POEA Memorandum Order No. 2-A (1983)

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

[ POEA MEMORANDUM ORDER NO. 2-A S. 1983, January 14, 1983 ]

REGULATING PRIVATE SECTOR PARTICIPATION IN RECRUITMENT AND OVERSEAS PLACEMENT

Pursuant to the power vested by Executive Order 797 to the Philippine Overseas Employment Administration to regulate private sector participation in the recruitment and overseas placement offenses committed by licensed employment agencies, shipping/manning agencies and contracting companies, to take effect on 15 January 1983, is hereby promulgated.

NATURE OF OFFENSE PENALTY

First Offense Subsequent Offense 1. Charging or collecting an Suspension of Cancellation of amount not authorized by documentary license or POEA but not to exceed processing authority P50,000.00 until case is settled but in no case less than two (2) months, plus fine equivalent to the amount collected.

2. Charging or collecting an Suspension of Cancellation of amount not authorized or license or license or in excess of that authorized authority until authority by POEA when the amount case is settled collected exceeds but in no case P50,000.00 but not less than six P200,000.00 (6) months, plus fine equivalent to the amount collected.

3. Charging or collecting an Suspension of Cancellation of amount not authorized by license or license or POEA when the amount authority until authority collected exceeds case is settled P200,000.00 but in no case lower than one (1) year plus fine equivalentto the amount collected 4. Deploying workers without Suspension of Cancellation of their contracts being authority or authority or approved by POEA. license for six license (6) months.

5. Processing of passport and Suspension of Cancellation of travel documents of license or authority or workers not covered by authority for license. approved employment six (6) months, contracts. in addition to confiscation of passports and refund of payments of workers.

6. Participating in the false Suspension of Cancellation of documentation of workers, authority or authority or i.e. fake passports, fake or license for a license stolen airline tickets, fake period of six J.O., etc. (6) months, in addition, refund of expenses of workers, confiscation of passports of workers.

7. Allowing other persons or Suspension of Cancellation of entities to use license or authority authority or authority by POEA. license for six license.

(6) months.

8. Operating outside of Suspension of Cancellation of authorized office without authority or authority or authority by POEA. license for license. three (3) months.

9. Withholding of travel Suspension for Cancellation of documents of workers for six (6) months. authority or reasons not authorized by license. the Labor Code and its Implementing Rules. 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.When two or more of the above listed are proven to have been committed all the penalties which the offenses carry, shall be imposed cumulatively. Offenses or violations which may be taken cognizance by the POEA in the exercise of adjudicatory function shall be penalized in accordance with the provisions of the Labor Code or the rules which the Administration may prescribe. Adopted: 14 Jan. 1983

(SGD.) CRESENCIO M. SIDDAYAO Officer-in-Charge Re-issued: 18 Feb. 1992

(SGD.) JOSE N. SARMIENTO Administrator