DOLE and DMW Outline Powers and Functions In Joint MC

The Department of Labor and Employment (“DOLE”) and Department of Migrant Workers (“DMW”) issued Joint Circular No. 01, Series of 2022 to facilitate and ensure the efficient and effective implementation of Republic Act (“RA”) No. 11641, which created the DMW and consolidated, merged, or transferred certain agencies, powers and functions under the DOLE to the DMW. 

Governance, supervision and operation of consolidated and merged agencies

During the period of transition or until further orders and issuances, the governance, control and supervision, and provisions for the operations of the agencies covered by the Joint Circular shall be guided by the following:

1. All existing policies, rules and regulations implemented by the agencies covered by the Joint Circular, including but not limited to the 2016 Revised Philippine Overseas Employment Administration (“POEA”) Rules and Regulations Governing the Recruitment of Land-Based Overseas Filipino Workers and the 2016 Revised POEA Rules and Regulations Governing the Recruitment of Sea-Based Overseas Filipino Workers, shall remain in full force and effect.

2. The Governing Board of the POEA and Boards of Trustees of Overseas Workers Welfare Administration (“OWWA”) and National Maritime Polytechnic (“NMP”) shall continue to exercise their policy and rule-making and related powers in accordance with their respective charters. The DOLE Secretary shall remain as Chairperson of said Governing Board and Boards of Trustees.

3. The DMW Secretary shall exercise primary administrative control and supervision over the POEA, Philippine Overseas Labor Offices (“POLOs”), International Labor Affairs Bureau (“ILAB”), and National Reintegration Center for OFWs (“NRCO”) and shall exercise administrative supervision over the NMP and OWWA.

4. Funds necessary for the continued operation of the POEA, POLOs, ILAB, NMP and NRCO for budget year 2022, including the budget for personal services, shall be sourced from the corresponding appropriated POEA, DOLE, NMP or OWWA budget under the 2022 General Appropriations Act for the POEA, POLOs, ILAB, NMP, and NRCO, as the case may be, subject to all applicable laws and regulations.

Functions of the POEA and the DOLE Secretary

Both the POEA Administrator and the DOLE Secretary shall continue to receive, hear, and decide all cases under their respective jurisdictions, in accordance with existing rules, regulations and procedures. 

The authority of the DOLE Secretary to issue licenses to recruitment and manning agencies shall still be delegated to the POEA Administrator. 

International cooperation and agreements

The DMW shall assume the functions of the ILAB with regard to overseas labor migration, particularly in ensuring and monitoring the observance and implementation of the Philippines’ obligations and commitments to migration-related international organizations and treaties. The DMW shall also coordinate with the Department of Foreign Affairs (“DFA”) regarding the negotiation of treaties, bilateral and multilateral agreements, compacts, and other instruments related to overseas labor migration. 

Officials and employees of consolidated and merged agencies

All personnel in the consolidated and merged agencies shall, in a hold-over capacity, continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits, unless separated from government service pursuant to existing laws. Personnel from the Philippine Foreign Service shall remain under the DFA, except those whose positions are created under RA No. 8042, as amended by R.A. No. 10022.

In the exercise of administrative authority, the DMW and DOLE Secretaries may temporarily re-assign officials or employees to positions within or among the agencies covered by the Joint Circular, subject to applicable civil service laws and regulations. 

Joint Management Committee

The DOLE and DMW Secretaries shall form a Joint DOLE-DMW Management Committee to carry out the purposes of the Joint Circular, address operational matters arising from its implementation, make recommendations to the DOLE and DMW Secretaries on appropriate actions to be taken, and monitor the fulfillment of the conditions for the full constitution of the DMW, among others.