POEA Memorandum Circular No. 9 (1985)

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

[ POEA MEMORANDUM CIRCULAR NO. 9 S. 1985, April 13, 1985 ]

SCHEDULE OF PENALTIES IMPOSED BY THE POEA FOR OFFENSES COMMITTED BY LICENSED EMPLOYMENT AGENCIES/MANNING AGENCIES AND CONTRACTING COMPANIES

The new schedule of penalties imposed by the POEA for offenses committed by Licensed Employment Agencies, Shipping/Manning Agencies and Contracting Companies pursuant to the Administration's power to regulate private sector participation in the recruitment and overseas placement of workers is hereby promulgated.

NATURE OF OFFENSES PENALTY

A. Offenses Against Workers 1. Collecting, charging, imposing or Suspension of license for one receiving any amount, fees or (1) one month and until bonds not authorized by the settlement of the claims or fine Administration or that which is equal to the amount collected greater than the authorized fees or received but not less than from workers or requiring them to P10,000.00 plus restitution of render services, in consideration of the amount collected or overseas employment. received in both instances.

2. Recruitment or deployment of Suspension of license for two workers under false documents or (2) months or fine of thru false representation or the use P10,000.00 of deceit or other illegal machination. Ex. using fake WTEP, passports, airline 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 and deceitful acts.

3. Withholding of workers salaries or Suspension of license for two remittances without justifiable (2) months or fine equal to the reason. salary withheld but not lessthan P10,000.00 plus restitution of the amount withheld in both instances. The violation or offense against every complainant or worker under #1, 2 and 3 constitutes one count of violation and the above penalties shall be imposed cumulatively provided that if the suspension period exceeds 24 months, the penalty of cancellation shall instead be imposed.

4. Withholding of travel and Suspension of license until Employment documents of workers return of document. for reasons not authorized by the Labor Code.

5. Refusal or failure to deploy workers Suspension of license for two without valid reasons within the (2) months and until either: (a) prescribed period. deployment of the worker 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 worker but not less than P10,000.00 plus refund of his documentation and placement fee expenses.

6. Influencing or attempting to Suspension of license for six influence any person or entity to (6) months or fine of prevent the employment of any P50,000.00. worker.

B. OFFENSES IN RELATION TO SECURING OR THE USE OF LICENSE.

1. Act of misrepresentation or giving Cancellation of the license. 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 entities Suspension of license for six to use the license or authority (6) months or fine of issued by the Minister. P50,000.00.3. Appointing or designating agents or Suspension of license for six representatives or operating outside (6) months or fine of of authorized office without prior P50,000.00. approval of the POEA.

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 NATURE OF OFFENSES in connection with securing a for two (2) months or fine of license or authority or the renewal P10,000.00 thereof.

C. OFFENSES AGAINST POEA OPERATIONAL PROCEDURES

1. Obstructing or attempting to Suspension of license for two obstruct inspection by the Minister (2) months or fine of or his duly authorized P10,000.00 representative.

2. Recruiting of deploying workers in Suspension of license for two violation of the POEA accreditation (2 months or fine of and processing procedures. P10,000.00) 3. Failure to file report as required or Suspension of documentary may be required by POEA. processing until compliance.

4. Failure to conduct PDOS for Suspension of license for two workers sent overseas. (2) months or fine of P10,000.00 5. Disregard of lawful orders, Suspension of documentary summons or notices. processing until compliance.

D. OTHER OFFENSES

1. Engaging in recruitment and Suspension of license for six placement of workers to jobs (6) months or fine of harmful to health, morality, dignity P50,000.00 of Republic of the Philippines. Offenses or violation of similar nature 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 and surety bond. 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 by 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 issuances of the Administration on penalties inconsistent or contrary to the provisions of this Circular are hereby repealed or modified accordingly. This Circular shall take effect 13 April 1985. Adopted: 13 Apr. 1985 (SGD). PATRICIA A. STO. TOMAS Administrator Re-issued: 18 Feb. 1992 (SGD). JOSE N. SARMIENTO Administrator