Article 18Ban on Direct-Hiring

No employer may hire a Filipino worker for overseas employment except through the Boards and entities authorized by the monitoring the overseas employment of Filipino workers taking into consideration their welfare and the domestic manpower requirements; (c) Protect the rights of Filipino workers for overseas employment to fair and equitable recruitment and employment practices and ensure their welfare; (d) Exercise original and exclusive jurisdiction to hear and decide [all claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas employment including the disciplinary cases (Note: Sec. 10 of R.A. No.

8042, "Migrant Workers Act of 1995," transferred the original and exclusive jurisdiction to hear and decide money claims and cases involving overseas Filipino workers to the NLRC); and] all pre-employment cases which are administrative in character involving or arising out of violation or requirement laws, rules and regulations including money claims arising therefrom, or violation of the conditions for issuance of license or authority to recruit workers.

All prohibited recruitment activities and practices which are penal in character as enumerated and defined under and by virtue of existing laws, shall be prosecuted in the regular courts in close coordination with the appropriate Departments and agencies concerned; (e) Maintain a registry of skills for overseas placement; (f) Recruit and place workers to service the requirements for trained and competent Filipino workers by foreign governments and their instrumentalities and such other employers as public interest may require; (g) Promote the development of skills and careful selection of Filipino workers; (h) Undertake overseas market development activities for placement of Filipino workers; (i) Secure the best terms and conditions of employment of Filipino contract workers and ensure compliance therewith; (j) Promote and protect the well-being of Filipino workers overseas; (k) Develop and implement programs for the effective monitoring of returning contract workers, promoting their re-training and re-employment or their smooth re-integration into the mainstream of national economy in coordination with other government agencies [Note: This was modified by Sec. 17 of R.A.

No. 8042.]; (l) Institute a system for ensuring fair and speedy disposition of cases involving violation or recruitment rules and regulations as well as violation of terms and conditions of overseas employment; (m) Establish a system for speedy and efficient enforcement of decisions laid down through the exercise of its adjudicatory function [Note: Sec. 10 of R.A. No. 8042 clipped the POEA's quasi-judicial functions.]; (n) Establish and maintain close relationship and enter into joint projects with the Department of Foreign Affairs, Philippine Tourism Authority, Manila International Airport Authority, Department of Justice, Department of Budget and Management and other relevant government entities, in the pursuit of its objectives.

The Administration shall also establish and maintain joint projects with private organizations, domestic or foreign, in the furtherance of its objectives [Note: Paragraph (n) should be read together with the provisions of R.A. No. 8042. The functions previously exercised by Philippine Tourism Authority are now performed by the Tourism Infrastructure and Enterprise Zone Authority (TIEZA) pursuant to R.A.

No. 9593, "Tourism Act of 2009"]. 6 of 159 Secretary of Labor. Direct-hiring by members of the diplomatic corps, international organizations and such other employers as may be allowed by the Secretary of Labor is exempted from this provision.17