February 14, 2000

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 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. - It is a declared policy of the State to promote 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 provinces, cities, and municipalities a Public Employment Service Office, hereinafter referred to as ‘PESO’, which shall be operated and maintained by local government units (LGUs). 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 public employment service network.

The PESO shall be under the office of the governor, city or municipal mayor. The PESO shall be initially organized by and composed of a PESO manager and may be assisted by a labor and employment officer (LEO) as may be determined by the LGU.

Upon the request of accredited non-government organizations (NGOs) or educational institutions (Els), the DOLE may enter into a memorandum of agreement for the NGO and EI to establish, operate and maintain a PESO and a job placement office, respectively.

To harmonize the provision of employment services in a given territorial jurisdiction, the PESO at the NGOs and the job placement office in Els shall coordinate their activities with the appropriate LGU PESO. (as amended by RA No 10691)

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 between job seekers and employers by providing employment information services to job seekers, 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 counselling;

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

(d) Undertake employability enhancement trainings or seminars for job seekers, as well as those who would like to change career or enhance their employability;

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

(f) Conduct pre-employment counselling and orientation to prospective local and, most especially, overseas workers;

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

(h) Prepare and submit to the local sanggunian an annual employment plan and budget including other regular funding sources and budgetary support of the PESO; and

(i) Perform such functions as to fully carry out the objectives of this Act.

(as amended by RA No 10691)

Section 6. Other Services of the PESO. - In addition to the functions enumerated in the preceding section, every PESO shall undertake holistic strategies, programs and activities to transform the PESO into a modern public employment service intermediary that provides multidimensional employment facilitation services. (as amended by RA No 10691)

Section 7. Role of DOLE and the LGUs - The LGUs, in coordination with the DOLE, shall establish the PESO.

“It shall be the responsibility of the DOLE to:

(a) Provide technical supervision, coordination and capacity-building to the PESO;

(b) Establish and maintain a computerized human resource and job registries to facilitate the provision and packaging of employment assistance to PESO clients and the setting-up of intra- and inter­regional job clearance systems as part of the overall employment network;

(c) Provide technical assistance and allied support services to the PESO including, but not limited to, the training of PESO personnel in the various aspects of employment facilitation functions;

(d) Set standards for the establishment and operation of the PESO office, and qualification standards for the PESO personnel;

(e) Extend other packages of employment services to the LGU, NGO or EI concerned, including the conduct of job lairs, career development seminars, and other activities; and

(f) Monitor, assess, and evaluate the performance of the PESOs, including the job placement offices in Els.

For their part, persons who are seeking employment, particularly the unemployed, shall register at the PESO for employment facilitation assistance. The establishments, on the other hand, shall submit their job vacancies as well as applicants hired to the PESO to ensure the availability of accurate information on supply and demand for skills in the labor market.

The LGU shall establish a monitoring system wherein establishments operating in the locality shall report the following relevant labor market information to the concerned office of the LGU:

(1) Present number and nature of jobs; and

(2) Projection of jobs that the establishment will provide or offer in the next five (5) years.

The information shall be submitted to the PESO for job matching and to Els for career guidance of the students.

It shall be the responsibility of the concerned LGU to:

(i) Operate and maintain the PESO;

(ii) Ensure compliance with the operational standards set by the DOLE;

(iii) Extend such assistance and services as may be necessary in the promotion of employment within the area of jurisdiction; and

(iv) Submit to the DOLE periodic: performance and accomplishment reports.

(as amended by RA No 10691)

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 the Interior and Local Government and in consultation with the presidents of the various local government leagues, namely the League of Provinces, the League of Cities, the League of Municipalities and the League of Barangays, 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 funding for the operation and maintenance of the PESO shall be provided by the LGU from its internal revenue allotment and other internally generated income of the LGU concerned. Likewise, the operation and maintenance of the NGO PESOs and job placement offices of Els shall be charged against their internally generated income.

Funds for the provision of technical assistance, training and supervision of the PESO shall be included in the budget of the DOLE in the annual General Appropriations Act.

The amount necessary to implement the provisions of this Act shall be included by the Department of Budget and Management in the annual General Appropriations Act. (as amended by RA No 10691)

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: February 14, 2000