POEA Governing Board Resolution No. 1 (1987)

(NAR) VOL. III NO. 1 / JANUARY - MARCH 1992

[ POEA GOVERNING BOARD RESOLUTION NO. 1, S. 1987, January 09, 1987 ]

Pursuant to the powers granted to it by law and in line with the new thrust of the POEA to enhance protection to workers, and in order for the penalties for violation of the law and the rules to have deterrent effect, the POEA Governing Board in a meeting duly called hereby approves and adopts the [following] Schedule of Penalties for violation of the rules and regulations of the POEA. Adopted: 9 Jan. 1987

(SGD.) FRANKLIN M. DRILON (SGD.) TOMAS D. ACHACOSO Chairman POEA Administrator Re-issued: 18 Feb. 1992

(SGD.) JOSE N. SARMIENTO Administrator REVISED SCHEDULE OF PENALTIES Imposed By the POEA For Offenses Committed By Licensed Employment Agencies/Manning Agencies and Contracting Companies NATURE OF OFFENSES PENALTY A. Offenses Against Workers 1. Collecting, charging, imposing Suspension of license for two (2) receiving or requiring directly months and until settlement of the or indirectly from workers any claims or fine equal to the amt. amount, fees, deposits, collected or received but not less guarantees, goods or services than P20,000.00, plus restitution of not authorized by the the amount collected or received in Administration or that which is both instances. greater than the authorized fees in consideration of overseas employment The act of collection from each complainant or worker constitutesone count of violation of Art. 32 or Art. 34 of the Labor Code or both, and the above penalty shall be imposed cumulatively provided that if the suspension period totals 12 months, the penalty of cancellation shall instead be imposed.

2. Recruitment or deployment of Suspension of license for two (2) workers under false documents months or fine of P20,000.00 or through false representation or the use of deceit or other The manner of application of illegal machination. Ex. Using penalty shall be the same as that fake WTEP, passports, airline under offense 1. tickets, accreditation, job orders, or causing the publication of false advertisement, making false statement as to availability of Jobs, substitution or altering employment contract duly approved by POEA, deploying workers to principals, projects or vessels other than for which they were processed, and other falsities or deceitful acts.

3. Withholding of travel and Suspension of license until return of employment documents of documents. workers for reasons not authorized by the Labor Code 4. Refusal or failure to deploy Suspension of license for two (2) workers without valid reasons months and until either; within the prescribed period. deployment of the workers or (b) return of his documents and refund of his expenses for documentation and placement fee or fine equal to the amount collected from the workers but not less than P20,000.00 plus refund of his documentation and placement fee expense.

5. Influencing or attempting to Suspension of license for six (6) influence any person or entity months or fine of P50.000.00. to prevent the employment of any worker or inducing a worker to transfer from or leave his employment to another unless such transfer is advantageous or beneficial to the worker 6. Withholding of workers’ Suspension of license for two (2) salaries or remittances without months or fine equal to the salaryjustifiable reasons. withheld but not less than P20,000.00 plus restitution of the amount withheld in both instances.

B. Offenses in Relation to Securing or the Use of Licenses 1. Act of misrepresentation or Cancellation of the license. giving false notice, information, statements, or documents In connection with securing a license or authority without which no license or authority could have been issued.

2. Allowing other persons or entitles to use the license or authority issued by the Minister.

a. When applicant workers suffer Suspension of license for six (6) damage by reason of the use by months or fine of P50,000.00. another of the license or authority b. When no damage is caused Suspension of license for two (2) directly On applicant worker. months or fine of P20,000.00.

3. Appointing or designating agents or representatives or operating outside of authorized office without prior approval of the POEA.

a. When applicant workers suffer Suspension of license for six (6) damage by reason of the use by months or fine of P50,000.00. another of the license or authority.

b. When no damage is caused Suspension of license for two (2) directly on applicant worker. months or fine of P20,000.00.

4. Failure to post or replenish cash Suspension of license until bond or to renew surety bond. compliance.

5. Other acts of misrepresentation Suspension of license for two (2) in connection with the renewal months or fine of P20,000.00. of a license or authority C. Offenses Against POEA Operational Procedures1. Obstructing or attempting to Suspension of license for two (2) obstruct inspection by the months or fine of P20,000.00. Minister or his duly authorized representative.

2. Recruiting or deploying workers in violation of the Suspension of license for two (2) POEA accreditation and months or fine of P20,000.00. processing procedure.

3. Failure to file report as required Suspension of documentary or may be required by POEA. processing until compliance.

4. Failure to conduct PDOs for Suspension of license for two (2) workers sent overseas. months or fine of P20,000.00.

5. Publishing or causing the Suspension of license for two (2) publication of overseas job months or fine of P20,000.00. vacancies in violation of the prescribed Rules.

6. Disregard of lawful orders, Suspension of documentary summons, or notices. processing until compliance.

D. Other Offenses 1. Engaging in recruitment and Suspension for six (6) months or placement of workers to jobs fine of P50,000.00. harmful to health, morality, dignity of the Republic of the Philippines. * Offenses or violation committed after the issuance of an Order or Decision carrying any of the foregoing penalties shall be penalized with cancellation of the license plus confiscation of the cash bond. * The penalty of cancellation shall likewise be imposed when the offender has been previously penalized with suspension, the total period of which is 12 months or more. * In cases where two or more violations or offenses are established, the penalties which the offenses carry shall be imposed cumulatively. Other offenses or violations not herein listed shall be penalized in accordance with the specific regulations or policy issuances which penalize them or other rules which the POEA may subsequently issue. * Offenses or violation which may be taken cognizance of the POEA in the exercise of adjudicatory function shall be penalized in accordance with the provision of the Labor Code or the rules which the POEA may promulgate. * All rules inconsistent herewith are deemed amended or repealed.* These rules shall take thirty (30) days after publication in a newspaper of general circulation.