Republic Act No. 8759 (Public Employment Service Office Act of 1999)

REPUBLIC ACT NO. 8759

AN ACT INSTITUTIONALIZING A NATIONAL FACILITATION SERVICE NETWORK THROUGH THE ESTABLISHMENT OF A PUBLIC EMPLOYMENT SERVICE OFFICE IN EVERY PROVINCE, KEY CITY, AND OTHER STRATEGIC AREAS THROUGHOUT THE COUNTRY. BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE PHILIPPINES IN

Congress assembled:

Section 1. Title. – This Act shall be known as the “Public Employment Service Office Act of 1999″.

Section 2. Declaration of Policy. – The state to provide full employment and equality of employment opportunities for all, and for this purpose, to strengthen and expand the existing employment facilitation service machinery of the government particularly at the local levels.

Section 3. Establishment of the Public Employment Service Office. – To carry out the above-declared policy, there shall be established in all capital towns of provinces, key cities, and other strategic areas a Public Employment Service Office, Hereinafter referred to as “PESO”, which shall be community-based and maintained largely by local government units (LGUs) and a number of non-governmental organizations (NGOs) or community-based organizations (CBOs) and state universities and colleges (SUCs). The PESOs shall be linked to the regional offices of the Department of Labor and Employment (DOLE) for coordination and technical supervision, and to the DOLE central office, to constitute the national employment service network.

I. OBJECTIVES

Section 4. Objectives of the PESO. – In general, the PESO shall ensure the prompt, timely and efficient delivery of employment service and provision of information on the other DOLE programs. Specifically, the PESO shall:

(a) Provide a venue where people could explore simultaneously various employment options and actually seek assistance they prefer;

(b) Serve as referral and information center for the various services and programs of DOLE and other government agencies present in the area;

(c) Provide clients with adequate information on employment and labor

market situation in the area; and

(d) Network with other PESOs within the region on employment for job exchange purposes.

Section 5. Functions of the PESO. – The PESO shall have the following functions:

(a) Encourage employers to submit to the PESO on a regular basis a list of job vacancies in their respective establishments in order to facilitate the exchange of labor market information services to job seekers and employers by providing employment services to job seeker, both for local and overseas employment, and recruitment assistance to employers;

(b) Develop and administer testing and evaluation instruments for effective job selection, training and counseling;

(c) Provide persons with entrepreneurship qualities access to the various livelihood and self-employment programs offered by both government and non-governmental organizations at the provincial/city/municipal/barangay levels by undertaking referrals for such programs;

(d) Undertake employability enhancement trainings/seminar for jobseekers as well as those would like to change career or enhance their employability. This function is presently supervised by TESDA and conducted by other training;

(e) Provide employment and occupational counseling, career guidance, mass motivation and values development activities;

(f) Conduct pre-employment counseling and orientation to prospective local and overseas workers;

(g) Provide reintegration assistance services to returning Filipino migrant workers: and

(h) Perform such functions as willfully carry out the objectives of this Act.

Section 6. Other Services of the PESO. – In addition to the functions enumerated in the preceding section, every PESO shall also undertake the following programs and activities:

(a) Jobs Fairs – these shall be conducted periodically all over the country to bring together in one venue job seekers and employers for immediate matching;

(b) Livelihood and Self-employment Bazaars – these will give clients information on the array of livelihood programs they choose to avail of, particularly in the rural areas;

(c) Special Credit Assistance for Placed Overseas Workers – this type of assistance will enable poor but qualified applicants to avail of opportunities for overseas employment;

(d) Special Program for Employment of Students and Out-of-School Youth (SPESOS) – this program shall endeavor to provide employment to deserving students and out-of-school youths and out-of-school youths coming from poor families during summer and/or Christmas vacations as provided for under Republic Act No. 7323 and its implementing rules, to enable them to pursue their education;

(e) Work Appreciation Program (WAP) – this program aims to develop the values of work appreciation and ethics by exposing the young to actual work situations;

(f) Workers Hiring for Infrastructure Projects (WHIP) – this program is in pursuance of Republic Act No. 6685 which requires construction companies, including the Department of Public Works and Highways and contractor for government-funded infrastructure projects, to hire thirty percent (30%) of skilled and fifty percent (50%) of unskilled labor requirements from the areas where the project is constructed/located; and

(g) Other programs/activities developed by DOLE to enhance provision of employment assistance to PESO clients, particularly for special groups of disadvantaged workers such as persons with disabilities (PWDs) and displaced workers.

Section 7. Role of DOLE and LGUs, NGOs, CBOs and SUCs. – Upon the request of the LGUs, NGOs, CBOs, SUCs which do not have existing PESOs, the establishment, operation and maintenance of PESOs shall be undertaken by the DOLE. The DOLE shall enter into memoranda of agreements with the concerned LGUs, NGOs, CBOs, SUCs for the establishment, operation and maintenance of PESOs in their respective areas of jurisdiction and the institutionalization of existing PESOs. It shall be the responsibility of the DOLE to:

a)Establish and maintain a computerized national manpower registry of skills and employment and business opportunities to facilitate the provision and packaging of employment assistance to PESO clients and the setting-up of infra- and inter-regional job clearance systems as part of the overall employment network;

b)Provide office space, equipment and/or supplies, as well as necessary personnel complement to manage, operate and maintain the PESO;

c)Designate in consultation with the LGU, NGO, CBO or SUC concerned, a qualified project manager and/or key personnel who shall be responsible for the operation and management of the PESO;

d)Provide technical assistance and allied support services to the PESO;

e)Train PESO personnel in the various aspects of employment facilitation functions;

f)Extend/facilitate such other package of employment services to the provision of employment assistance to clients of the LGU, NGO, CBO or SUC concerned, including the conduct of jobs fairs, and other activities; and

g)Undertake monitor, assess, and evaluate the PESO program implementation

For their part the LGUs, NGOs, CBOs or SUCs shall extend the following assistance to the PESO in the promotion of employment within their respective areas of jurisdiction:

Section 8. Administration of the PESO Program. – The DOLE shall be primarily responsible for the administration of the PESO Program through its Bureau of Local Employment as well as its regional offices throughout the country. The Secretary of Labor and Employment, in coordination with the Department of Interior and Local Government and in consultation with the presidents of the various local government leagues, namely the League of Provinces, the Leagues of Cities, the League of Municipalities, and the League of Barangay, shall accordingly promulgate, within ninety (90) days from the effectivity of this Act, the necessary rules and regulations for the effective implementation of the Program.

Section 9. Funding. – The amount necessary for the initial implementation of this Act shall be charged against the existing appropriation of the DOLE and its other operating agencies. Thereafter, the amount needed for the full implementation of this Act shall be included in the budget of the DOLE in the succeeding General Appropriation Act.

Section 10. Repealing Clause. – All laws, decrees, executive orders, rules and regulations or any part thereof which are inconsistent herewith are hereby deemed repealed or modified accordingly.

Section 11. Separability Clause. – If for any reason, any section or provision of this Act or any part thereof, or the application of such section, provision or portion is declared invalid or unconstitutional, the remainder thereof shall not be affected by such declaration.

Section 12. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

(Sgd.) BLAS OPLE President of the Senate

(Sgd.) MANUEL B. VILLAR JR. Speaker of the House of Representatives

This act is a consolidation of House Bill No. 7127 and Senate Bill No. 468, was finally passed by the House of Representatives and the Senate on December 16, 1999, and December 15, 1999, respectively

(Sgd.) HEZEL P. GACUTAN Secretary of the Senate

(SGD.) ROBERTO P. NAZARENO Secretary General House Of Representatives