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