of the conditions for its
issuance.
SECTION 67. Letter of Authority (LOA). The licensed
recruitment agency shall notify the Department of the
participation of an accredited principal/employer or its
registered/authorized representative in a recruitment
activity within its registered office, within three (3)
days prior to the activity. If the accredited
principal/employer or its registered authorized
representative shall participate in a recruitment activity
outside its registered office, the application for LOA

23
shall be filed at least three (3) days prior to the date
of the activity.

SECTION 68. Venue and Supervision of Recruitment

Activities Outside the Registered Office. Recruitment
activities outside the registered office of the licensed
recruitment agency shall be conducted only at venues
indicated in the Authority, and shall be supervised by
the Department in coordination with the DOLE or Public
Employment Service Office (PESO).
SECTION 69. Terminal Reports. A Terminal Report shall be
submitted to the DMW office which issued the SRA
immediately after the activity, and a Progress Deployment
Report within ninety (90) days after the activity. No
subsequent SRA shall be issued until the licensed
recruitment agency has submitted the required reports.

SECTION 70. Participation in Jobs Fair; Conduct of Jobs

Fair. A licensed recruitment agency may participate and
conduct recruitment activities based on DMWapproved job
orders, provided that a Jobs Fair Authority (JFA) is
secured from the DMW. The requirements and procedures for
issuance of a JFA shall be prescribed by the Department.

The DMW may organize an Jobs Fair in coordination with

the Local Government Unit (LGU) and/or with the PESO.

SECTION 71. Participation in a DOLE/PESO-Organized

Jobs Fair. The DMW may participate in a DOLE/PESO
organized jobs fair upon written
invitation/notification.
SECTION 72. Cancellation of SRA/LONJFA. The DMW reserves
the right to cancel the SRA/LOA/JFA for violation of the
conditions set therein.

RULE Vill
Advertisement for Overseas Job Vacancies
SECTION 73. Advertisement for Overseas Employment.
Advertisements for overseas employment shall include the
publication of job vacancies in any form of
communication, such as press releases, printed materials,
or advertisements in radio, television, cinemas,
internet, social media and other electronic forms,
billboards, moving and human advertisements, and ad
boards.

24
SECTION 74. Advertisement of Job Vacancies with
Approved Job Orders. Licensed recruitment agencies may
advertise job vacancies covered by approved job
orders of accredited principals/employers without prior
approval from the Department and within the validity of
its accreditation. The advertisement shall indicate
information as may be required by the Department through
a separate guideline.
SECTION 75. Advertisement for Manpower Pooling. Licensed
recruitment agencies may advertise for manpower pooling,
subject to prior approval of the Department and
compliance with the following conditions:

a. The advertisement shall indicate the phrases

"for manpower pooling only", "no fees in any
form and/or purpose will be collected from the
applicants", and "beware of illegal recruiters
and human traffickers", using large font in the
advertisement; and

b. The advertisement shall specify the name,

address, and DMW license number of the agency,
name and worksite of the prospective or
accredited principal/employer, and the skill
categories and qualification standards.

SECTION 76. Advertisement for Overseas Job Vacancies by

Principals/EmpIoyers. Accredited principals/employers may
advertise overseas job vacancies only through DMW-
licensed recruitment agencies or through the Department.

SECTION 77. Monitoring of Advertisements. The

Department shall monitor all advertisements, and non-
compliant advertisements are considered as recruitment
violations which shall be penalized in accordance with
the schedule of offenses and penalties.

RULE IX
Departure and Arrival of OFW
SECTION 78. Departure of Workers. All departing OFWs shall
present their OECs/OFW Clearance to the Immigration
Officer. For this purpose, the Department, in
coordination with the Bureau of Immigration, shall
establish a one-stop validation procedure in all exit
points for all departing OFWs.

In the absence of the one-stop validation procedure, OFWs

shall present their OECs/OFW Clearance to the DMW-MWAAC.

25
 SECTION 79. Issuance of OEC/OFW Clearance at MWAAC.
The Department may issue OEC/OFW Clearance at the
MWAAC only to the following:

a. Workers on special/emergency leave; and

b. Cabin crew/flight attendants.
SECTION 80. Lost OEC/OFW Clearance. In case of lost
OEC/OFW Clearance, OFWs may request in writing a
certification from the MWAAC or the Department stating
that the worker has been issued with an OEC/OFW Clearance
and specifying the details of the lost OEC/OFW Clearance.
SECTION 81. Clearance for Special Cases. The
Department shall issue a special clearance for travel
abroad in accordance with guidelines which may be
issued by the Department.

SECTION 82. Arrival of OFWs. The Department, through the

MWAAC, shall support OWWA and other government agencies in
providing assistance to arriving OFWs, particularly those
who are in distress.

RULE X
Illegal Recruitment
SECTION 83. Who are Liable for Illegal Recruitment. The
persons criminally liable for acts constituting illegal
recruitment and other unlawful/prohibited acts under the
Labor Code of the Philippines, as renumbered, R.A. 8042,
as amended by R.A. 10022, and other relevant laws are the
principals, accomplices and accessories. In case of
juridical persons, the officers having ownership, control,
management or direction of their business who are
responsible for the commission of the offense and the
responsible employees/agents thereof shall be liable.

SECTION 84. Independent Administrative Action. The

institution of criminal action is without prejudice to any
administrative action against the licensee or holder of
authority cognizable by the Department, which could
proceed independently of the criminal action.

RULE
Anti-illegal Recruitment and Anti-Trafficking
in Persons Programs
SECTION 85. Anti-illegal Recruitment and Anti-Trafficking
in Persons Programs. The Department, through the Migrant
Workers Protection Bureau (MWPB), its Regional Offices,

26
and Migrant Workers Offices overseas, shall adopt
policies and procedures, and prepare and implement
programs towards the prevention and eradication of
illegal recruitment and trafficking in persons committed
by means of, or in the guise of recruitment for overseas
employment such as, but not limited to, the following:

a. Legal assistance and counseling to victims

on criminal and/or administrative actions;
b. Investigation and conduct of operations such
as surveillance of persons and entities, closure
of establishments, and assistance to victims
during entrapment operations/arrest;
c. Prosecution of cases, including legal
assistance to victims during preliminary
investigation and during trial, in collaboration
with prosecutors from the Department of Justice
(DOJ); and
d. Information and education campaign on
overseas employment and on the anti-illegal
recruitment and anti-trafficking in persons
program.

The Department may initiate proceedings, both criminal and

administrative in nature, based on confirmed reports of
illegal recruitment activities and human trafficking.
Whenever necessary, the Department shall coordinate with
other relevant agencies and entities in the implementation
of said programs.

SECTION 86. Issuance of Migrant Workers Protection

Bureau Clearance. The
MWPB shall issue a clearance to certify that a person
is not included in the List of Persons with
Derogatory Record or in the blacklist of persons
involved in illegal recruitment and trafficking in
persons cases.
SECTION 87. Coordination with Regional Offices. The powers
and functions of the MWPB shall be without prejudice to
the provision of legal assistance to victims, the conduct
of investigation and special operation, and the filing of
cases for illegal recruitment, trafficking in persons, and
related cases by the Regional Offices within their
respective territorial jurisdictions, international ports
and seaports, included. These, however, shall be
coordinated with and reported to the MWPB for purposes of
documentation, monitoring, and inter-agency coordination.

27
SECTION 88. Coordination with Migrant Workers Offices. The
powers and functions of the MWPB shall be without
prejudice to the provision of legal assistance to victims,
the conduct of investigation, and the filing of relevant
cases by the MWOs within their respective jurisdictions,
subject to domestic and other applicable laws and
regulations of the host country. These, however, shall be
coordinated with and reported to the MWPB for purposes of
documentation, monitoring, and inter-agency coordination.

Further, the MWOs may coordinate with the MWPB in the

investigation and preparation of pleadings and complaint-
affidavits for Overseas Filipino victims of illegal
recruitment, trafficking in persons, and related cases
within their respective jurisdictions.

RULE
Complaints and Reports filed with the
Department
SECTION 89. Receiving Complaints. Victims of illegal
recruitment and related cases which are administrative or
criminal in nature may file with the Department a report
or complaint in writing and under oath.

SECTION 90. Legal Assistance. The Department shall provide

free legal service to victims of illegal recruitment and
related cases which are administrative or criminal in
nature in the form of legal advice, assistance in the
preparation of complaints and supporting documents, and
institution of criminal actions.

SECTION 91. Complaints/Reports not cognizable by the

Department. When, upon evaluation based on the preliminary
examination of the complainants and available records, the
MWPB or the operating unit assigned to the
complaint/report determines that the complaint/report does
not involve overseas employment matters, or similar cases
which do not fall under the jurisdiction of the
Department, the MWPB or operating unit shall refer the
matter to the proper office or government agency and
instrumentality for other appropriate action.

RULE Xlll
Proceedings Before the Department
SECTION 92. Conduct of Surveillance. The Department,
through the MWPB and the Regional Offices may conduct
investigation and surveillance on alleged illegal

28
recruitment activities, trafficking in persons cases, or
recruitment violations.

For this purpose, the Department may seek the assistance

of law enforcement authorities in the conduct of
surveillance.

Upon the termination of surveillance operations, a report

supported by affidavits and other evidence shall be
submitted to the MWPB Director or the Regional Director,
as the case may be.

SECTION 93. Issuance of Closure Order. Upon the

determination of the MWPB Director or the Regional
Director that the activities of a non-licensee constitute
a danger to national security and public order or may
lead to further exploitation of job seekers, the
Undersecretary for Licensing and Adjudication shall issue
a Closure Order.

SECTION 94. Implementation of Closure Order. The Closure

Order shall be served upon the offender or the person in
charge of the subject establishment. The closure shaJJ be
effected by seaJjng and padlocking the establishment, and
posting notices in bold letters of such closure in
conspicuous places in the premises of the establishment.
The assistance and support of local government units and
law enforcement agencies may be requested for this
purpose.

The MWPB Director or the Regional Director concerned

shall also recommend the immediate
cancellation/revocation of the business name and/or
permit of the closed establishment.

SECTION 95. Effect of Closure Order. All officers of the

entity responsible for the illegal recruitment activity
shall be ordered included in the blacklist of persons
involved in illegal recruitment and trafficking of OFWs
and the List of Persons with Derogatory Record, and shall
be disqualified from participating in the overseas
employment program of the government.

SECTION 96. Institution of Criminal Action. The

Secretary, the MWPB Director, the Regional Director, or
any aggrieved person may initiate the corresponding
criminai action with the Department of Justice.

SECTION 97. Re-Opening of Establishment. A Motion to Re-

open an Establishment subject of a Closure Order may only

29
 be filed by the concerned person/entity on the grounds
provided under prevailing laws, rules, and regulations.

SECTION 98. Lifting of a Closure Order. A verified Motion

to Lift a Closure Order may be filed with the MWPB
Director or the Regional Director within ten (10)
calendar days from the date of implementation thereof,
who shall then determine and make a recommendation
whether such person/entity is, directly or indirectly,
not involved in illegal recruitment activities. The
Undersecretary for Licensing and Adjudication, in turn,
shall decide whether to grant or deny such Motion.
The lifting of a Closure Order is without prejudice to the
filing of a criminal action.
SECTION 99. Appeal. The Order of the Undersecretary for
Licensing and Adjudication denying the Motion to Lift a
Closure Order or Motion to Re-open Establishment, may be
appealed to the Secretary within fifteen (15) days from
receipt thereof

Any Motion for Reconsideration shall be treated as an

appeal.
SECTION 100. Monitoring of Closure Orders. The MWPB
and/or the Regional Offices shall monitor
establishments that are subject of Closure Orders.
Establishments violating a Closure Order shall be
penalized for contempt as provided under the
Implementing Rules and Regulations of R.A. No. 11641.

RULE XV
Accommodation Facilities
SECTION 101. Accommodation Facilities. All accommodation
facilities provided by either the Philippine recruitment
agency or the foreign principal/employer shall provide
OFWs with adequate provisions such as food, drinking
water, beds, blankets, toilet facilities, and other
amenities to ensure decent and humane living conditions,
free of charge.

In no case shall the travel and employment documents of

the OFWs be withheld from them, nor shall the applicant
be prevented from freely leaving the accommodation
house/housing facility or from communicating or
contacting their family and loved ones.

30
The respective MWOs shall ensure the compliance of the
foreign principal/employer with the foregoing standards as
part of the requirements in the renewal of accreditation.

SECTION 102. Quarterly Reports. Recruitment agencies are

required to submit quarterly reports, attested by the
caretaker/house manager, to the Department on the
occupancy of their accommodation facility, attaching
thereto the copies of the logbook, photos of the
facilities, and other requirements prescribed by the
Department.

Failure to submit the report shall be a ground for

imposition of administrative sanction pursuant to these
Rules.

PART JJJ
PLACEMENT BY THE PRIVATE SECTOR
RULE I
Accreditation and Registration of
Principals/EmpIoyers
SECTION 103. Accreditation of Principals/Employers.
The authority of the
Department to accredit principals/employers is hereby
delegated to the MWO. In the exercise of the latter's
primary and concurrent jurisdictions, the following rules
shall govern:

a. All documents for accreditation shall be

verified by the MWO, which shall also issue the
corresponding Accreditation Certificate in
accordance with the guidelines under Section 104
hereof.
b. In the absence of the MWO, the documents
shall be duly authenticated, or in the case of
Apostilled documents, acknowledged, by the
Philippine Embassy or Consulate which has
jurisdiction over the jobsite, in which case, the
same shall be forwarded to the Department for the
issuance of an Accreditation Certificate.

In cases where there is no Philippine Embassy or Consulate

at the jobsite, the principal/employer shall submit the
documents to the Department for attestation and issuance
of an Accreditation Certificate. The Department shall
charge attestation fees as may be allowed by the Secretary

31
and upon prior approval of the Department of Finance and
other concerned agencies.

SECTION 104. Requirements for Accreditation of the

Principal/Employer. The requirements for MWO Verification
and Accreditation of Principals/Employers shall be
prescribed by the Department, which include, among
others, the Recruitment Agreement or Special Power of
Attorney, Job Order, and Master Employment Contract.

The accreditation of principals with international

operations and FPAs with contractors outside the country
where it is established shall be governed by the
guidelines to be issued by the Department.

The Department/MWO shall issue, upon full compliance with

the requirements, a Certificate of Accreditation duly
signed by an authorized officer.

SECTION 105. Registration of Principal/Employer. The DMW

shall register a principal/employer duly accredited by
the MWO upon submission of the Certificate of
Accreditation, including the supporting documents.

SECTION 106. Registration of POCB-registered Projects.

The Department shall register POCB-registered projects
upon submission of the following requirements:

a. Project authorization from POCB including

manpower requirement of the project, compensation,
and mobilization schedule; and
b. Master employment contract.

SECTION 107. Validity of Accreditation. The

accreditation shall be valid for no more than five (5)
years.
SECTION 108. Suspension of Accreditation by the MWO.
The MWO may suspend accreditation for a period not
exceeding sixty (60) days, based on any of the
following grounds:

a.Refusal or unreasonable failure to act on any

request for assistance or
repatriation of distressed OFWs;
b.Deliberate violation/non-compliance of the
principal/employer with its contractual and/or legal
obligations to its hired OFW/s;

32
 c.When found to have hired and employed an OFW who is
either a minor or below the prescribed minimum age
requirement;
d.Continued processing and deployment of the OFWs for
the principal/employer will lead to the further
exploitation of any or all of its applicants and OFWs
or pose imminent danger to the lives and safety of
its OFW/s; or
e.Other circumstances analogous to the foregoing.
SECTION 109. Procedures for Suspension of Accreditation.
Upon receipt of an advice, complaint, or report of an
alleged violation, the MWO may issue an Order of
Suspension of the accreditation based on initial
evaluation if there exists substantial ground/s for
suspension. The Order shall have the effect of suspending
the documentary processing of the principal/employer at
the MWO and the Department. The MWO shall notify the
Department of the suspension of the accreditation imposed
against the principal/employer.

The MWO shall require the principal/employer to submit

their Comment within a period of five (5) days from
receipt of the Order of Suspension. After evaluation and
investigation, the suspension of accreditation may be
lifted upon satisfactory settlement of OFWs' claim/s or
compliance with the conditions for lifting the
suspension. Otherwise, the MWO may make a recommendation
to the Department to disqualify the principal/employer
from participating in the overseas employment program,
which should be supported by sworn statements or any
other appropriate documentary evidence.
SECTION 110. Termination of Accreditation and
Registration. The accreditation of a principal/employer
shall be deemed terminated on any of the following
grounds:
a. Expiration of the principal's/employer's business
license or cessation of business or recruitment
activity, after a period of one (1) year from
expiration or cessation;
b. Upon written mutual agreement by the
principal/employer and the licensed recruitment
agency to terminate the agreement; or
c. Other grounds analogous to the foregoing.
SECTION 111. Validity of Manpower Request/Job Order. Job
orders approved by the Department shall be valid for a
period of three (3) years. In the approval of job orders,

33
the MWO shall determine the proposed compensation package
based on its periodic review of the prevailing employment
standards and wage rates at the destination country.

SECTION 112. Renewal of Accreditation. The accreditation

may be renewed at the request of the principal/employer
or licensed recruitment agency and upon submission of the
reconfirmed recruitment agreement and new job order.
SECTION 113. Multiple Accreditation of
Principal/EmpIoyer. The principal/employer may be
accredited up to a maximum of five (5) licensed
recruitment agencies in accordance with the
guidelines as may be prescribed by the Department.
SECTION 114. Transfer of Accreditation. The accreditation
of a principal/employer may be transferred to another
licensed recruitment agency, provided, that:

a. There is no downgrading of the compensation

package adopted by the principal with the
licensed recruitment agency to which it is
currently/previously accredited;
b. The transferee agency shall assume full and
complete responsibility for all contractual
obligations of the principal/employer to the
OFWs originally recruited and deployed by the
former licensed recruitment agency, by
submitting to the MWO or the Department, as the
case may be, an undertaking to that effect.

In cases of repatriation of distressed workers

or return of the remains of the deceased
employees, both transferee and transferor
agencies shall be jointly responsible for the
said obligations; and

c. The principal/employer must have no pending

disciplinary action case.
For this purpose, any accreditation within six (6) months
immediately following its cancellation by the
principal/employer shall be deemed a transfer of
accreditation.
SECTION 115. Action on Applications for Transfer of
Accreditation of a Principal/Employer with Outstanding
Obligations. Money claims or obligations arising out of
the recruitment agreement shall not prevent the MWO or the
Department from acting on the request for transfer of
registration or accreditation, if public interest so
requires.

34
Aside from non-compliance with Section 114, the transfer
of accreditation may be deferred under any the following
circumstances:

a.There are several pending requests for the processing

of workers filed before the Department;
b.There are applicant workers who already signed their
respective employment contracts, issued with
employment visas and completed all of their needed
documents for deployment;
c.There are pending requests for the repatriation of
its workers; and
d.In any analogous case where the applicants and its
workers will be prejudiced by the immediate transfer
of accreditation.

The transfer of accreditation may be given due course upon

resolution of the above issues and/or circumstances.
SECTION 116. Accreditation of Principal/Employer in
Countries Covered by a Special Agreement. The
accreditation of a principal/employer in countries covered
by any special agreement entered into by the Philippine
government shall be in accordance with the guidelines
prescribed by the Department.
RULE Il
Documentation and Deployment of OFW
SECTION 117. Deployment of OFW. The State shall allow the
deployment of OFWs only in countries where the rights of
OFWs are protected, as provided under Section 4 of R.A.
No. 8042, as amended by R.A. No. 10022.
SECTION 118. Allowable Visa Usage. No Visa Usage
undertaking will be allowed for domestic workers and any
household-based positions.

In the event where there will be discrepancy in the actual

job position with the job title provided in the employment
visa, an OEC/OFW Clearance may be issued, provided that
the following conditions are met:

a. The visa category is related to the workers'

position or in line with the principal's nature of
business;
b. The recruitment agency executes an Undertaking
on Visa Usage;
c. The worker is aware of the visa discrepancy
situation and has executed a Declaration of
Awareness and Consent; and

35
 d. The destination country allows such practice.

SECTION 119. Deployment of OFW to Companies and

Contractors with
International Operations in Countries not Certified by the
DFA as Compliant. The Department shall allow the
deployment of OFWs to companies and contractors with
international operations in countries not certified by the
DFA as compliant; Provided, such companies and contractors
are compliant with standards, conditions and requirements,
as embodied in the employment contracts prescribed by the
Department and in accordance with internationally-accepted
standards.

SECTION 120. Ban or Termination of Deployment.

Notwithstanding the provisions of the preceding sections,
in pursuit of national interest or when public welfare so
requires, the Department may, after consultation with the
DFA, at any time, impose or terminate a ban on the
deployment of OFWs.
SECTION 121. Requirements for the Processing of Agency-
Hires. The processing of Agency-Hires shall comply with
the requirements prescribed by the Department. A separate
requirement shall be prescribed for domestic/householder
service workers and workers in vulnerable occupations.

SECTION 122. Minimum Age for Deployment and Compensation

of Domestic Worker. The minimum deployment age and minimum
salary of a domestic worker shall be as prescribed by
laws, rules, and regulations.
SECTION 123. Issuance of Overseas Employment
Certificate/OFW Clearance. An OEC/OFW Clearance shall be
issued only upon compliance with the documentary
requirements for contract processing and payment of DMW
processing fee, if applicable and OVAMIA Membership
contribution.
SECTION 124. Validity of Overseas Employment Certificate
and Period to Deploy. An OEC/OFW Clearance shall be valid
for sixty (60) days for initial deployment and ninety
(90) days for rehires, from date of issuance, within
which period the licensed recruitment agency shall deploy
its documented OFWs. The licensed recruitment agency
shall report to the Department within fifteen (15) days
from the expiry date of the OEC/OFW Clearance, in case of
non-deployment and the reason/s therefor,

In case of issuance of multiple OEC/OFW Clearance, its

validity shall depend on contract duration.

36
SECTION 125. Registration of Returning OFW. The
registration and documentation of Returning OFWs shall be
carried out by MWOs and the Department in accordance with
prescribed guidelines.

SECTION 126. Ban on Direct Hires, Exemption. In

accordance with law, no employer shall directly hire an
OFW for overseas employment, unless otherwise exempted by
law or any issuance of the Department.

The Department shall issue separate guidelines on the

processing of workers exempted from the ban on direct
hiring.

SECTION 127. In-House Processing Facility. The Department

shall continue to improve and develop the system for in-
house processing through electronic submission at the
Land-based Accreditation Bureau for all agencies.

SECTION 128. Accreditation and Processing of Workers in

Sectors or Industries that Intersect with the Sea-based
Sector. The Department shall issue separate guidelines on
the accreditation of principals and the processing of
workers in sectors or industries with workplace
characteristics that intersect with the sea-based sector,
including, among others, occupations in the inter-modal
sector.

PART IV
PLACEMENT BY THE DEPARTMENT
RULE I
Recruitment and Placement Through the Department
SECTION 129. Hiring through the Department. The
Department shall recruit and place OFWs primarily on
government-to-government arrangements and shall therefore
service the hiring of foreign governments and their
instrumentalities. The Department shall deploy only to
countries where the Philippines has concluded bilateral
labor agreements or arrangements.

As far as practicable, the Department shall recruit and

place OFWs primarily on a government-to-government
arrangement, or to labor markets not being serviced by
the private sector.

In pursuance thereof, the Department shall, among

others:

37
 a. Administer programs and projects that may support
the employment development objectives of the
Administration;
b. Set parameters in servicing other foreign
clients; and
c. Undertake, in coordination with Regional Offices
and concerned local government units, organized
recruitment activities, in the provinces in aid of the
employment dispersal efforts of the government.

SECTION 130. Recruitment and Placement of OFWs. All

employers hiring through the Department shall undertake
the recruitment and placement of OFWs through the
facilities of the Department. The activities shall
include, but not be limited to: interview and selection,
provide list of Department of Health (DOH) accredited
hospitals/medical clinics for medical examination,
processing of contracts, assistance in securing passports
and appropriate visas, pre-employment orientation, pre-
flight briefing, travel arrangements, and welfare
monitoring mechanism/procedures.

SECTION 131. Fees and Costs Chargeable to the OFW and the
Principal/EmpIoyer, respectively. Unless otherwise
provided by law, regulations, or bilateral agreement or
arrangement, the fees and costs chargeable to
principal/employer and to the OFW shall be those provided
in a subsequent guideline issued by the Department.

SECTION 132. Foreign Employer's Guarantee Fund. For OFWs

recruited through a government-to-government arrangement,
the Department shall, through relevant guidelines,
establish and administer a Foreign Employer's Guarantee
Fund (FEGF) or its equivalent, which shall be answerable
for the OFWs' monetary claims arising from breach of
contractual obligations. The same must be included in
bilateral agreements on government-to-government hiring.

SECTION 133. Fees and Contributions. All employers hiring

through the Department shall pay to the Department a
Mobilization Fee/ Government Hiring Fund in
professionalizing the services under PEGPB, as provided
in the prescribed guidelines, inclusive of the OLWA
contribution, payable prior to the issuance of the
OEC/OFW Clearance of the OFW. Such payment shall not be
levied on the selected applicant by the employer.

Prior to the worker's departure, the employer shall be

required to contribute to the FEGF to cover the worker's
monetary claims arising from breach of contractual

38
obligations of the employer, including attendant
repatriation expenses.

Over and above the contribution to the FEGF, and in case

of termination of overseas employment without just,
valid, or authorized cause as defined by law or contract,
the employer shall pay the worker his/her salaries for
the unexpired portion of the employment contract.

SECTION 134. Parameters for Government-to-Government

Hiring. The Department shall recruit and place workers
for foreign employers consistent with parameters and
criteria as may be set by the Department.
PART V
EMPLOYMENT STANDARDS
RULE I
Formulation of Employment Standards
SECTION 135. Employment Standards. The Department shall
secure the best possible terms and conditions of
employment for OFWs. As such, it shall develop and
continually review employment standards in accordance
with policy thrusts and market developments. For this
purpose, the minimum provisions of employment contracts
for OFWs shall be prescribed by the Department through
guidelines, consistent with its welfare promotion
thrusts.

SECTION 136. Freedom to Stipulate. Parties to overseas

employment contracts are allowed to stipulate other terms
and conditions, including benefits, which should be over
and above the minimum requirements. Said stipulations
should not be contrary to law, public policy, and morals.

SECTION 137. Disclosure of Terms and Conditions of

Employment The licensed recruitment agency shall, prior
to the signing of the employment contract, inform the
OFWs of their rights and obligations, and disclose the
full terms and conditions of employment. The licensed
recruitment agency shall likewise ensure that the OFW is
provided with a copy of the DMW-approved contract, to
give the OFW ample opportunity to examine the same.

PART VI
RECRUITMENT VIOLATIONS AND DISCIPLINARY ACTION
CASES

39
 RULE I
Jurisdiction
SECTION 138. Jurisdiction. The Department shall exercise
original and exclusive, and appellate jurisdiction to
hear and decide all administrative cases involving or
arising out of:

a.Violations of recruitment rules and regulations,

including refund of fees collected from OFWs; and
b.Disciplinary action cases, excluding money claims.
In the exercise of its adjudicatory power, the Department
shall formulate its own rules and procedures governing
administrative proceedings.

RULE Il
Recruitment Violation Cases, Classification of
Offenses and Penalties
SECTION 139. Grounds for Imposition of Administrative
Sanctions Against a Licensed Recruitment Agency.
Commission by a licensed recruitment agency of any of
the offenses below shall be a ground for the
imposition of the corresponding penalty.

I. SERIOUS OFFENSES. Serious offenses are punishable by

cancellation of license plus accessory penalties, as
may be imposed.
a.Deploying a minor or a worker below the minimum age
requirement;
b.Engaging in acts of gross misrepresentation for the
purpose of securing a license or renewal thereof, or
giving false information or fictitious documents in
relation to a matter that is material to the approval
of the license application or renewal;
c.Engaging in an act of reprocessing workers through a
job order that pertains to: (1) non-existent work;
(2) positions different from the actual overseas work
or for positions different from the actual visa
category, except when covered by an Affidavit of
Allowable Visa Usage, as provided for in Part Ill,
Rule Il, Section 118 of the DMW Rules; or (3) a
different principal/employer whether or not
accredited with the Department;
d.Engaging in an act of reprocessing workers through a
job order that belongs to another agency;

40
e.Engaging in the recruitment or placement of workers
in jobs declared as harmful to life, public health,
morality, human dignity, or the dignity of the
Republic of the Philippines;
f.Transferring or changing ownership or control of a
single proprietorship licensed to engage in overseas
employment;
g.Becoming an officer or member of the Board of any
corporation or partnership engaged directly or
indirectly in the management of a travel agency by
any of the Proponents;
h.Deploying workers whose employment and travel
documents were not processed by the Department;
Allowing a non-Filipino citizen to head or manage,
directly or indirectly, a licensed recruitment
agency;
j. Allowing a foreign recruitment agency, principal, or
employer to own and/or participate in the management
and/or operations of a licensed Philippine
recruitment agency;
k. Deploying a worker recruited by a non-Filipino
citizen;
Allowing illegal agents, non-employees, or
representatives or employees not duly acknowledged by
the Department, to conduct recruitment and placement
activities on behalf of the agency;
m. Charging or collecting placement fees for deployment
to countries where the prevailing system, as
determined by the Department, does not allow the
charging or collection of placement and recruitment
fees either by law, policy or practice;
n. Passing on to the worker the fees and costs that are
solely chargeable to the principal/employer;
o. Refusing or unreasonably failing to act on any
request for assistance leading to death,
psychological impairment, sexual abuse or
maltreatment of the worker;
p. Substituting or altering, to the prejudice of the
worker, a processed employment contract without the
approval of the Department;
q. Imposing a compulsory and exclusive arrangement
whereby an OFW is required to undergo health
examinations, training, seminar, instruction or
schooling of any kind only from specifically
designated institutions, entities, or persons or
medical clinics, as the case may be, unless the cost
is shouldered by the principal or licensed
recruitment agency;

41
 r. Imposing a compulsory and exclusive arrangement
whereby an OFW is required to avail of a loan from a
specifically designated institution, entity, or
person.
s. Committing all other acts constituting Trafficking in
Persons as defined by R.A.
Nos. 8042, 10022, and other relevant laws; and
t. Directly or indirectly committing acts constituting
graft and corrupt practices as defined by the Revised
Penal Code, R.A. Nos. 3019 and 6713, and other
relevant laws, involving any official, employee, or
personnel of the Department.

ll. LESS SERIOUS OFFENSES. Less serious offenses are

punishable by suspension of license from Six (6)
Months and One (1) Day to One (1) Year plus
accessory or alternative penalties as may be
imposed.

a. Charging or accepting directly or indirectly any

amount greater than that specified in the schedule of
allowable placement fees, or making a worker pay or
acknowledge any amount greater than that actually
received by him/her as loan or advance;
b. Charging, imposing or accepting directly or
indirectly, any amount of money, goods or services,
or any fee or bond for any purpose whatsoever before
employment is obtained for an applicant worker;
c. Collecting any fee from a worker without issuing BIR-
registered official receipt clearly showing the
amount paid and the purpose for which payment was
made;
d. Engaging in any other acts of misrepresentation in
connection with recruitment and placement of workers,
such as, but not limited to, furnishing or publishing
any false notice, information or document in relation
to recruitment or employment;
e. Obstructing inspection conducted by the Department,
or its duly authorized representatives;
f. Withholding or denying release of travel or other
pertinent documents from a worker despite demand;
g. Engaging in recruitment activities in places other
than that specified in the license or branch
authority without a Special Recruitment Authority;
h. Appointing or designating representatives or
employees without notice to and acknowledgment by the
Department;

42
 Allowing an accredited principal/employer or its
representative to conduct or participate in
recruitment activities outside the registered
business address of the licensed recruitment agency
without prior approval from the Department;
j. Allowing persons who are disqualified to participate
in the overseas employment program under existing
laws, rules and regulations to participate in the
ownership, management, and operation of the
recruitment agency;
k. Failure to reimburse expenses incurred by the worker
in connection with his/her documentation and
processing, where deployment does not take place
without any fault on the part of the worker;
Failure to comply with any of the required undertakings
relative to the issuance or renewal of license;
m. Refusing to condone or renegotiate a loan incurred by
an OFW after the employment contract has been
prematurely terminated through no fault of the
worker;
n. Facilitating, arranging or granting of a loan to an
OFW with interest exceeding eight percent (8%) per
annum which will be used for payment of legal and
allowable placement fees, and making the OFW issue,
either personally or through a guarantor or
accommodation party, postdated checks in relation to
the said loan;
o. Failure to report significant incidents within the
prescribed period regarding the condition and status
of the deployed worker;
p. Failure to actually deploy a contracted worker within
the validity of the OEC/OFW Clearance without valid
reason;
q. Collecting any amount as payment for documentation
costs not prescribed by these Rules or other
issuances of the Department, or an amount greater
than the actual documentation costs, as covered by
official receipts issued by entities which received
the payments;
r. Falsifying or altering employment or travel documents of applicant worker;
s. Inducing a worker already pre-qualified/ contracted,
whether deployed or not, to withdraw from or to
abandon his/her employment in order to offer him/her
another, unless the transfer is designed to liberate
a worker from oppressive terms and conditions of
employment;
t. Failure to register, or violation of or non-
compliance with the prescribed requirements
pertaining to accommodation facilities; and

43
 u. Willful disobedience of lawful orders, notices, or
other legal processes issued by the Department;

Habitual commission of less serious offenses shall

constitute recidivism and shall be dealt with more
severely.
Ill. LIGHT OFFENSES. Light offenses are punishable by Two
(2) Months to Six (6) Months suspension of license, plus
accessory or alternative penalties as may be imposed.

a.Failure to submit reports as required under the rules

and other issuances of the Department;
b.Influencing any person or entity not to employ any
worker who has not applied for employment through
his/her agency, or influencing any person or entity
not to employ any worker who has formed, joined or
supported, or has contacted or is supported by any
union or workers' organization;
c.Failure to report to the Department the termination
or resignation of representatives or employees within
the prescribed period;
d.Failure to monitor and submit quarterly report on the
status and condition of its deployed workers; and
e.Violations of other pertinent provisions of these
Rules and other relevant laws, rules and regulations,
guidelines and other issuances on recruitment and
placement of workers for overseas employment and the
protection of their welfare.

SECTION 140. Grounds for Disciplinary Action Against

Principals/EmpJoyers and Penalties. Commission by a
foreign principal/employer of any of the offenses below
shall be a ground for the imposition of the corresponding
penalty.
l. SERIOUS OFFENSES. Serious offenses are punishable by
permanent disqualification and delisting from the roster
of accredited principals/employers.

a. Unauthorized/unjustified collection of fee or illegal

exaction from an OFW through whatever means,
including salary deduction;
b. Passing on to the worker or deducting from the OFWs
salary the payment of the cost of the premiums, as
provided under the compulsory worker's insurance
coverage;
c. Gross negligence leading to serious injury,
illness or disability, or death of the OFW;
d. Grave misconduct against the OFW;
44
 e. Commission of any act by the principal/employer or
any member of the family/household against the OFW,
which is tantamount or amounts to a felony, crime, or
offense punishable by the laws of the Philippines or
by the host country;
f. Unlawful transfer of an OFW to another
principal/employer or to another jobsite/worksite;
g. Compelling an OFW to perform work different from what
is provided in the contract;
h. Unreasonable/unjustifiable delay or refusal in
securing an exit visa for an OFW or failure to timely
repatriate the OFW;
Non-payment or underpayment of wages and benefits;
j. Substitution or alteration of the duly-processed
contract to the prejudice of the OFW; and
k. Gross violation of other laws, rules, and regulations
pertaining to overseas employment.

ll. LESS SERIOUS OFFENSES. Less serious offenses are

punishable by Six (6) Months to one (1) year
suspension from participation in the overseas
employment program.

a. Default on other contractual obligations to the OFW;

b. Withholding the worker's travel and other pertinent
documents;
c. Non-acceptance of the results of valid health
examinations conducted by a DOH-accredited or DOH-
operated clinic;
d. Failure to monitor and report the status, condition,
or significant events relating to its hired worker;
e. Negligence leading to injury or illness of the
worker;
f. Simple misconduct against the worker; and
g. Deliberate failure to comply with any provisions of
the recruitment agreement with its Philippine agent.

RULE Ill
Disciplinary Action Against OFW, Classification of
Offense and Penalties
SECTION 141. Grounds for Disciplinary Action and their
Penalties. Commission by an OFW of any of the offenses
enumerated below shall be a ground for disciplinary
action for which the corresponding penalties Shali be
imposed.

45
l. SERIOUS OFFENSES. Serious offenses are punishable
by One (1) Year-and One (1) Day to Two (2) Years
suspension from participation in the overseas
employment program.

a. Submitting, furnishing or using falsified document or

employing any other
forms of misrepresentation for the purpose of job
application or employment;
b. Unjustified refusal to continue his/her application
after signing an employment contract, or to depart
for the worksite after all employment and travel
documents have been duly approved by the appropriate
government agencies;
c. Commission of a felony, or crime punishable by the
laws of the Philippines or by the host country,
committed during employment;
d. Embezzlement of monies and/or properties of a fellow
worker entrusted for delivery to kin or relatives in
the Philippines;
e. Assaulting or commission of fraudulent acts against a
fellow worker, the principal/employer or any member
of his/her family, or any of the directors, officers,
managerial or supervisorial staff of the
principal/employer;
f. Grave abuse of authority by an officer exercising
supervision over other employees;
g. Possession or use of prohibited drugs, contraband,
alcohol or pornographic materials in violation of
company policy or laws of the host country;
h. Unjustified refusal to be repatriated in case of
mandatory repatriation in accordance with the
declaration of the Philippine government;
Commission of gender based violence, or acts
constituting violation of the Anti-Violence Against
Women and Children Act or any other relevant laws,
upon conviction or finding of probable cause of
competent authority; and
j.Unjustified termination of employment contract.

ll. LESS SERIOUS OFFENSES. Less serious offenses are

punishable by Six (6) Months to One (1) Year
suspension from participation in the overseas
employment program.

a. Unjustified breach of employment contract;

b. Embezzlement of funds and other properties of the
employer;

46
 c. Violation of the religious and cultural practices of
the host country;
d. Violation of company policies and regulations;
e. Insubordination or refusal to obey a lawful order of
the employer or the duly authorized representative;
f. Failure to refund the cost of his/her repatriation
advanced by the principal or recruitment agency,
where termination of employment was due to his/her
own fault as determined by final judgment;
g. Other forms of misrepresentation relative to his/her
overseas employment; and
h. Violation of the Code of Discipline for OFWs.
RULE IV
Complaints
SECTION 142. Filing and Venue of Complaints. Any person,
juridical or natural, who is aggrieved by the commission
of an offense as enumerated in the immediately preceding
rules may file a Complaint in the Regional Office having
jurisdiction over the place where the worker was recruited
or resides, at the option of the Complainant.
The Department may likewise, on its own initiative,
initiate a Complaint based on verified reports of
violation of the DMW Rules and Regulations and other
issuances on overseas employment, accompanied by all
available evidence relative thereto.
SECTION 143. Preventive Suspension. Pending investigation
of the recruitment violation or disciplinary action
complaint, the erring recruitment agency, foreign
principal/employer, or OFW may be suspended for a period
not exceeding ninety (90) days, on the following grounds:

(1) For the recruitment agency

a. There exists reasonable ground to believe that
the continued operation of the licensed
recruitment agency will lead to further violation
or exploitation of workers being recruited or
deployed or will adversely affect friendly
relations with any country or will prejudice
national interest; and
b. There is a prima facie evidence of a case
for violation of these Rules and Regulations
pertaining to serious or less serious offense
where the evidence of guilt is strong.
(2) For a foreign principal/employer

47
 a. When the evidence of guilt is strong; and
b. There is reasonable ground to believe that the
continued deployment to the principal/employer
will result in further violation or exploitation
of OFWs or any of the grounds for the suspension
of accreditation provided by Section 108 of the
Rules is present.
(3) For a migrant worker
a. When the evidence of guilt is strong; and
b. The charge involves a serious offense.
SECTION 144. Resolution of the Case. After notice and
hearing, the Adjudicator shall submit his/her findings
and recommendations to the Regional Director in the form
of a draft Order. The Regional Director shall render a
decision after receipt of the findings and
recommendations. The penalty of cancellation of license
shall be imposed upon a respondent agency found liable
for committing a less serious or light offense against
five (5) or more workers in a single case.
Rule V
Appeal and Execution of Judgment
SECTION 145. Jurisdiction. The Secretary shall have
exclusive jurisdiction over appeals from the Orders of
the Regional Directors. No Motion for Reconsideration
shall be filed before the Regional Directors. However, a
Motion for Reconsideration elevated to the Department may
be given due course.

The Secretary shall likewise assume jurisdiction over

appeals from the previous decisions of the Administrator
of the former POEA, provided that the same are filed
within the reglementary period as may be prescribed by the
DMW Rules of Procedure in the Adjudication of Cases.
Appeals from the Orders of the POEA Administrator that are
still pending at the Office of the Secretary of the
Department of Labor and Employment shall be forwarded to
the Department for disposition.

SECTION 146. Execution of Judgments. In executing an Order

that has become final and executory, the Enforcement
Officer shall be guided strictly by the provisions in the
DMW Rules of Procedure in the Adjudication of Cases.

SECTION 147. Effect of Petition for Certiorari on

Execution. A Petition for Certiorari with the Court
of Appeals or the Supreme Court shall not stay the

48
execution of the assailed decision of the Secretary
unless a restraining order is issued by said courts.

RULE VI
Clemency
SECTION 148. Clemency. Subject to conditions as may be
provided in the Department's Rules of Procedure in the
Adjudication of Cases, a foreign principal/employer
imposed with permanent disqualification, or a partner,
officer or a director of a recruitment agency whose
license has been cancelled, or a suspended Overseas
Filipino Worker, may file a Motion for Clemency, Motion to
Delist from Derogatory Record, or Motion for Commutation
of Penalty, as the case may be, with the Adjudication
Bureau.

PART Vil ASSISTANCE TO OFW

RULE I
Assistance to OFW
SECTION 149. Responsibility to OFW. The Department shall
ensure that OFWs are amply protected, and that their
interests, well-being, and welfare are promoted. Licensed
recruitment agencies shall be responsible for the faithful
compliance by their principals/employers of all
obligations under the employment contract.

SECTION 150. Request for Assistance. The Department shall

take cognizance of any request for assistance from the OFW
or his/her family or by a third party, on matters relating
to overseas employment, or may refer them to the proper
government agencies or the licensed recruitment agencies
concerned, for appropriate action.

For this purpose, a third party shall refer to any

individual, group, and other stakeholders who were able to
obtain verifiable reports or information of the status and
condjtjon of the worker onsite.

SECTION 151. Monitoring of Deployed Workers and Submission

of Reports. Commencing from the deployment of its hired
worker until the expiration of the term of their contract,
the licensed recruitment agency shall monitor the status
or condition of its deployed OFW and submit a
corresponding quarterly report to the Department. It shall
likewise immediately act on complaints or problems brought
to its attention and submit corresponding reports to the
Department.

49
In case of significant incidents such as but not limited
to death, injury, detention, physical/sexual abuse,
maltreatment, accidents, missing, runaway, emergency
medical assistance, of OFW, the licensed recruitment
agency shall submit a report regarding the same to the
Department within five (5) days from the occurrence of
the incident.

The foreign recruitment agency or foreign placement

agency shall likewise monitor its deployed OFWs' status
or condition and regularly submit a quarterly monitoring
report to the concerned Migrant Workers Office.

SECTION 152. Monitoring System. To standardize the

monitoring reports and make the submission easier and
faster, the OFW Welfare Monitoring System (OWMS) shall be
the tool that the recruitment agencies, through their
WEDOs, will use in submitting the quarterly monitoring
reports and significant or critical incident reports on
the status and condition of the deployed OFW.

SECTION 153. Creation and Management of Welfare Records.

A newly-hired and deployed OFW shall have a welfare
record in the OWMS that the deploying recruitment agency
should create during the first month of his/her
deployment.

After thirty (30) days from the effectivity of these

Rules, the licensed recruitment agencies that deployed at
Jeast one hundred (100) domestic workers shall employ at
least one (1) full-time and trained welfare
officer/counselor in its office to monitor and resolve
domestic worker problems/complaints at the job site.

SECTION 154. Capability Enhancement Training. The

Department, in coordination with other national government
agencies, shall conduct capability enhancement training
for welfare desk officers of recruitment agencies to equip
them with the necessary tools to help address the
complaints of the workers on site and/or aired through
their families.

The employees of the PRA shall undergo Capability

Enhancement Training.
SECTION 155. Reporting of Erring Employer/Principal. The
licensed recruitment agency shall report to the Department
any information that comes to the knowledge of the agency,
with respect to any violation of these Rules by their
principal/employer. The matter shall be referred to the
Foreign Employment and Welfare Services, Adjudication

50
Bureau, or Licensing Regulation Bureau for appropriate
action.

SECTION 156. Administrative Sanctions. Failure by licensed

recruitment agencies and/or principals/employers to submit
reports or to act on requests for assistance and/or
complaints of OFW and/or their families shall warrant
imposition by the Department of documentary processing
suspension or such sanctions as it may deem appropriate.

SECTION 157. Welfare Programs and Reintegration. The

Department shall promote and establish projects and
activities that will facilitate the psychosocial and
economic reintegration of OFWs who have decided to return
home permanently.
It shall support and coordinate with other institutions on
projects and activities that will enhance the welfare and
promote the interest of OFWs and their families.

RULE Il
Repatriation
SECTION 158. Primary Responsibility to Repatriate OFW.
Notwithstanding the provisions on compulsory insurance
coverage as required by law, the repatriation of an OFW
or his/her remains, and the transport of his/her personal
effects shall be the primary responsibility of the
principal/employer and licensed recruitment agency that
recruited and/or deployed him. This entails the
obligation to cover repatriation and attendant costs,
including airfare and immigration fines/penalties. This
obligation shall be without prior determination of the
cause of the need to repatriate the OFW. After the OFW
has returned to the country, the principal/employer or
licensed recruitment agency may, however, recover the
cost of repatriation from the OFW if the termination of
the employment was due solely to the OFW's fault.

SECTION 159. Department's 24/7 Emergency Response and

Action Center Unit. The Department shall maintain a
centralized system in the Department that facilitates,
monitors, and documents the repatriation of OFWs in
distress, regardless of status in the host country, in
coordination with relevant government agencies, the
private sector, and other stakeholders.

SECTION 160. Repatriation Procedures. Repatriation of

OFW, including the imposition of suspension of
documentary processing of the erring licensed recruitment
agency and/or suspension of processing of all the job

51
orders of the erring employer and its foreign placement
agency, shall follow the procedure as may be prescribed
in the guidelines to be issued by the Department.

SECTION 161. Lifting of Order of Documentary or Job Order

Processing Suspension. Upon request, the Order of
Documentary/ Job Order Suspension shall be lifted only
when there is proof of compliance by the recruitment
agency/foreign placement agency/employer to the directive
issued by concerned Bureau Director/Regional Director and
upon the latter's recommendation to the Undersecretary
for Foreign Employment and Welfare Services.

SECTION 162. Repatriation Costs in Case of Failure to

Repatriate. When those primarily responsible for the
repatriation fail to fulfill their obligations, a
recommendation to advance the repatriation costs using the
AKSYON Fund may be endorsed to the Undersecretary for
Foreign Employment and Welfare Services, subject to the
reimbursement of the costs by the LRA or employer and the
imposition of appropriate administrative sanctions against
the LRA or employer before the Department

SECTION 163. Prohibition Against Performance Bonds and

Deposits. The licensed recruitment agency shall not
require any bond or cash deposit from the OFW to guarantee
performance under the contract or for the OFW's
repatriation.

SECTION 164. Emergency Repatriation. The OWWA, in

coordination with DFA, and in appropriate situations, with
international agencies, shall undertake the repatriation
of OFW in cases of war, epidemic, disasters or calamities,
natural or man-made, and other similar events, without
prejudice to reimbursement by the responsible foreign
placement agency/employer or licensed recruitment agency
within sixty (60) days from notice. In such cases, the
Undersecretary shall simultaneously identify and give
notice to the licensed recruitment agencies concerned,
copy furnished the corresponding insurance companies.

SECTION 165. Mandatory Repatriation of Underage Overseas

Filipino Worker. Upon receipt of verifiable information on
the presence of an OFW whose actual age falls below the
minimum age requirement for overseas deployment, the
responsible officers in the foreign service shall, without
delay, repatriate the said OFW and advise the DFA through
the fastest means of communication available of such
information.

52
 RULE Ill
War Risk Areas and Insurance
SECTION 166. Declaration of War Risk Areas. In order to
protect the OFW from the hazards of war or deteriorating
political and security situations, the Department shall,
pursuant to prior declaration by the DFA, declare
specific areas as war risk areas.
SECTION 167. Mandatory War Risk Insurance for OFW. In
addition to the compulsory insurance coverage as
required in these Rules, all OFW bound for areas
declared as war risk areas shall be provided with war
risk insurance coverage in such amount as may be
determined by the Department. This war risk insurance
shall be provided by the principal/employer at no
cost to the OFW.

RULE IV
Comprehensive and Integrated Public Education
Program
SECTION 168. Public Education Program. The Department
shall undertake a comprehensive and integrated public
education program on overseas employment involving
workers, licensed recruitment agencies,
prjncjpaJs/empJoyers and government personnel, for the
purpose of promoting safe and legal migration and
preventing illegal recruitment and trafficking in
persons.

SECTION 169. Workers Education Program. The Department

shall disseminate information on labor and employment
conditions and migration realities to adequately prepare
individuals, and empower them to make informed and
intelligent decisions about overseas employment.

Toward this end, the Department shall resort to modes of

information and dissemination campaigns, such as the
conduct of PEOS in the form of community/mass-based PEOS
or PEOS online. Completion of the PEOS online shall be
mandatory for all applicants for overseas employment. The
PEOS shall cover all stages of employment and may be
country and skill-specific.

The Department shall likewise conduct a multi-

media campaign to continuously disseminate anti-illegal
recruitment laws and regulations, updated lists Of
licensed agencies and entities and other essential
information through information and education materials

53
such as brochures, pamphlets, posters, visual aids and
other

54
similar materials.

SECTION 170. Partnerships with Stakeholders. The

Department shall maintain and strengthen its partnership
with local government units, other government agencies,
private sector and civil society organizations advocating
the rights and welfare of OFWs, for the purpose of
dissemination of information on all aspects of overseas
employment, including the conduct of information and
education campaigns on anti-illegal recruitment and anti-
trafficking in persons.

SECTION 171. Agency Education Program. The Department

shall provide PreLicensing Orientation Seminars and a
Continuing Agency Education Program for the officers and
personnel of licensed recruitment agencies.

SECTION 172. Orientation of Principal/Employers and OFW

On-Site. The Department in coordination with the MWO or
concerned entities shall provide effective orientation to
principals/employers on the requirements, standards, laws
and regulations in the recruitment and employment of
Filipino workers. The MWO, in coordination with the
principals/employers, shall conduct a PAOS for OFWs. The
orientation of principals/employers and the PAOS may be
conducted through an online system established by the MWO.

The licensed recruitment agencies shall be responsible for

orienting the employer and the worker on their rights,
duties and responsibilities stipulated in the employment
contract.

RULE V
Registration of Applicant-Workers
SECTION 173. Applicants-Workers' Registry. The Department
shall adopt a system of registration of applicants-
workers and maintain a registry of qualified applicants
in accordance with the requirements of their occupations.

SECTION 174. Sourcing of Workers from the Registry. Aside

from the in-house placement facility of the Department,
licensed recruitment agencies may source their manpower
requirements from the applicants-workers' registry.

SECTION 175. Endorsement of Qualified Applicants. The

Department may endorse qualified applicants from the
registry to licensed recruitment agencies for possible
placement.
SECTION 176. Agency Workers Pool. A licensed recruitment
agency may maintain its own manpower pool for its
prospective or accredited principal/employer, provided,
no fee shall be charged to the applicant, nor shall
services be required in consideration of registration in
the agency's manpower pool.

PART
RULE VI
Labor Market Research, Standards
Development, and
Advanced and Strategic Policies on
Migration and
Development
SECTION 177. Labor Market Research Studies. The
Department, in coordination with relevant entities, shall
establish a labor market information system and conduct
periodic and responsive research studies on the
following:

1. labor market demand and supply;

2. prevailing labor market trends and conditions;
3. employment standards;
4. prevailing salary rates in the host countries;
5. immigration and labor policies of host
countries; and
6. country and skill-specific employment
contracts.

SECTION 178. Advanced and Strategic Policies on Migration

and Development. The Department shall ensure that its
policies related to the recruitment and employment of
Landbased OFWs, as reflected in these rules and
regulations and the standards and requirements it
imposes, are:

a. Responsive to current conditions and

challenges that have an impact on, or are, in
turn, impacted by overseas labor migration
and/or the development goals of the Philippine
government;
b. Capable of anticipating and leveraging
emerging trends towards the end of ensuring the
personal development of overseas workers and

56
 their families on the one hand, and the
sustainability of our national development on
the other;
c. As far as practicable, supported and guided
by evidence-based and data-driven advanced and
strategic studies on migration and development;
and
d. Consultatively formulated, including
through the engagement of the participation of
key stakeholders and experts in various fields
of study, including those from the academe and
both government and nongovernmental
organizations.

For this purpose, the Undersecretary for Policy and

International Cooperation, through the Institute for
Advanced and Strategic Studies on Migration and
Development, shall establish the Department's policy-
making framework.

SECTION 179. Training Programs and Standards. The DMW

shall coordinate with private entities, government
agencies, and employers concerned in the formulation of
training programs and standards.

SECTION 180. Bilateral/Regional/MuItiIateral Agreements.

The Department, in coordination with relevant entities,
shall pursue the conclusion of
bilateral/regional/multilateral agreements on labor
cooperation with host countries.

RULE
Code of Conduct for Migrant Workers
SECTION 181. Obligations of OFWs. It is the duty of all
OFWs to conduct themselves in the most professional,
responsible and ethical manner in the performance of
their duties and fulfill their obligations towards their
family, fellow workers, country, the licensed recruitment
agency, principal/employer, and lastly, to the host
country.

PART IX
INCENTIVES AND AWARDS
RULE I
Agency Awards

57
SECTION 182. Three-Tiered Award System for Licensed
Recruitment Agencies. The Department shall confer awards
to licensed recruitment agencies, in recognition of their
consistent excellent performance in providing decent and
remunerative employment to OFWs, maintaining
professionalism and upholding ethical recruitment
practices.

The licensed recruitment agencies qualified for the

awards shall be evaluated based on criteria as may be set
by the Department.
The three-tiered award system consists of the following
categories:

a. Top Performer Award, the first level award

which is given to a licensed recruitment agency
that has been actively operating for at least four
(4) years and has passed the criteria and
threshold for the said award, which shall be
conferred once every two (2) years;

b. Award of Excellence, the second level of

award given to a licensed recruitment agency
which has received the Top Performer Award for
three (3) times, which shall be conferred once
every two (2) years;

c. Presidential Award, the highest level of

award given to a licensed recruitment agency
which has received the Award of Excellence for
three
(3) times, which shall be conferred once every
six (6) years.
SECTION 183. Incentives and System of Recognition. The
recipients of Outstanding Agency Awards shall be entitled
to a package of incentives as may be granted by the
Department through a guideline set for this purpose.
SECTION 184. Other Incentives and System of Recognition.
The Department shall, other than those mentioned in the
preceding paragraph, continue to recognize exemplary
performance of licensed recruitment agencies and develop
an incentive scheme to reward those that practice ethical
recruitment standards, including the development of a
"white list" of agencies and other similar schemes. It
shall also continually review the awards system and its
incentives for the purpose of enhancing the system,
taking into consideration developments in migration

58
policies and practices and trends in the global labor
market, and affording the participation of various
stakeholders in the process.
RULE Il
Employers' Awards
SECTION 185. Two-Level Award System for
Principals/EmpIoyers. The Department shall confer every
four (4) years a two-level award to deserving
principals/employers who have been major providers of
decent and quality employment to OFW and who have
significantly contributed to their development as well as
the protection and promotion of their well-being, as
follows:

a. SECRETARY AWARD OF COMMENDATION - The award

shall be conferred once every two (2) years by the
Secretary to principals/employers who, based on
safe, fair and ethical recruitment, have
continuously hired OFW during the past four (4)
years.

b. PRESIDENTIAL AWARD OF DISTINCTION - The award

shall be conferred once every six (6) years by the
President of the Philippines to principals/employers
who, based on safe, fair and ethical recruitment,
have continuously hired OFW during the past four (4)
years and has been a Ministerial Awardee for three
(3) consecutive times.

The principals/employers qualified for the awards shall be

evaluated based on criteria as may be set by the
Department.
SECTION 186. Incentives for Employer Awardees. The
recipients of employer awards shall be entitled to a
package of incentives as may be granted by the Department
through guidelines set for this purpose.

PART X
General and Miscellaneous Provisions
SECTION 187. Authority to Administer Oaths. The
Secretary, or any person authorized under existing laws,
shall have the authority to administer oaths and require
the attendance of witnesses or the production of any
book, paper, correspondence, memoranda and other
documents relevant or material to the case or inquiry.

59
The Secretary may authorize other DMW personnel to
administer oaths.

SECTION 188. Construction. These Rules shall be liberally

construed to carry out the objectives of the
Constitution, the Department of Migrant Workers Act, and
the laws pertaining to overseas employment, and to assist
the parties in obtaining just, expeditious and
inexpensive settlement of disputes.

AJJ doubts in the implementation or interpretation of

these Rules shaJJ be resolved jn favor of labor.

SECTION 189. Effectivity of Existing Policies, Rules and

Regulations. All existing policies, rules and regulations
of the POEA, DOLE and of the merged/subsumed agencies
shall continue to remain in full force and effect unless
and until expressly repealed or modified by subsequent
issuances of the Department Secretary after the

60
Department has been constituted in accordance with
the last paragraph of Section 23 of RA 11641.
SECTION 190. Application of provisions prior to the DMW
Rules. All actions, claims, or causes of action accruing
prior to the effectivity of the DMW Rules shall be
determined in accordance with the laws in force at the
time of their accrual. However, the imposition of
penalty, if any, shall be governed by these Rules,
whenever beneficial to the respondent.

SECTION 191. Amendments. Governing Board Resolutions or

any other issuance amending any part of these Rules shall
be deemed incorporated herein.

SECTION 192. Separability Clause. The provisions of these

Rules and Regulations are declared to be separable, and
if any provision or the application thereof is held
invalid or unconstitutional, the validity of the other
provisions shall not be affected.

SECTION 193. Repealing Clause. All policies, issuances,

rules and regulations inconsistent with these Rules are
hereby repealed or modified accordingly.

SECTION 194. Effectivity. These Rules shall take effect

fifteen (15) days from publication in a newspaper of
general circulation and from filing with the Office of
the National Administrative Registry of the University of
the Philippines Law Center.

Signed this 9th day of June 2023, at City of

Mandaluyong, Philippines.

MARIASUSANA
Secretary