Amendments to R.A. No. 8759 (Roles of DOLE, LGUs and NGOs in the Operation of Public Employment Service Office and Job Placement Offices in Educational Institutions)

October 26, 2015

REPUBLIC ACT NO. 10691

AN ACT DEFINING THE ROLE OF THE DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE), THE LOCAL GOVERNMENT UNITS (LGUs), AND ACCREDITED NONGOVERNMENT ORGANIZATIONS (NGOs) IN THE ESTABLISHMENT AND OPERATION OF THE PUBLIC EMPLOYMENT SERVICE OFFICE (PESO), AND THE OPERATION OF JOB PLACEMENT OFFICES IN EDUCATIONAL INSTITUTIONS (EIs), AMENDING FOR THE PURPOSE SECTIONS 3, 5, 6, 7 AND 9 OF REPUBLIC ACT NO. 8759, OTHERWISE KNOWN AS THE "PUBLIC EMPLOYMENT SERVICE OFFICE ACT OF 1999"

SECTION 1. Section 3 of the Republic Act No. 8759, otherwise known as the "Public Employment Service Office Act of 1999", is hereby amended to read as follows:

"SEC 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 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 nongovernment organizations (NGOs) or educational institutions (EIs), 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 EIs shall coordinate their activities with the appropriate LGU PESO."

SECTION 2. Section 5 of the same law is hereby amended to read as follows:

"SEC. 5. Functions of the PESO. — The PESO shall have the following functions: CAIHTE

"(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 counseling;

"(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 counseling, 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."

SECTION 3. Section 6 of the same law is hereby amended to read as follows:

"SEC. 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 multi-dimensional employment facilitation service."

SECTION 4. Section 7 of the same law is hereby amended to read as follows:

"SEC. 7. Role of the 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 inter-regional 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 fairs, career development seminars, and other activities; and

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

"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 EIs 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."

SECTION 5. Section 9 of the same law is hereby amended to read as follows:

"SEC. 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 EIs shall be charged against their internally generated income. DETACa

"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."

SECTION 6. Implementing Rules and Regulations. — The Secretary of Labor and Employment shall issue the necessary rules and regulations for the effective implementation of this Act within ninety (90) days after its effectivity.

SECTION 7. 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 8. Repealing Clause. — All laws, decrees, executive orders, proclamations, rules and regulations or any part thereof, which are inconsistent with the provisions of this Act, are hereby deemed repealed or modified accordingly.

SECTION 9. Effectivity. — This Act shall take effect after fifteen (15) days from the date of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved: October 26, 2015.

Published in The Philippine Star on October 29, 2015.