Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

House Bit No,_82?

Introduced by Representative Emmeline Y. Aglipay, DIWA Party-list

EXPLANATORY NOTE

The promotion of employment is one of the key functions of government, and the Public
Sector Employment Office (PESO) plays an important role in stimulating employment in the
country, particularly amongst the youth. As a result, it is necessary to reevaluate the PESO
governing law, in order to improve the efficiency and the financial viability of the Offices, and
ensure that they perform their functions in an efficient and harmonious manner.

This bill, in the spirit of House Bill no. 4602 of the 15th Congress, seeks to make those
necessary changes to Republic Act no. 8759 by defining the establishment of PESOs in cities and
municipalities and ensuring their proper operation and maintenance through the LGUs. The
LGUs are in the best position to tailor-fit and adjust the services being offered by the PESO to
the public in order that they may be more effective in providing employment to the unemployed
within their jurisdiction. All these effort must still be done in coordination with the DOLE
Regional Offices and under the umbrella of supervision of the DOLE Central Office.

‘These amendments are necessary in order to ensure proper and more efficient delivery of
services by the PESO.

EMMELINE Y. AGLIPAY

Representative, DIWA Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

827
HOUSE BILL NO.

Introduced by Representative Emmeline Y. Aglipay, DIWA Party-list

AN ACT DEFINING THE ROLE OF THE DEPARTMENT OF LABOR AND
EMPLOYMENT (DOLE) AND THE LOCAL GOVERNMENT UNITS (LGUs) ON THE.
ESTABLISHMENT AND OPERATION OF THE PUBLIC EMPLOYMENT SERVICE
OFFICE (PESO), AND THE OPERATION OF JOB PLACEMENT OFFICE IN SUCs
AND NGOs, AMENDING FOR TIE PURPOSE SECTIONS 3, 6, 7 AND 9 OF
REPUBLIC ACT No. 8759, OTHERWISE KNOWN AS THE PUBLIC F.MPLOYMENT
SERVICE OFFICE ACT OF 1999

Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in
Congress assembled:

SECTION 1. - Section 3 of R.A. No. 8759, otherwise known as the “Public Service
Employment Office Act of 1999,” is hereby amended to read as follows:

"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]
MUNICIPALITIES, a Public Employment Service Office, hereinafter referred to
as “PESO”, which shall be [community-based and] OPERATED AND
maintained [largely] by local government units (LGUs). [and a number of non-
governmental organizations (NGOs) and state universities and colleges (SUCs)].
‘The PESO 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.

UPON THE REQUEST OF THE NGO OR SUC, THE DOLE MAY
ENTER INTO A MEMORANDUM OF AGREEMENT FOR THE NGO/SUC
TO ESTABLISH, OPERATE, AND MAINTAIN, A JOB PLACEMENT
OFFICE.

TO HARMONIZE THE EMPLOYMENT SERVICES IN A GIVEN
TERRITORIAL JURISDICTION, THE JOB PLACEMENT OFFICES AT


THE NGOs AND SUCs SHALL COORDINATE THEIR ACTIVITIES WITH
THE NEAREST PESO.

SECTION 2. - Section 6 of the same law is hereby amended to read as follows:
"SECTION 6. Other Services of the PESO.

"In addition to the functions enumerated in the preceding section, every

PESO shall [also] undertake [the following] STRATEGIES, programs and

activities [:| TO ENSURE EMPLOYMENT SERVICES ARE EFFECTIVE
AND EFFICIE!

[(@) 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 wide array of livelihood programs they choose to avail of,
particularly in the rural area;]

{(©) Special Credit Assistance for Placed Overseas Workers - This type of
assistance will enable poor but qualified applicants to avail of opportunities for
overseas employment;]

[(@) 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 coming from poor families during summer and
/or Christmas vacations as provided for under R.A. 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;]

[( Workers Hiring for Infrastructure Projects (WHIP) - This program is in
pursuance of R.A. No. 6685 which requires construction companies, including the
Department of Public Works and Highways 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 3. - Section 7 of the same law is hereby amended to read as follows:

"SECTION 7. Role of DOLE [,] and LGU[s, 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,] THE DOLE AND THE LGUs SHALL
JOINTLY ESTABLISH THE PESO.

It shall be the responsibility of the DOLE to:

(a) | PROVIDE TECHNICAL SUPERVISION. COORDINATION
AND CAPACITY-BUILDING TO THE PESO;

(6) Establish and maintain [a] computerized [national manpower
registry] HUMAN RESOUCE AND JOB REGISTRIES [of skills and
employment and business opportunities) to facilitate the provision and packaging
of employment assistance to PESO clients and [the setting up of] TO SET UP
intra- and inter-regional job clearance systemS as part of the overall employment
service network;

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

[(© Designate in consultation with the LGU, NGO, CBO or SUC
concemed, a qualified [project manager and/or key personnel who shall be
responsible for the operation and management of the PESO;]

[(@\(©) Provide technical assistance and allied support services to the
PESO[;], INCLUDING, BUT NOT LIMITED TO, TRAINING OF PESO
PERSONNEL IN THE VARIOUS ASPECTS OF EMPLOYMENT
FACILITATION FUNCTIONS;

[©] (@) [Train PESO personnel in the various aspects of employment
facilitation functions] SET STANDARDS FOR THE ESTABLISHMENT AND
OPERATION OF THE PESO OFFICE, AND QUALIFICATION
STANDARDS FOR THE PESO PERSONNEL;

[(] (© Extend [/facilitate such] other packages of employment services [to
the provisions of employment assistance] to [clients of] the LGU, NGO, or SUC
concerned, including the conduct of job fairs, CAREER ADVISE, ETC. [and
other activities); and

et


[@] @) [Undertake] M[mlonitor, assess, and evaluate the
PERFORMANCE OF THE PESO NETWORK, INCLUDING THE JOB
PLACEMENT OFFICES AT THE SUC AND NGO [the PESO program
implementation).

(For their part the LGUs. NGOs, CBOs or SUCs shall extend the following
assistance and services as may be necessary in the promotion of employment
within their respective areas of jurisdiction.) 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.

IT SHALL BE THE RESPONSIBILITY OF THE CONCERNED LGU
TO:

(A) OPERATE AND MAINTAIN THE PESO;

(B) ENSURE COMPLIANCE WITH THE OPERATIONAL
STANDARD SET BY THE DOLE;

(C) EXTEND SUCH ASSISTANCE AND SERVICES AS
MAY BE NECESSARY IN THE PROMOTION OF EMPLOYMENT
WITHIN THE AREA OF JURISDICTION: AND

(@) SUBMIT TO THE DOLE PERIODIC
PERFORMANCE/ACCOMPLISIIMENT REPORTS.”

SECTION 4. - Section 9 of the same law shall be amended to read as follows:

"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 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 Appropriations Act.]

THE ANNUAL BUDGETARY REQUIREMENT OF THE PESO
SHALL BE INCLUDED IN THE ANNUAL BUDGETARY
APPROPRATION OF THE LGU. THE SUC AND NGO SHALL PROVIDE
THE RESOURCES FOR THE OPERATION OF THEIR JOB PLACEMENT
OFFICES.

FUNDS FOR THE PROVISION OF TECHNICAL ASSISTANCE,
TRAINING AND SUPERVISION OF THE PESO SHALL BE INCLUDED
IN THE BUDGET OF THE DOLE IN THE GENERAL APPROPRIATIONS.
ACT,


SECTION 5. 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 6. Separability Clause. - If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.

SECTION 7. Repealing Clause. - All laws, executive orders, presidential decrees,
presidential proclamations, rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or at least two (2) national newspapers of general circulation.

Approved.