IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 8759, OTHERWISE KNOWN AS THE PUBLIC EMPLOYMENT SERVICE ACT OF 1999

These Implementing Rules and Regulations are hereby issued pursuant
to the authority of the Secretary of Labor and Employment under Section 8
of Republic Act No. 8759. These rules are issued upon prior
coordination with the Secretary of the Department of Interior and Local
Government and consultation with the Presidents of the leagues of
provinces, cities, municipalities and barangays.

RULE I
Preliminary Provisions

SECTION 1.       Title . — These Rules shall be
known and cited as the Implementing Rules and Regulations of the Public
Employment Service Office Act of 1999. It shall be referred to herein as
the Rules.

SECTION 2.       Coverage . — These Rules shall cover all existing and accredited Public Employment Service Offices.

SECTION 3.       Definition of Terms . — The terms used in these Rules shall mean the following:

a.         National Facilitation Service Network (NFSN) or National Employment Service Network (NESN)
refers to the Department of Labor and Employment (DOLE), its Regional
Offices, attached agencies and Public Employment Service Offices (
PESOs) established at the local levels to provide integrated,
collaborative and systematic delivery of employment services to clients.

b.         Department or DOLE refers to the Department of Labor and Employment.

c.         Public Employment Service Office or PESO
refers to a non-fee charging multi-employment service facility or
entity established, recognized or accredited pursuant to these Rules.

d.         Key cities refer to all cities which
are industrialized, centers of trade, commerce and economic activities,
and where employment opportunities exist or are accessible.

e.         Strategic areas refer to industrial
centers, economic zones, agriculture and fisheries development zones,
eco-tourism, growth areas and other areas where government intervention
is needed to develop human resources in order for them to compete in
open employment and self employment.

f.          Client refers to jobseekers, employers, researchers, planners, policy makers and other persons who seek the services of the PESO.

g.         Labor Market Information (LMI) refers
to any information concerning the size, composition, functions, problems
or opportunities of the labor market or any part thereof, including but
not limited to employment-related intentions or aspirations of labor
market clients.

h.         Regional Coordinating Council or RCC refers to DOLE Regional Office and the offices of the DOLE attached agencies in the Regions.

RULE II
Policies and Objectives

SECTION 1.       Declaration of Policy . — The
State shall promote full employment and equality of employment
opportunities for all. It shall institutionalize the NFSN or NESN, as
well as strengthen and expand the existing employment facilitation
service machinery of the government through the PESOs.

The State shall likewise professionalize the employment service.
Toward this end, all PESO personnel who are appointed, designated or
accredited pursuant to Republic Act No. 8759 and these Rules shall,
subject to the needs of the service, have security of tenure and be
assured of stability of employment.

SECTION 2.       Objectives of the Public Employment Service Office. — The PESO shall ensure prompt, timely and efficient delivery of employment services. Toward this end, it shall:

a.         Provide a venue where clients could avail simultaneously
various employment services such as LMI, referrals, training,
self-employment, entrepreneurial, reintegration and other services;

b.         Serve as referral and information center for the DOLE
and other government agencies by making available data and information
on their respective programs;

c.         Provide clients with adequate information on employment and the labor market situation; and

d.         Establish linkages with other PESOs for job exchange and other employment related services.

The PESO shall also provide information on other DOLE programs.

RULE III
Functions and Services

SECTION 1.       Main Functions of the PESO. — The
PESO shall operate within its area of jurisdiction in coordination with
other concerned agencies, but in every case subject to the requirements
of the NFSN or NESN.

a.         The PESO shall provide LMI services. For this purpose, it shall:

i)       Market and promote each services, through all forms of media, to all its labor market clients;

ii)      Regularly obtain a list of job vacancies from employers;

iii)     Generate and maintain an updated registry of skills;

iv)      Gather, collate and process data or information on
employment trends, particularly labor supply and demand, and disseminate
such data or information to labor market clients; and

v)       Provide information on licensed or authorized recruitment agencies or recruiters for local and overseas employment.

b.         The PESO shall provide referral and placement services for
local and overseas as well as private and civil service employment. In
accordance with existing policies, rules and regulations, it shall:

i)     Undertake active sourcing of vacancies;

ii)    Evaluate the qualifications of jobseekers in relation to wage employment options;

iii)   Refer jobseekers for appropriate employment assistance and monitor the result of such referrals;

iv)   Institute measures to ensure that recruitment and placement
services, both for local and overseas, are in accordance with existing
laws, rules and regulations.

c.         The PESO shall provide training and vocational guidance and employment counselling services. It shall:

i)     Conduct pre-employment counselling, including values
development and enhancement of work ethics, to prospective local and
most especially to overseas jobseekers;

ii)    Administer and evaluate psychological tests or examinations;

iii)   Undertake employability enhancement trainings or seminars
for jobseekers as well as those intending to change careers or enhance
their employability; and

iv)   Conduct orientation and training to prospective local and
overseas jobseekers regarding rules and regulations on anti-illegal
recruitment.

d.         The PESO shall provide self-employment services. It shall:

i)     Maintain and provide updated directory of government and
non-government institutions with existing livelihood programs, including
the directory of lending institutions;

ii)    Determine client’s potentials for entrepreneurial undertakings

iii)   Refer clients for appropriate self-employment or livelihood assistance and monitor the results of such referrals; and

iv)   In coordination with DOLE Regional Coordinating Council (DOLE-RCC), undertake livelihood and self-employment programs.

e.         In coordination with the DOLE-RCC, the PESO shall provide
reintegration assistance services to reintegration assistance services
to returning overseas Filipino workers ( OFWs). It shall:

i)     Provide a mechanism for the reintegration of OFWs;

ii)    Determine or obtain information on returning OFWs and provide periodic information of job opportunities;

iii)   Undertake other appropriate programs to promote the welfare
of OFWs and assist in gathering or tapping the skills and potentials of
the returning OFWs; and

iv)   Undertake re-integration programs and projects that maybe developed by DOLE’s Replacement and Monitoring Center (RPMC).

f.          The PESO shall likewise perform other functions analogous
to the above including programs or activities developed by the DOLE to
enhance provision of employment assistance to clients, particularly for
special groups of disadvantaged workers such as persons with
disabilities ( PWDs) and displaced workers.

SECTION 2.       Other Services of the PESO . — Where appropriate, the PESO shall likewise provide the following employment services:

a.         Initiate and organize jobs fairs, provided that jobs
fairs conducted by private entities or educational institutions shall be
supervised and monitored by the PESO pursuant to DOLE guidelines;

b.         Initiate and organize livelihood and self-employment
bazaars, in coordination with government and non-government institutions
undertaking livelihood and self-employment programs;

c.         Facilitate credit access to qualified overseas workers, subject to existing rules and regulations;

d.         Endeavour to reach out to qualified poor but deserving
students and out-of-school-youth to pursue their education by
facilitating their employment pursuant to Republic Act No. 7323,
otherwise known as Special Program for Employment of Students (SPES) and
its implementing rules and regulations. The PESO shall likewise
encourage qualified employers to participate in the program;

e.         Coordinate and promote the adoption of Work Appreciation
Program (WAP) and other enrolled youth work programs pursuant to
Executive Order No. 139 through Kabataan 2000 under the Office of the
President as implemented by the DOLE and other agencies; and

f.          Monitor the implementation of government-funded
infrastructure projects to provide recruitment assistance to contractors
for their skilled and unskilled human resource requirement pursuant to
Republic Act No. 6685, otherwise known as Workers Hiring in
Infrastructure Projects (WHIP).

RULE IV
Administration of the NFSN or NESN

SECTION 1.       Administration Framework . — The
general framework for the administration of the NFSN or NESN shall
emanate from the Central Office, through the Bureau of Local Employment
(BLE). Consistent with this general framework, each Regional Office
shall exercise administrative and technical supervision over every PESO
within its area of jurisdiction.

SECTION 2.       Role of DOLE Central Office . — The Central Office shall:

a.         Provide policy directions and prescribe standards on employment services;

b.         Develop and maintain a computerised job matching
facility accessible to all PESOs nationwide and the Philippine Overseas
Labor Offices ( POLOs) and a computerised national registry of skills,
employment and business opportunities for easy access of its clients.
For this purpose, the Phil- JobNet shall serve as the basic LMI system
which shall be continuously enhanced and upgraded;

c.         Develop and maintain performance-based and
gender-responsive indicators to assess and evaluate the effectiveness of
the NFSN and the PESOs;

d.         Develop and maintain training curricula on all aspects of employment service, including gender awareness;

e.         Establish and maintain training facilities for employment service providers; and

f.          Develop and maintain a Manual of Operations for the effective implementation of the employment service program.

SECTION 3.       Role of DOLE Regional Offices. —
The DOLE Regional Offices, through the Regional Directors and the
DOLE-RCC, shall oversee the activities of the PESO network within their
areas of jurisdiction. For this purpose, the Regional Directors shall:

a.         Exercise administrative and technical supervision over the PESOs;

b.         Prepare and submit budgetary requirements to the Central Office;

c.         Recommend the requirements for human resources,
equipment and other necessary resources to the Central Office for the
effective management and administration of the PESO;

d.         Develop, administer and manage area-based or region-specific employment projects for PESO’s implementation;

e.         Maintain a computerised regional registry of skills as
well as employment and business opportunities for easy access of its
clients; and

f.          Monitor and evaluate the performance of the PESOs.

RULE V
Establishment of the PESO

SECTION 1.       Establishment of the PESO. — The
PESO shall be established by the DOLE pursuant to Section 3, or upon the
request of a particular entity pursuant to Section 7 of this PESO Act.

SECTION 2.       Procedures for the Establishment of PESO
. — Pursuant to Section 3 of the Act, the DOLE shall establish, operate
and maintain PESOs in capital towns of provinces, key cities, and other
strategic areas. Accordingly, the DOLE shall:

a.         Provide the necessary budgetary allocation, office space, human resource complement, equipment and supplies;

b.         In consultation with the LGU concerned, appoint PESO
personnel subject to civil service rules and the accreditation
requirements in these rules;

c.         Provide administrative and technical assistance and allied support services; and

d.         Provide regular training to PESO personnel in the various aspects of employment service.

Upon the request of an LGUs, NGOs, CBOs and SUCs which does not have
an existing PESO, the DOLE may likewise establish a PESO pursuant to
Section 7 of the Act. Within fifteen (15) days from receipt of the
request, the DOLE shall:

a.         Evaluate the employment services and facilities needed
by the clients to enable the particular PESO to efficiently discharge
its functions;

b.         Evaluate and accredit the personnel in accordance with the accreditation process provided in these Rules; and

c.         Forge a Memorandum of Agreement (MOA) with the
requesting party, identifying their respective roles, duties and
responsibilities in the establishment, maintenance and operation of the
PESO.

RULE VI
Accreditation of PESOs and Incumbent Personnel

SECTION 1.       Scope of Accreditation . — All
PESOs constituted, established, organized, or in existence pursuant to a
MOA between the DOLE and LGUs, NGOs, CBOs, SUCs as well as those
institutionalized pursuant to legislative actions of local government
units prior to the effectivity of the Act, may be accredited by the
DOLE. Accreditation of existing PESOs shall be in areas of employment
services provided to clients, office and facilities, as well as human
resources.

SECTION 2.       Accreditation of Services . — In
the accreditation of the services provided to clients, including office
and support facilities, the following procedures shall be followed:

a.         Thirty (30) days after the effectivity of these Rules,
all existing PESOs shall submit the inventory of the employment services
it renders to clients as well as its equipment and facilities to the
Regional Office.

b.         The Regional Office shall evaluate the documents and
conduct ocular inspection to ensure that the particular PESO is capable
of discharging the functions of a PESO as enumerated in the Act and in
these Rules.

SECTION 3.       Accreditation of Personnel . — In the accreditation of PESO personnel, the following procedures shall be followed:

a.         Thirty (30) days after the effectivity of these Rules,
the PESOs shall submit the roster of its personnel and their
qualifications to the appropriate DOLE Regional Office.

b.         The Regional Office shall evaluate the qualification of
the said PESO personnel based on the minimum criteria prescribed in
these Rules.

SECTION 4.       Minimum Criteria for Accreditation of PESO Personnel . — The following shall be the minimum criteria for accreditation of PESO personnel:

a.         They should meet the minimum qualification standards set
by the DOLE and Civil Service rules on education, training, relevant
experience or expertise and applicable eligibility;

b.         They should pass the medical, physical, psychological
examinations administered by competent or authorized persons or
institutions;

c.         They should pass both oral and written examinations to be administered by the DOLE;

d.         In case of LGUs and SUCs, they should occupy regular or permanent plantilla items.

SECTION 5.       Effect of Accreditation . —
Accredited personnel shall not be replaced without due process and
without prior authority of the DOLE. Upon the accreditation of the
PESO’s employment services and personnel, the DOLE shall fore a new MOA
with the concerned PESO identifying the respective roles, duties and
responsibilities of the parties in the maintenance and operation of the
PESO.

RULE VII
Duties and Responsibilities of Participating Agencies and Institutions

SECTION 1.       Duties and Responsibilities of Participating Agencies and Institutions.—
The LGUs, NGOs, CBOs and SUCs participating in the implementation of
the PESO Act shall have the following duties and responsibilities:

a.         Assist the DOLE in the promoting employment programs within their respective areas of jurisdiction or operation;

b.         Provide necessary employment related expertise such as
but not limited to labor and employment researches; psychological test
administration; human resource development and other resources,
including budgetary allocation as stipulated in the MOA;

c.         Promptly submit to the DOLE Regional Office regular monitoring and performance reports; and

d.         Perform other functions as may be stipulated in the MOA or as necessary in furtherance of the objectives of the Act.

RULE VIII
Funding

SECTION 1.       Funding of the PESO. — The amount
necessary for the initial implementation of the Act shall be charged
against the existing appropriation of the DOLE and its other operating
agencies. Thereafter, the amounts needed for the full implementation
shall be included in the budget of the DOLE through the General
Appropriations Act.

RULE IX
Transitory and Final Provisions

SECTION 1.       Transitory Provision . — Pending
appropriation through the General Appropriations Act, personal services
and other expenses funded by LGU appropriations shall be maintained in
accordance with the existing MOA with DOLE.

The existing MOA between the DOLE and the concerned SUCs, NGOs and
CBOs shall remain in full force and effect until a new MOA consistent
with the Act and theses Rules shall have been signed between and among
the parties concerned.

SECTION 2.       Separability Clause . — If any
provision of these Rules is held invalid or unconstitutional, any other
provision not so affected shall continue to be valid and effective.

SECTION 3.       Effectivity . — This Rules shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Adopted: 30 Aug. 2000

(SGD.) BIENVENIDO E. LAGUESMA
Secretary