In the case of domestic recruitment, the general rule is that no person or entity other than the public employment offices (of the government), shall engage in the recruitment and placement of workers. However the private employment sector may participate the recruitment and placement of local workers under such guideline, rules and regulations as may be issued by the Secretary of Labor. (Arts. 16 & 25 LC)

7. THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION. The POEA is the main government agency that carries out the promotion and development of overseas employment for Filipino workers. It is a quasi-judicial body with authority to adjudicate disputes arising out of, or in connection with, the employment of Filipino overseas recruitment and placement of Filipino workers.
In general, the POEA takes cognizance of the following types of cases recruitment violation cases, employer-employee relations cases involving Filipino overseas workers, illegal recruitment cases insofar as their administrative aspects are concerned, and disciplinary actions against Filipino contract workers.

The POEA is not bound by the technical rules of procedure and evidence. Its proceedings are non-litigious in nature, and the technicalities of law and procedure, and the rules obtaining in courts of law shall not apply. Hence, in cases before the POEA, a fact may be deemed established if it is supported by substantial evidence, which is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” (Rase vs.NLRC, 237 SCRA 523; Kiaveness Maritime Agency vs. Palmos, 232 SCRA 448)
The POEA has no jurisdiction to hear and decide a claim for enforcement of a foreign judgment. Such a claim must be brought before the regular courts. (Rances vs. NLRC; 246 SCRA 250)

8. RECRUITMENT VIOLATION CASES - These cases are brought by any aggrieved person or by the POEA motu propio for the suspension, cancellation or revocation of a license or authority of any agency (cf. Art 34 LC; Bk VI, Rule 1, Sec. 2&3, BkVI, POEARu1es). These are pre employment cases, administrative in character involving or arising out of recruitment laws and rules, including money claims arising there from, or violation of conditions for the issuance of license to recruit workers. They are conducted by a hearing officer who makes his recommendation to the Adjudication Office within 30 days from submission of the case. Cancellation or revocation orders are issued only by the SOLE or his duly designated representative; suspension orders may be issued by the Administrator or his designated OIC. Petitions for review may be ified with the SOLE within ten calendar days from the order Motions for reconsideration are treated as petitions for review. This jurisdiction of the SOLE, vested by the 1991 Rules and Regulations, is to be given retroactive effect. (Alindao vs. Joson, 264 SCRA 211) The filing of a petition will not stay the execution of the order of suspension unless restrained by the Secretary. After the order has become final and executory the Administrator shall, upon motion of the party in interest, issue a writ of execution requiring the enforcement of the POEA to execute the same.

9. QUALIFICATIONS FOR PARTICIPATION IN OVERSEAS RECRUITMENT. In order to be allowed to participate in the overseas employment program, applicants should possess the following qualifications:

(a) Citizenship -- at least 75% of the authorized and voting capital stock is owned and controlled by Filipino citizens; (b) Capitalization -- a minimum capitalization of P 1 million in case of a single proprietorship or partnership, or in minimum paid-up capital, in case of a corporation: (c) No disqualifications -- the applicant should not be otherwise disqualified by law or regulation to engage in the recruitment and placement of workers for overseas employment. To operate a private employment or manning agency, persons possessing these qualifications have to submit a written application therefore and comply with the requirements prescribed by the Rules (cf. Book II, Rule 2, POEA Rules).

10. DISQUALIFICATIONS FROM OVERSEAS RECRUITMENT. The following are not qualified to participate in the recruitment and placement of Filipino workers overseas:

(a) Travel agencies and sales agencies of airline companies; (b) Officers or members of the board of any corporation or members in a partnership engaged in the business of a travel agency; (c) Corporations and partnerships, when any of its officers, members of the board or partner of a corporation or partnership is also an officer, member of the board or partner of a corporation or partnership engaged in the business of a travel agency; (d) Persons, partnerships or corporations which have derogatory records, or those convicted of crimes involving moral turpitude; (e) Persons employed in the DOLE or in other government offices directly involved in the overseas employment program, and their relatives within the fourth degree of consanguinity or affinity, and (f) Persons, partners, officers and directors of corporations whose license has been previously cancelled or revoked for violation of the Labor Code or its implementing rules or other relevant laws, decrees, rules and regulations, and issuances (Book II, Rule I, POEA Rules).

11. MINIMUM STANDARDS FOR EMPLOYMENT CONTRACTS. The following are considered the minimum requirements for contracts of employment;

(a) Guaranteed wages for regular working hours and overtime pay for services rendered beyond regular working hours both of which shall be in accordance with the standards established by the POEA; (b) Free transportation from point of hire to site of employment and return; (c) Free emergency medical and dental treatment and facilities; (d) Just causes for the termination of the contract or of the services of the workers; (e) Workmen’s compensation benefits and war hazard protection; (f) Repatriation of worker’s remains and properties in case of death to the point of hire, or if this is not possible under the circumstances, the proper disposition thereof, upon prior arrangement with the worker’s next- of-kin and the nearest Philippine embassy consulate or regional labor center, (g) Assistance on remittance of workers’ salaries, allowances or allotments to the beneficiaries; and (h) Free and adequate board and lodging facilities or compensatory food allowance at prevailing cost-of-living standards at the jobsite.

Overseas contract workers are provided with mandatory life and accident insurance coverage to be provided by the employer without any cost to the workers. Life insurance coverage is set at a maximum face value of P 50,000, with an equal coverage of P50,000 if death is due to accident, murder or assault. Employers and principals are obliged to adopt these minimum requirements for employment contracts, but if their existing insurance package provides for a superior coverage, this is deemed compliance with this requirement. Employment contracts shall provide for these minimum standards and recognize prevailing labor and social laws at the Site of employment and international conventions. All employers and principals shall adopt these standards in the hiring of workers, without prejudice to their adoption of other terms and conditions of employment over and above such minimum standards. Any ambiguity in overseas employment contracts shall be interpreted against the parties who drafted them (Cadalin vs. POEA, 238 SCRA 721).

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