e. Layout/text of job vacancy ads/poster to be posted at the jobs fair

advertisement
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF LABOR AND EMPLOYMENT
MANILA
DEPARTMENT ORDER NO. __
Series of 2006
REVISED GUIDELINES FOR THE CONDUCT OF JOBS FAIR
BY PRIVATE ENTITIES, NON-GOVERNMENT ORGANIZATIONS
AND EDUCATIONAL INSTITUTIONS
In line with the government’s thrust to further improve the delivery of
frontline services and to ensure that Jobs Fairs conducted by private entities,
non-government organizations, and educational institution are in conformity with
the provisions of the Labor Code, as amended, and its Implementing Rules and
Regulation, the following guidelines are hereby issued:
Section 1.
Objectives –
General Objective
The Guidelines shall help to fast-track the delivery of employment
facilitation services to the poor, unemployed, new entrants to the labor
force, displaced and returning migrant workers throughout the country;
assist in the filling-up of vacancies of employers; and strengthen support
for anti-illegal recruitment campaign of the Department of Labor and
Employment.
Section 2.
Definition of Terms –
a. Educational Institution – refers to any private or public educational
institution existing under the laws of the Philippines.
b. Jobs Fair – refers to an employment facilitation strategy to fast track
the meeting of job seekers and employers, private employment
agencies, and registered job contractors and sub-contractors.
c. Jobs Fair Deployment Report – refer to the report on workers
deployed for employment abroad to be submitted by participating
private employment agencies to the POEA, copy furnished the
Regional Office and the PESO, not later than ninety (90) days after a
particular Jobs Fair.
d. Jobs Fair Placement Report – refers to the report on applicants hired
for local employment to be submitted by participating employers,
private recruitment and placement agencies and registered jobcontractors/sub-contractors to the Regional Office, copy furnished the
PESO, not later than one (1) month after a particular Jobs Fair.
1
e. Jobs Fair Terminal Report – refers to the report to be submitted to
the DOLE and/or POEA representatives, copy furnished the PESO, by
the participating entities, private recruitment and employment agencies,
and Job Contractors/Sub-Contractors before leaving the venue of the
Jobs Fair.
f. Job Order – refers to overseas job vacancies posted by accredited
employers approved by the Philippine Overseas Employment
Administration (POEA)
g. Job Vacancies – refer to existing job opportunities in enterprises or
employers and/or listed with licensed/authorized recruitment agencies,
and registered job contractors/sub-contractors.
h. Participating Entity – refers to employers, companies, licensed
recruitment and placement agencies for overseas employment,
registered contractors/subcontractors that is participating in the Jobs
Fair.
i.
Private Employment Agency (PEA) – refers to a recruitment and
placement agency for overseas employment duly licensed by the
POEA.
j.
PESO – refers to the Public Employment Service Office having
jurisdiction over the conduct of a Jobs Fair.
k. Regional Office – refers to the Regional Office of the Department of
Labor and Employment (DOLE) having jurisdiction over the conduct of
the Jobs Fair.
l.
Registered Contractor/Subcontractor – refers to job/service
contractor/subcontractor duly registered by the DOLE pursuant to
Department Order No. 18, s. 2002
m. Requesting Party – refers to the entity requesting to host or sponsor a
Jobs Fair.
Section 3.
Coverage –
These Guidelines shall apply to all Jobs Fairs to be conducted, that
is, initiated, hosted and sponsored by the National Government or Local
Government Units, and/or co-sponsored by Non-Government
Organizations and other private entities including educational institutions
and participated in by participating entities employers, and Private
Employment Agencies, or registered contractors/subcontractors.
2
Section 4.
Jobs Fair Conducted by the National and Local Government-
All job fairs, regardless of the host and sponsor, shall require notice
and coordination with the DOLE and POEA for proper document
verification, supervision and monitoring.
Jobs Fair initiated, hosted or co-sponsored by the National
Government and any of its branches and/or agencies and by any Local
Government Unit shall follow the same procedures prescribed in Section
5 hereof.
Except in overseas and joint jobs fair co-hosted by the DOLE and
POEA, all private employment agencies participating in job fairs shall be
required to secure Jobs Fair Authority from the POEA.
Section 5.
A.
Procedure in the Conduct of Jobs Fair –
Before the Actual Jobs Fair
1. Local Jobs Fair
1.1
Role/Responsibility of Requesting Party
a.
The Requesting Party shall file a request, in
writing, for the conduct of Jobs Fair with the Regional
Office, copy furnished the PESO, at least fifteen (15)
working days before the scheduled date of the Jobs Fair
enclosing therewith the list of employers and agencies
intending to participate in the Jobs Fair with the copies of
license, registration certificate and job orders/vacancies.
The request should indicate the propose date and venue
of the Jobs Fair.
b.
The DOLE Regional Director and/or his duly
authorized representative/s shall: (1) conduct an ocular
inspection of the venue of the proposed Jobs Fair; (2) verify
the job vacancies, job orders and licenses of the
participating employers and agencies; and (3) the Regional
Director shall evaluate and determine the merit of the
request and approve the same within five (5) working days
from receipt of the request. The PESO shall be copy
furnished of the approved request.
c.
Job vacancies and job orders must be matched
with the skills registry in the area. For this purpose, a
mandatory pre-screening activity is required in all jobs fair
at least one week before the jobs fair.
3
2. Overseas Jobs Fair
2.1. Jobs Fair hosts/sponsors must file their notice and
request for job fair facilitation with the POEA at least ONE (1)
MONTH prior to the scheduled date of activity, and attaching
thereto the following:
a.
Letter request for jobs fair facilitation stating
the date and venue of the activity and the desired
number of participating agencies. If host/sponsor opts
to invite agencies, it shall provide POEA with a list of
the invited agencies
b.
Manpower/skills profile of the locality where the
activity will be conducted that will serve as basis in the
selection agencies with corresponding job vacancies
to participate in the fair. For effective job fairs, skills
registry and job vacancy matching will be diligently
observed.
c.
Proof of notification to the concerned DOLE
Regional / District Office or the PESO.
d.
Copy of clearance from concerned DOLE
Regional/District Office, in the case of private entities
2.2. For purposes of document verification and evaluation,
and the issuance of Jobs Fair Authority (JFA), licensed
recruitment agencies invited or interested to participate in the
activity must file their request for job fair authority (JFA) at least
THREE DAYS prior to the scheduled activity, and must attach
the following:
a.
Letter request stating the date and venue of
activity, and authorized representatives with their
corresponding designations.
b.
Copy of the invitation from the job fair
host/sponsor, if invited.
c.
fair
Copy of DOLE clearance for the conduct of job
d.
Valid and existing job order to be used in the
job fair
4
e.
Layout/text of job vacancy ads/poster to be
posted at the jobs fair venue containing the following
information:
-
name of employer and jobsite
positions, with brief job descriptions
number of available positions to be filled
up
gender and age requirement of the job
other specific requirements, if any
f.
Notarized Affidavit of Undertaking assuming full
responsibility on the acts of the agency’s authorized
representative/s
g.
Letter of Acknowledgement (LOA) from the
Bureau
of
Immigration
for
FOREIGN
EMPLOYERS/PRINCIPALS participating in the job
fair
2.3
POEA shall issue Job Fair Authority (JFA) upon
agency’s full compliance with the above requirements,
provided that the requesting agency has not exceeded the
maximum period allowable for special recruitment activities,
which is ten (10) days in a month, Job Fair Authority shall
contain the following information;
a.
b.
c.
d.
e.
f.
g.
h.
Job Fair Authority (JFA) Number
Name of Agency
Date and Venue of the Job Fair
Agency’s Authorized Representative/s to the JF
Name of Accredited Foreign Employer/s
Validity Period
POEA Authorized signatory
Date issued
2.4
A Jobs Fair Authority is non-transferable and valid
only on the date and place stated therein.
B.
During the Jobs Fair
1. The DOLE through its Regional Offices, PESO and/or the POEA
through its Regional Extension Units shall undertake the
supervision and monitoring of local, overseas and joint jobs fair.
The representatives of the DOLE Regional Office/District and
the POEA Regional Extension Units shall supervise the
registration in all jobs fair.
2. In case of overseas or joint jobs fair, POEA shall provide in
advance copies of the Jobs Fair Authority issued to participating
5
agencies to the hosts/sponsors, the PESO, and POEA Regional
Extension Units.
3. Representatives of the DOLE or POEA must ensure that the
following shall be strictly observed, for an effective monitoring
and supervision, prior to the commencement of the jobs fair:
a. Original copies of the JFA must be presented.
b. Representative of participating agencies are its bonafide
employees and whose names are stated in the JFA.
Addition or substitution of agency representative/s for
whatever reason is STRICTLY NOT ALLOWED during job
fairs.
c. Participating agencies must be duly registered with the
DOLE or the Licensing and Regulation Office (LRO) of the
POEA.
d. For overseas or joint jobs fair, only job orders/vacancies
listed under the accredited foreign employer/s name in the
JFA may be posted within the job fair venue.
4. Jobs Fair Procedure must be posted in conspicuous places in
the venue.
C.
After the Jobs Fair
1. Before leaving the venue of the Jobs Fair, all participating
recruitment and employment agencies, and job contractors
/subcontractors or their duly authorized representative/s shall
submit Jobs Fair Terminal Report, using the prescribed form,
to the duly authorized representative of the DOLE and/or POEA
and copy furnished the PESO.
2. Within one (1) month after the Jobs Fair and every month
thereafter until such time that the final report is submitted, the
participating private recruitment and placement agencies,
companies, and job contractors/sub-contractors shall submit
Jobs Fair Placement Report, using the prescribed form, to the
DOLE and/or its Regional Office, and copy furnished the PESO.
3. Within ninety (90) days after the Jobs Fair and every month
thereafter until such time that the final report is submitted, the
participating private employment agencies shall submit Jobs
Fair Deployment Report, using the prescribed form, to the
POEA and/or its Regional Extension Units, and copy furnished
the PESO.
6
4. The Regional Office/Extension Units of the DOLE and POEA,
with the assistance of the PESO, shall consolidate all reports for
submission to the DOLE Secretary, copy furnished the Bureau
of Local Employment.
5. The official figure on the actual number of job fair applicant
registration shall be sourced from the centralized registration
center of the respective jobs fair. Source of data for actual
applicant referrals shall be the individual agency terminal
reports.
6. Failure to comply with this requirement shall be a ground for
disqualification from future job fair participation.
Section 6.
Requirements for participating employers and agencies –
a. All participating private employment agencies must have a valid
POEA License, Jobs Fair Authority, and valid and existing job
orders.
b. All participating job contractors/subcontractors
registered with the DOLE.
must
be
c. Representatives of participating agencies and employers must
have the authority to decide on the hiring of applicants.
d. Job contractors/sub-contractors participating in jobs fair must
have existing and valid job vacancies or approved job orders
which must be submitted to the DOLE and/or its Regional Office
and POEA and/or its Regional Extension Units, copy furnished
the PESO, at least ten (10) working days and one (1) month,
respectively, before the Jobs Fair.
e. All participating entities using the electronic medium in the
recruitment and/or placement of persons must be registered with
the DOLE.
Section 7.
Jobs Fair by Educational Institutions –
Educational institutions may conduct Jobs Fair/s,
provided that: (1) proper notice is given to the DOLE for the
conduct of said jobs fair ten (10) days prior to the event; (2) the
jobs fair is for the benefit of their student or new graduates of
said educational institution; (3) the jobs fair is to be conducted
within the educational institution’s premises; and (4)
participating entities and companies are hiring for their own staff
complement.
The DOLE Regional Office or PESO shall supervise, provide
technical assistance, and monitor the result of the jobs fair.
7
Should the Jobs Fair conducted by educational institutions
fails to conform with the provisions of this Section, all other
provisions of this Guideline shall apply.
Section 8.
Participating FeesIn Jobs Fairs initiated, hosted or co-sponsored by the
National and Local Government, said entities are not allowed to
collect a participating fee, but may solicit donations for the conduct
of the jobs fair.
Jobs Fair initiated or hosted by private entities, the
requesting party shall shoulder all the administrative costs in the
conduct of the jobs fair. The requesting party is allowed to collect a
participation fee from the participating entities. Participation fee
shall include, but is not limited to, the following expenses:
a.
b.
c.
d.
e.
f.
g.
Section 9.
Rentals,
Supplies,
Logistics,
Food,
Advertisement, Ads and Posters,
Communications, and
Transportation and Accommodation, if applicable.
Prohibitions –
a. No Jobs Fair by private entities or any non-government
organizations shall be conducted without the prior written
approval of the Regional Director.
b. No charges or fees whatsoever shall be collected from the job
seekers or applicants before, during or after the Jobs Fair.
c. Collection of placement fees from successful applicants and
service fees from principals shall be in accordance with the
existing Rules and Regulations Governing Private Recruitment
and Placement Agencies for Local Employment or the existing
POEA Rules and Regulations on collection of placement fees
for overseas employment.
d. No advertisement or press release should be made by the
organizer/s or host/s without the proper clearance from the
DOLE and/or its Regional Office and the POEA and/or its
Regional Office or Extension Units.
8
e. Manpower pooling during jobs fair, whether initiated by the
PESO or coordinated and/or co-sponsored by private entity with
the PESO, is strictly prohibited.
Section 10. Penalties –
Any violation of this Guideline involving recruitment
and placement for local employment shall be punishable in
accordance with Articles 39 and 288 of the Labor Code, as
amended. However, if the violation is related to recruitment and
placement for overseas employment, the pertinent provisions of
Republic Act No. 8042 entitled “Migrant Workers and Overseas
Act of 1995” and its Implementing Rules and Regulations or the
POEA Rules and Regulations shall apply,.
Any other violation of this Guideline shall disqualify
the participating entity or entities from participating in future job
fairs, without prejudice to the penalty imposed by law or
Department Order/s violated.
Section 11. Effectivity –
These Guidelines shall take effect fifteen (15) days after
its publication in two (2) newspapers of general circulation.
ARTURO D. BRION
Secretary
Manila, Philippines, ______ ____, 2006
9
Download