Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘THIRTEENTH CONGRESS
First Regular Session
HBNo._347

Introduced by Rep. Roreller L. Barinaga

EXPLANATORY NOTE

This proposed measure seeks to prohibit the practice of recruitment and placement agencies to
blacklist “undesirable”. OFWs by the use of any means, mechanism or list that will prevent or
eter them from further gaining productive employment abroad.

Through the years, unfair’ practices by recruitment and placement agencies have become
Fampant. More too often, they arbitrarily accuse job applicants of undesirable behaviors while at
work Without proving their arbitrary contentions, these arrogance by recruitment and placement
agencies often led to denying employment opportunities to many who might have been victims
of gross abuse of authority on the part of recruitment and placement agencies. The common
complaints of OFW-applicants, especially on the seafarers sector, is that recruitment and
placement agencies do not usually like their epplicants-emplayees to be complaining or
expressing their dissatisfaction or grievances in regard to their salaries, remittances, benefits,
work conditions and other Isbor-related issues. Accordingly, any expression of grievance against
employment agencies is often interpreted as conduct unbecoming and, therefore, undesirable in
the service.

Apparently, the process of blacklisting in the labor export industry, especially among the
seafarers, through whatever mode it may be done, is a transgression and is; therefore, violative of
similar yet separate provisions of the 1987 Constitution and the Labor Code.

Article 3, Chapter 1 on the Declaration of basic policy of the Labor Code of the Philippines
specifically stipulates that: .

“The State shall afford protection to labor, promote full employment, ensure
equal work opportunities regardless of sex, race or creed, and regulate the
relations between the workers and employers. ‘The State shall assure the rights of
workers to self-organization, collective bargaining, security of tenure, and just
and humane conditions of work.”

‘This bill, therefore, pursues to penalize any recruitment and placement agency that requires, as a
condition of employment or reemployment or a continuation thereof, that an OFW to refrain


from lodging any protest, complaint or any other similar mode of expressing one’s grievance,
dissatisfaction and the like, or to stipulate expressly or tacitly that the act of lodging any protest,
complaint or any other similar mode of expressing one’s grievance, dissatisfaction and the like
would constitute one’s blacklisting.

Further, the measure also prohibits any recruitment and placement agency to prevent or deter
OFWs from gaining productive employment, whether for employment or reemployment, by any
means or mechanism or list posted or circulated by any recruitment and placement agency,
whether the posting or circulation is done within the office perimeter or outside or in other
offices, with the purpose of disseminating, or announcing, or giving notice, memorandum or any
information so as to discourage other recruitment and placement service or agency from hiring
and/or employing = particular OFW and/or to effect a prevention or deterrence against one’s
employment, or reemployment, or continuing employment. The causing of any negative
marking or sign or any other similar information in the passport or any other official document of
seafarers so as to warn or caution or discourage other recruitment and placement agency from
hiring and/or employing « perticuler OFW and/or to effect a prevention o deterrence against
one’s employment, or reemployment, or continuing employment likewise is prohibited and
stiffer penalties await for those violate any of the provisions of this Act.

Itis, thespfore, in this light that immediate passage of this bill is earnestly sought.



‘THIRTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES.
HBNo._347
Introduced by Rep. Roseller L. Barluaga

AN ACT
TO PROHIBIT THE PRACTICE OF BLACKLISTING BY RECRUITMENT AND
PLACEMENT SERVICES THROUGH THE USE OF ANY MEANS, MECHANISMS OR
LISTS WHICH INTEND TO SPECIFICALLY PREVENT OR DETER OVERSEAS
FILIPINO WORKERS (OFWs) FROM GAINING PRODUCTIVE EMPLOYMENT,
PROVIDING FOR STIFFER PENALTIES THEREOF AND FOR OTHER PURPOSES

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

SECTION 1. Title. This act shall be known as the “Anti-Blacklisting in Overseas Job
Applications Act”

SEC. 2, Declaration of Policy. It is hereby declared the policy of the State to afford full
protection to labor, local and overseas, organized and unorganized, and promote full employment
and equality of employment opportunities for all. The State shall assure the rights of workers to
self-organization, collective bargaining, security of tenure, and just and humane conditions of
work.

SEC. 3. Definition of Terms. For purposes of this Act, the following terms sre defined as
follow:

(a) Blacttisting refers to the practice of recruitment and placement services or agencies to
directly or indirectly prevent or deter particular Overseas Filipino Workers (OFWs) from gaining
productive employment, whether the job applicant is for the employment or reemployment;

(b) Recruitment and Placement Service refers to eny person, company or institution,
agency or other organization, in public or the private sector, which is based in, registered and
recognized as such under Philippine laws, and which is engaged in recruiting overseas Filipino
workers, whether land-, sea-, or air-based, on behalf of employers or placing such OFW
applicants with employers abroad;


(©) Filipino Overseas Job Applicants refer to any Filipino individual who applies for any
productive employment abroad, whether in land-based, air-based or sea-based jobs, through any
recruitment and placement service or agency operating under Philippine jurisdiction.

SEC. 4. Stipulation against protest, complaints and other similar modes of expressing
grievances. It shall be unlawful for any recruitment and placement service or agency to require
‘as a condition of employment or reemployment or a continuation thereof that un OFW to refrain
from lodging any protest, complaint or any other similar mode of expressing one’s grievarice,
dissatisfaction and the like, or to stipulate expressly or tacitly that the act of lodging any protest,
complaint or any other similar mode of expressing one’s grievance, dissatisfaction and the like
would constitute the employee or the applicent’s blacklisting from any productive employment
abroad.

SEC. 5. Prohibition. It shell be unlawful for any recruitment and placement service to
prevent or deter Overseas F Workers (OFWs) from gaining productive employment,
‘Whether the job applicant is for the employment or reemployment by any means or mechanism
or list posted or circulated by any recruitment and placement service or agency, whether the
posting or circulation is done within the office perimeter or outside or in other offices, with the
purpose of disseminating, or announcing, or giving notice, memorandum or any information so
as to discourage other recruitment and placement service or agency from hiring amor
employing a particular OFW and/or to effect a prevention or deterrence against one’s
employment, or reemployment, or continuing employment; :

It chell farther be unlawful for eny recruitment and placement service or egency to cause
any negative marking or sign or any other similar information in the passport or any other
official document of seafarers so as to warn or caution or discourage other recruitment and
placement service from hiring and/or employing a particular OFW and/or to effect a prevention
or deterrence against one’s employment, or reemployment, or continuing employment.

SEC. 6. Implementing Rules and Regulations. The Philippine Overseas Employment
‘Agency (POEA), in consultation with the Department of Foreign Affairs, is hereby mandated to
promulgate the implementing rules and regulations for the effective implementation of the
provisions of this Act.

SEC. 7. Penalties. Any recruitment and placement service or agency proven to have
violated any of the provisions stipulated in Sections 4 and 5 of this Act shall be subjected to a
penalty ranging from one (1) year suspension to permanent revocation of its license to operate
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00).

SEC. 8. Repealing Clause. All laws, presidential decrees, or issuance, executive orders,
letters of instruction, rules or regulations inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.


SEC. 9. Separability Clause. If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in

force and effect.

SEC. 10. fféctivity Date. This Act shall take effect fifteen (15) days from the date of its
publication in at least two (2) newspaper of general circulation.

Approved.