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. 2 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 3 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; 4 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. 5 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. 6 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 7 - - - 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. 8 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. 9 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. 10 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 11