“Guidelines on PESO Accreditation”.

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Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT
Intramuros, Manila
DEPARTMENT ORDER NO. ___
Series of 2006
GUIDELINES ON PESO ACCREDITATION
Pursuant to the provisions of Republic Act No. 8759, otherwise known as the Public
Employment Service Office (PESO) Act of 1999, and Rule VI of Department Order No. 07,
series of 2001 otherwise known as the Implementing Rules and Regulations of the PESO Act
of 1999, and in order to effect a standard procedure for the accreditation of Public
Employment Service Offices and its personnel, the following guidelines are hereby
promulgated:
RULE I
TITLE
These Rules shall be known and cited as the “Guidelines on PESO Accreditation”.
RULE II
COVERAGE
This Department Order covers all PESOs constituted, established, organized, or in
existence pursuant to a Memorandum of Agreement (MOA) between the Department of
Labor and Employment (DOLE) and Local Government Units (LGUs), Non Government
Organizations (NGOs), Community Based Organization (CBOs), Universities and Colleges
as well as those institutionalised by virtue of legislative actions of local government units.
Subject for accreditation shall be key PESO personnel involved in the conduct of specific
core functions of the PESO, and the Office, which includes the services provided to its
clients, and its facilities.
RULE III
DEFINITION OF TERMS
The terms used in these Rules shall mean the following:
a. Accreditation refers to the granting of authority by DOLE to a Public
Employment Service Office and its personnel to operate after it has met the
specific requirements for such purpose.
b. Bureau or BLE refers to the Bureau of Local Employment.
c. Client refers to jobseekers, employers, researchers, planners, policy makers or
other persons who seek the services of the PESO.
d. Core PESO Function refers to the basic activities that a PESO undertakes for a
minimum of 8 hours a day 5 days a week. These are: Provision of Labor Market
Information; Employment Guidance and Counselling; and Referral and
Placement.
e. Department or DOLE refers to the Department of Labor and Employment.
f. Employment Guidance and Counselling refers to the mechanism used by
employment service to determine whether the jobseeker is capable or fit for
employment, whether wage- or self-employment, and assist him/her find a
suitable job.
g. Employment Service refers to a time tested mechanism of assisting jobseekers in
their search for jobs and employers in their search for workers.
h. Labor Market Information (LMI) refers to any information concerning the size,
composition, functions, problems or opportunities of the labor market or any part
thereof, including but not limited to employment-related intentions or aspirations
of labor market clients.
i. Other Employment Programs refers to employment programs which the PESO
may implement other than the core function, such as the Special Program for the
Employment of Students (SPES), Tulong Alalay sa Taong May Kapansanan
(TULAY), Jobs/Livelihood Fair, Kasanayan at Hanapbuhay (KasH), Workers
Hiring for Infrastructure Project (WHIP), training program for jobseekers, labor
dispute prevention and settlement, etc.
j. Placement refers to the referral that results to actual work engagement.
k. Public Employment Service Office or PESO refers to a non-fee charging multiemployment service facility or entity established, recognized or accredited
pursuant to the provisions of R.A 8759.
l. Referral refers to an act of submitting or referring an applicant to an employer
with a view of engagement, or to an institution for training or self- employment.
m. Regional Office refers to the DOLE Regional Office and its field offices.
n. Registration refers to the act of interviewing and recording relevant details of an
applicant for employment and/or training.
o. Secretary refers to the Secretary of Labor and Employment.
p. Self Employment Assistance refers to the process of referring applicants to
entities where self-employment opportunities, including funding assistance are
available.
q. Wage Employment Assistance refers to the process of referring applicants as a
wage or salaried worker either for private/government/overseas employment.
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RULE IV
PESO ACCREDITATION COMMITTEE
Section 1.
Screening Committee for PESO Accreditation. – Upon the effectivity
of this Order, DOLE Regional Offices shall, within fifteen (15) working days, constitute their
respective PESO Accreditation Committee. The said Committee shall be chaired by the
DOLE Regional Director with members coming from the unit handling the PESO Program in
the Regional Office, the DOLE Provincial/District Officer having jurisdiction over the PESO,
and the representative from Regional PESO Federation.
The PESO Accreditation Screening Committee shall have the following functions:
1.1 Receive application for accreditation.
Only application with complete
documentary requirements shall be deemed received.
1.2 Evaluate the application and validate claims as cited in the application.
1.3 Conduct mandatory site visit and record observations on the operations of
applicants.
1.4 Give appropriate examinations to applicant PESO personnel, check and record
their results.
1.5 Recommend to the Secretary, through the Bureau, action to be taken on the
application.
1.6 Inform applicants concerned on the status of their application.
Section 2.
Review and Endorsement – The Bureau shall review all
recommendations from DOLE Regional Offices for accreditation of PESOs and PESO
personnel within fifteen (15) working days upon receipt of complete documents and
endorse the same for approval or disapproval by the Secretary. The review shall cover
evaluation of documents and requirements submitted for accreditation as listed in Rule 5 of
these Guidelines. Site revalidation may also be undertaken if necessary.
RULE V
PROCEDURES FOR ACCREDITATION
Section 1.
Filing of Application. – Thirty (30) calendar days after the issuance of
this Order, the Regional Offices shall start accepting applications for accreditation.
Applications shall be filed by PESOs and their staff to the Regional Office, which has
jurisdiction over the PESO. A set of standard forms (see annex A & B) shall be used for
this purpose and the same shall be made available in all Regional Offices throughout the
country.
Section 2.
Classification of PESO Office according to service provided. A PESO
shall be classified according to its core functions and services, as follows:
CLASS A PESO provides the three (3) core PESO functions, i.e., (1)
Labor Market Information, which includes skills and jobs registry, (2)
Employment Guidance and Counseling, and (3) Referral and Placement using
traditional and automated job matching service utilizing the Phil-Jobnet. In
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addition, the PESO implements more than three (3) other employment
programs of the Department.
CLASS B PESO provides the three (3) core PESO functions but this
class includes PESOs without online facility but with offline Phil-Jobnet
Facility. In addition, the PESO implements at least two (2) other employment
programs of the Department.
CLASS C PESO provides two (2) of the PESO core functions and
implements at least one (1) other employment programs of the Department.
CLASS D PESO provides one (1) of the PESO core functions and
implements at least one (1) of other employment program of the Department.
CLASS E PESO implements at least one (1) employment program of
the Department.
Applicant PESOs, which do not fall in any of the above classifications shall not be
eligible for accreditation.
A PESO wishing to be re-classified to a higher level should submit an application for
re-classification and shall undergo the same standard evaluation procedures. A PESO may
be downgraded as a result of annual assessment conducted by the Regional PESO
Accreditation Committee, following due process.
Section 3.
Evaluation Criteria. – The Committee, within ten (10) working days
upon receipt, shall evaluate the application according to the following categories:
3.1.
For Evaluation of Office
3.1.1
Class A Office:
1.a
Applicant PESO must have a permanent and full time PESO
Manager (or equivalent position to at least Division Chief) and at
least six (6) permanent and full time personnel to act as: LMI
Officer (2), Placement Officer (2), and Employment Guidance
Counsellor (1), who are duly accredited by DOLE, as well as,
Administrative Assistant (1) who shall manage the PESO’s PhilJobNet requirements.
1.b. The office must be located at the center of economic activity in the
area where the PESO operates and is accessible to its clients in the
locality.
1.c The office must be capable of accommodating sufficient number of
clients comfortably with sufficient ventilation and lighting.
1.d The office must have the following furniture and equipment
necessary for the conduct of its daily activities:
d.1.
Tables and chairs for personnel and writing table for
applicants and other clients;
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d.2.
d.3.
Computer with Internet connection and printer;
Telephone/fax or other form of communication equipment;
and
d.4.
Filing Cabinets.
1.e The Office must have a regular annual budget allocation for its
operation and maintenance.
1.f The Office conforms with the appropriate PESO Classification as
enumerated in Rule V, Section 2 of this Order.
3.1.2 Class B Office:
2.a
2.b.
2.c
2.d
2.e
2.f
3.1.3
Applicant PESO must have a permanent and full time PESO
Manager (or equivalent position to at least Assistant Division Chief)
and at least four (4) permanent personnel to act as: LMI Officer (1),
Placement Officer (1), and Employment Guidance Counsellor (1),
who are duly accredited by DOLE, as well as, Administrative
Assistant (1) who shall manage the PESO’s Phil-JobNet
requirements.
The office must be located at the center of economic activity in the
area where the PESO operates and is accessible to its clients in the
locality.
The office must be capable of accommodating sufficient number of
clients comfortably with sufficient ventilation and lighting.
The office must have the following furniture and equipment
necessary for the conduct of its daily activities:
d.1.
Tables and chairs for personnel and writing table for
applicants and other clients;
d.2.
Computer and printer;
d.3.
Telephone/fax or other form of communication equipment;
and
d.4.
Filing Cabinets.
The Office must have a regular annual budget allocation for its
operation and maintenance.
The Office conforms with the appropriate PESO Classification as
enumerated in Rule V, Section 2 of this Order.
Class C Office:
3.a
Applicant PESO must have a permanent or designated PESO
Manager (or equivalent position to at least Section Chief or Senior
Officer) and two (2) permanent or designated personnel to act as:
LMI Officer (1), Placement Officer (1), or Employment Guidance
Counsellor (1).
3.b. The office must be located at the center of economic activity in the
area where the PESO operates and is accessible to its clients in the
locality.
3.c The office must be capable of accommodating sufficient number of
clients comfortably with sufficient ventilation and lighting.
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3.d
3.e
3.f
3.1.4
The office must have the following furniture and equipment
necessary for the conduct of its daily activities:
d.1.
Tables and chairs for personnel and writing table for
applicants and other clients;
d.2.
Computer and printer;
d.3.
Telephone/fax or other form of communication equipment;
and
d.4.
Filing Cabinets.
The Office must have a budget allocation for its operation and
maintenance.
The Office conforms with the appropriate PESO Classification as
enumerated in Rule V, Section 2 of this Order.
Class D Office:
4.a
Applicant PESO must have a permanent or designated PESO
Manager (or equivalent position to at least LEO III) and one (1)
permanent or designated personnel to act as: LMI Officer (1),
Placement Officer (1), or Employment Guidance Counsellor (1).
4.b. The office must be located at the center of economic activity in the
area where the PESO operates and is accessible to its clients in the
locality.
4.c The office must be capable of accommodating sufficient number of
clients comfortably with sufficient ventilation and lighting.
4.d The office must have the following furniture and equipment
necessary for the conduct of its daily activities:
d.1.
Tables and chairs for personnel and writing table for
applicants and other clients;
d.2.
Computer and printer;
d.3.
Telephone/fax or other form of communication equipment;
and
d.4.
Filing Cabinets.
4.e The Office conforms with the appropriate PESO Classification as
enumerated in Rule V, Section 2 of this Order.
3.1.5
Class E Office
5.a
Applicant PESO must have one (1) permanent or designated PESO
Manager to implement the employment program.
5.b. The office must be located at the center of economic activity in the
area where the PESO operates and is accessible to its clients in the
locality.
5.c The office must have adequate space to accommodate clients.
5.d The PESO personnel must have the furniture and equipment
necessary to perform his/her duties.
5.e The Office conforms with the appropriate PESO Classification as
enumerated in Rule V, Section 2 of this Order.
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3.2
For Evaluation of Personnel
3.2.1 Accreditation of Key PESO Personnel – Accreditation shall be
limited to the following key PESO Personnel:
1.a
1.b
1.c
1.d
PESO Manager
Labor Market Information Officer
Placement Officer
Employment Guidance Counselor
3.2.2 General Criteria for Accreditation of PESO Personnel - The
following shall be the general criteria for accreditation of PESO
personnel:
2.a
2.b
2.c
2.d
2.e
They should meet the minimum qualification standards set by
the DOLE and Civil Service rules on education, training,
relevant experience or expertise and applicable eligibility;
They should pass the medical, physical, psychological
examinations administered by competent or authorised
persons or institutions;
They should occupy regular plantilla positions;
They should pass both oral and written examinations to be
administered by the DOLE; and
Their applications must be endorsed by respective heads of
office or organization with certification that applicant has no
pending case.
3.2.3 Responsibilities of Key PESO Personnel – PESO personnel must
perform the following responsibilities:
3.a PESO Manager
- Manage all technical and administrative activities of the
office
- Provide consultative and advisory services to higher level
authorities in arriving at substantive decisions relating to
employment services and other employment-related
concerns
- Review and recommend policies, rules and systems on
matters relating to provision of employment services
- Monitor the implementation of programs and projects
- Establish and strengthen linkages with other organizations
for the effective and efficient delivery of services
- Represent the office in meetings and conferences
3.b Labor Market Information Officer
- Market and promote each services, through all forms of
media, to all its labor market clients
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-
-
-
Undertake active sourcing of vacancies by encouraging
employers to submit to PESO on a regular basis a list of
job vacancies in their company
Generate and maintain an updated registry of skills
Gather, collate and process data or information on
employment trends, particularly labor supply and demand,
and disseminate such data or information to labor market
clients
Provide information on licensed or authorized recruitment
agencies or recruiters for local and overseas employment
3.c Placement Officer
-
Evaluate the qualifications of jobseekers in relation to the
different employment options.
Provide referral to jobseekers who match qualification
requirements of vacancies posted by employers.
Provide persons with entrepreneurship qualities access to
the various livelihood and self-employment programs
Provide referral for jobseekers to training institutions
Monitor the result of each referral
Institute measures to ensure that recruitment and placement
services both for local and overseas, are in accordance with
existing laws, rules and regulations
3.d Employment Guidance Counselor
-
-
-
Conduct pre-employment counseling, including values
development and enhancement of work ethics, to
prospective local and overseas jobseekers based on the
current labor market situations.
Identify occupationally set and not set applicants and
provide appropriate assistance to them
Administer and/or evaluate psychological tests or
examinations if capable
Undertake employability enhancement trainings or
seminars for jobseekers as well as those intending to change
careers or enhance their employability
Conduct orientation and training to prospective local and
overseas jobseekers regarding rules and regulations on
recruitment and placement
Section 4.
Issuance of Certificate of Accreditation. The Secretary of Labor and
Employment shall be the sole authority to grant accreditation to the PESO and PESO
Personnel. The Certificate of Accreditation shall be valid from the date of issue unless
sooner revoked or reclassified by the Secretary.
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Section 5.
Limitations on the Validity of Accreditation of PESO Personnel –
PESO personnel shall be accredited to one PESO Office at a time. In case of resignation or
termination, accreditation shall be automatically cancelled and said personnel shall cease
and desist from performing employment service functions until a re- accreditation has been
secured. In case of transfer from one PESO to another, previously accredited personnel
shall request for re-accreditation from the Regional Office having jurisdication over the
PESO.
Section 6.
Forging of Memorandum of Agreement (MOA) – The DOLE and
concerned LGUs, CBOs, UCs, NGOs shall forge a Memorandum of Agreement identifying
the respective roles, duties and responsibilities of the Parties. For existing PESOs, the MOA
between the DOLE and concerned LGUs, CBOs, UCs, NGOs shall remain in full force and
effect unless a supplemental or new MOA consistent with these Rules shall have been signed
between and among the Parties concerned.
RULE VI
DOCUMENTARY REQUIREMENTS
Section 1.
1.
2.
3.
4.
Section 2.
1.
2.
3.
The following are the requirements for the accreditation of the PESO
Memorandum of Agreement (MOA);
Certification of past accomplishments and activities from Regional
Office. For newly established PESOs, certification from the Regional
Office that the PESO is newly established;
List of personnel and their profile; and
All documentary requirements necessary for evaluation as mentioned
in Rule V of this Order.
The following are the requirements for re-accreditation of personnel
Appointment Paper
Clearance from the previous PESO Office
Previously issued Certificate of Accreditation
RULE VII
EFFECTS OF ACCREDITATION
Section 1.
Effects of Accreditation to the PESO Office. Accredited PESOs shall
have the authority to exercise all the functions of a Public Employment Service Office as
stated in R.A. 8759 and are entitled to technical assistance, allied support, and incentives
from the Department.
Section 2.
Effects of Accreditation to PESO Personnel. Accredited
shall not be replaced without due process.
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personnel
RULE VIII
EFFECTS OF NON-ACCREDITATION
All PESOs that failed to secure accreditation shall immediately cease its operation
upon receipt of due notice from the DOLE. The continued operation of a non-accredited
PESO shall constitute illegal recruitment. Regional Offices are tasked to strictly monitor and
enforce this Rule.
RULE IX
GROUNDS AND EFFECT
OF REVOCATION OF ACCREDITATION
Any of the following acts, omissions or offenses shall be sufficient ground for the
revocation of accreditation:
PESO
a. Making any false declaration or committing fraud or any act of
misrepresentation for the purpose of obtaining a certificate of accreditation;
b. Failure to comply with the stipulations in the MOA;
c. Allowing or permitting the office and its facilities to be used for illegal
recruitment;
d. Violation of or non-compliance with any of the provisions of PESO Act and
its IRR and related laws and rules on recruitment and placement of persons
whether for local or overseas employment;
e. Failure to comply with the standards set by the Department regarding PESO
operation and its attendant tools, systems and procedures; and
f. Termination of the MOA by either party.
PESO PERSONNEL
a. Making any false declaration or committing fraud or any act of
misrepresentation for purpose of obtaining a certificate of accreditation;
b. Committing illegal recruitment and other acts in violation of the Code of
Ethics of Public Servants; and
c. Unsatisfactory performance of personnel for two (2) consecutive semesters.
In case of alleged violation as mentioned above, investigations shall be done within
fifteen (15) working days by the Fact Finding Committee to be created by the Regional
Director. The Regional Director shall, within five (5) working days after completion of
investigation, recommend to the Secretary through the Bureau, the appropriate action to be
taken.
Revocation of Accreditation of PESO personnel shall not affect the accreditation of
the PESO Office; provided that for class A PESO, replacement of accredited personnel
should be undertaken within one year. Revocation of the Accreditation of the PESO Office
shall mean cessation of its operation and revocation of accreditation of its personnel.
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RULE X
APPEALS
Concerned PESO or PESO personnel may file an appeal to the Secretary within ten
(10) calendar days upon receipt of Notice of Disapproval or Revocation of Accreditation. An
appeal filed beyond the prescriptive period shall not be entertained.
RULE XI
TRANSITORY PROVISIONS
Upon effectivity of these Guidelines, all existing PESOs must secure accreditation
within the period of one (1) year. PESO personnel may secure accreditation anytime.
Pending action of DOLE on the application for accreditation, the PESO may continue to
exercise their respective functions free from any legal sanctions prescribed in these
Guidelines.
XII
MISCELLANEOUS PROVISIONS
Section 1.
Separability Clause. If any provision of these Rules is held invalid or
unconstitutional, any other provision not so affected shall continue to be valid and effective.
Section 2.
Repealing Clause.
All guidelines, rules and regulations and
agreements inconsistent herewith are hereby repealed or modified accordingly.
Section 3.
Effectivity.
These Guidelines shall take effect fifteen (15) days after
its publication in two (2) newspapers of general circulation.
Manila, Philippines ___ _________ 2006
PATRICIA A. STO. TOMAS
Secretary
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