Please also indicate whether the State party envisages ratifying ILO Convention No.
181 (1997) concerning Private Employment Agencies
75. Along its commitment to pursue ethical recruitment principles, the State party initiated
the crafting of the “Commitment to Ethical Conduct and Best Recruitment Practices for
Land-based Agencies” and completed the draft “Code of Ethics for Manning Agencies.” The
land-based agencies have committed to, among others, assist and advise workers to enter
into overseas employment in the most cost-effective manner; not enter into any arrangement
with any entity that shall increase the burden to the workers; endeavour to eliminate
placement fees; and comply with recruitment regulations. The sea-based agencies committed
to represent seafarers in an ethical and professional manner and negotiate for the best terms
and conditions of employment. As of June 2012, 24 industry associations from the landbased and sea-based agency sectors signed the said codes of ethics.
76. The State party strengthened the licensing system of recruitment agencies by requiring
the attendance of officials and employees of said agencies to attend either the Pre-Licensing
Orientation Seminar (PLOS) or the Continuing Agency Education Program (CAEP) as
preconditions for issuance, upgrading and renewal of licenses.70
77. Participation of private recruitment agencies in the overseas employment programme
is regulated by the State party to ensure that the rights of OFWs are protected. Charging
excessive fees is a serious offense and is dealt with administratively and criminally. Philippine
private recruitment agencies are also jointly and severally liable with their foreign principals
to fulfil contractual obligations and claims of workers. OFW money claims are satisfied
from escrow accounts that the private recruitment agency open as part of the licensing
requirements.
78. The State party conducts regular inspection visits of licensed recruitment agencies to
determine their continued compliance with rules, regulations and applicable laws. Violation
of recruitment rules may result in either suspension or cancellation of agency license.
110 licenses of private recruitment agencies were cancelled in 2012-2013.
79. The State party is reviewing and consulting stakeholders on ILO Convention 181,
especially its implications on existing policies.
Article 67
25. Please describe the progress made by the State party in strengthening the
reintegration of returning migrant workers and members of their families, as
recommended in paragraph 44 (a)-(e) of the Committee’s previous concluding
observations. Please indicate if bilateral agreements facilitate the return and
reintegration of migrant workers and how the National Reintegration Centre for
Overseas Filipino Workers operates and coordinates its activities with other
relevant institutions to promote the return and reintegration of Filipino migrant
workers
80. The State party’s reintegration agenda facilitates the re-integration of returning OFWs
by offering tax incentives, access to government financial institutions and other benefits
that are usually offered to foreign investors. The agenda also helps OFWs achieve financial
stability through training, investment and savings programmes.
81. The State party established the National Reintegration Center for Overseas Filipino
Workers (NRCO) to develop and support programmes, projects and services on livelihood,
entrepreneurship, savings, investments, financial literacy including assistance to job
searching for returning Filipino migrant workers and their families. The NRCO has a PhP
2 billion (US$450,000) programme fund for OFWs and their families who plan to put up
70
A Pre-Licensing Orientation Seminar (PLOS) is required for owners, partners, presidents, CEOs, and branch
managers of private recruitment agencies. PLOS participants are introduced to the overseas employment
program, the licensing policies, pertinent rules and regulations governing overseas employment, responsibilities
or obligations of agencies, and measures to prevent illegal recruitment/TIP. A Continuing Agency Education
Program (CAEP) was institutionalized to further professionalize and improve the technical capabilities and moral
values of officers and staff of employment agencies.
96