DEPARTMENT OF MIGRANT WORKERS

DEPARTMENT CIRCULAR NO. 01

PROMULGATING THE 2023 DEPARTMENT OF MIGRANT WORKERS RULES

AND REGULATIONS GOVERNING THE RECRUITMENT AND EMPLOYMENT OF
LANDBASED OVERSEAS FILIPINO WORKERS

TABLE OF CONTENTS
PART I GENERAL PROVISIONS 1
RULE I Statement of Policy 1
RULE ll Definition of Terms 1
PART II LICENSING AND REGULATION 5
RULE I Private Sector Participation in the Overseas Employment 5
Program
SECTION 1. Participation of the Private Sector 5
SECTION 2. Who may participate; Required Capitalization 5
SECTION 3. Who are Disqualified 6
SECTION 4. Submission of Application 7
RULE ll Issuance of License 7
A. APPLICATION 7
SECTION 5. Pre-Qualification Requirements 7
SECTION 6. Payment of Filing Fee 7
SECTION 7. Panel Composition and Panel Interview 7
SECTION 8. Post-Qualification Requirements 7
SECTION 9. Assessment Prior to Issuance of License 7
B. PROVISIONAL LICENSE 8
SECTION 10. Decision on the Application 8
SECTION 11. Approval of the application for Provisional License 8
SECTION 12. Grounds for Denial of Application 8
SECTION 13. Payment of License Fee 8
SECTION 14. Prohibition 8
B. REGULAR LICENSE 8
SECTION 15. Application for Upgrading to Regular License 8
SECTION 16. Payment of License Fee 8
SECTION 17. Validity of a Regular License 8
D. RENEWAL OF LICENSE 8
SECTION 18. Renewal of License 8
SECTION 19. Payment for Renewal of License Fee 8
E. ESCROW DEPOSIT 9
SECTION 20. Maintenance of Escrow Deposit 9
SECTION 21. Additional Escrow Deposit 9
SECTION 22. Release of Deposit in Escrow 9
SECTION 23. Monitoring Compliance with Conditions for the Issuance of the 9
License
F. COMMON PROVISIONS 10
SECTION 24. Derogatory Record After Issuance / Renewal of License 10
SECTION 25. Non-Transferability of License 10
SECTION 26. Revocation of License of Sole Proprietorship 10
SECTION 27. Revocation of License of a Partnership Due to Death or 10
Withdrawal of Partner

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 DEPARTMENT OF MIGRANT WORKERS
DEPARTMENT CIRCULAR NO. 01

PROMULGATING THE 2023 DEPARTMENT OF MIGRANT WORKERS RULES

AND REGULATIONS GOVERNING THE RECRUITMENT AND EMPLOYMENT OF
LANDBASED OVERSEAS FILIPINO WORKERS

TABLE OF CONTENTS
SECTION 28. Change in the Management and Operation of One Person 10
Corporation (OPC) Due to the Death or Temporary or Permanent
Incapacity of the Incorporator/Sole Stockholder
SECTION 29. Upgrading, Merger or Consolidation of Licensed Recruitment 11
Agencies
SECTION 30. Change of Business Type from Sole Proprietorship/Partnership to 11
Partnership/Corporation
SECTION 31. Transfer of Shares of Stock 11
SECTION 32. Acknowledgment of Corporate Investor 11
SECTION 33. Change in the Composition of Partners/Board of Directors 11
SECTION 34. Appointment, Termination, Dismissal, or Resignation of Officers 11
and Personnel
SECTION 35. Transfer of Business Address 12
SECTION 36. Additional Office Space 12
G. BRANCH OFFICE 12
SECTION 37. Establishment of a Branch 12
SECTION 38. Validity to Authority to Operate a Branch Office 12
RULE III Overseas Employment and Labor Laws Compliance System 12
A. ASSESSMENT OF AGENCIES PRIOR TO THE ISSUANCE OF 12
A LICENSE (POST-QUALIFICATION ASSESSMENT)
SECTION 39 Scope of Assessment 12
SECTION 40. Issuance of Authority to Assess 12
SECTION 41. Conduct and Report of Assessment 12
B. REGULAR ASSESSMENT 13
SECTION 42. Scope of Regular Assessment 13
SECTION 43. Issuance of Authority to Assess 13
SECTION 44. Conduct and Report of Assessment 13
SECTION 45. Issuance of Notice of Results 13
SECTION 46. Compliance with Deficiencies 13
C. SALVO/SPOT INSPECTION 13
SECTION 47. Scope of Salvo/Spot Inspection 13
RULE IV Licensing of Companies Registered with Philippine Overseas 13
Construction Board (POCB)
SECTION 48. Licensing of POCB-Registered Companies 13
SECTION 49. Payment of Fees 14
SECTION 50. Issuance of Special License 14
SECTION 51. Validity Period of Special License 14
SECTION 52. Requisites for Renewal 14
SECTION 53. Prohibition on Collection of Fees from OFW 14
SECTION 54. POCB-Registered Companies without Overseas Projects 14
RULE V Fees, Costs and Contributions 14
SECTION 55. Fees and Costs Chargeable to the OFW 15

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 DEPARTMENT OF MIGRANT WORKERS
DEPARTMENT CIRCULAR NO. 01

PROMULGATING THE 2023 DEPARTMENT OF MIGRANT WORKERS RULES

AND REGULATIONS GOVERNING THE RECRUITMENT AND EMPLOYMENT OF
LANDBASED OVERSEAS FILIPINO WORKERS

TABLE OF CONTENTS
SECTION 56. Placement Fee 15
SECTION 57. Payment of Insurance Premium 15
SECTION 58. Costs and Fees Chargeable Against the Principal / Employer 15
SECTION 59. Prohibition Against Changing of Other Fees 16
SECTION 60. Service Fees 16
RULE VI Skills Test and Medical Examination for Overseas 16
Employment
SECTION 61. Skills Testing for Applicant 16
SECTION 62. Medical/Health Examination 16
RULE VII Recruitment Outside Registered Office 16
SECTION 63. Special Recruitment Authority 16
SECTION 64. Requirements for the Issuance of Special Recruitment Authority 16
SECTION 65. Filing of Application 16
SECTION 66. Validity of Special Recruitment Authority 17
SECTION 67. Letter of Authority (LOA) 17
SECTION 68. Venue and Supervision of Special Recruitment Activities Outside 17
the Registered Office
SECTION 69. Terminal Reports 17
SECTION 70. Participation in Jobs Fair; Conduct of Jobs Fair 17
SECTION 71. Participation in a DOLE/PESO-Organized Jobs Fair 17
SECTION 72. Cancellation of SRA/LOA/JFA 17
RULE VIII Advertisement for Overseas Job Vacancies 17
SECTION 73. Advertisement for Overseas Employment 17
SECTION 74. Advertisement of Job Vacancies with Approved Job Orders 17
SECTION 75. Advertisement for Manpower Pooling 18
SECTION 76. Advertisement for Overseas Job Vacancies by 18
Principals/Employers
SECTION 77. Monitoring of Advertisements 18
RULE IX Departure and Arrival of OFW 18
SECTION 78. Departure of Workers 18
SECTION 79. Issuance of OEC/OFW Clearance at MWAAC 18
SECTION 80. Lost OEC/OFW Clearance 18
SECTION 81. Clearance for Special Cases 19
SECTION 82. Arrival of OFWs 19
RULE X Illegal Recruitment 19
SECTION 83. Who are Liable for Illegal Recruitment 19
SECTION 84. Independent Administrative Action 19
RULE XI Anti-Illegal Recruitment and Anti-Trafficking in Persons 19
Programs
SECTION 85. Anti-Illegal Recruitment and Anti-Trafficking in Persons Programs 19
SECTION 86. Issuance of Migrant Workers Protection Bureau Clearance 20
SECTION 87. Coordination with Regional Offices 20

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 DEPARTMENT OF MIGRANT WORKERS
DEPARTMENT CIRCULAR NO. 01

PROMULGATING THE 2023 DEPARTMENT OF MIGRANT WORKERS RULES

AND REGULATIONS GOVERNING THE RECRUITMENT AND EMPLOYMENT OF
LANDBASED OVERSEAS FILIPINO WORKERS

TABLE OF CONTENTS
SECTION 88. Coordination with Migrant Workers Offices 20
RULE XII Complaints and Reports Filed with the Department 20
SECTION 89. Receiving Complaints 20
SECTION 90. Legal Assistance 20
SECTION 91. Complaints/Reports not cognizable by the Department 20
Proceedings Before the Department 21
SECTION 92. Conduct of Surveillance 21
SECTION 93. Issuance of Closure Order 21
SECTION 94. Implementation of Closure Order 21
SECTION 95. Effect of Closure Order 21
SECTION 96. Institution of Criminal Action 21
SECTION 97. Re-Opening of Establishment 21
SECTION 98. Lifting of Closure Order 21
SECTION 99. Appeal 22
SECTION 100. Monitoring of Closure Order 22
RULE XV Accommodation Facilities 22
SECTION 101. Accommodation Facilities 22
SECTION 102. Quarterly Reports 22
PART III PLACEMENT BY THE PRIVATE SECTOR 22
Rule I Accreditation and Registration of Principals/Employers 22
SECTION 103. Accreditation of Principals/ Employers 22
SECTION 104. Requirements for Accreditation of the Principal/Employer 23
SECTION 105. Registration of Principal/Employer 23
SECTION 106. Registration of POCB-Registered Projects 23
SECTION 107. Validity of Accreditation 23
SECTION 108. Suspension of Accreditation by the MWO 23
SECTION 109. Procedures for Suspension of Accreditation 24
SECTION 110. Termination of Accreditation and Registration 24
SECTION 111. Validity of Manpower Request/Job Order 24
SECTION 112. Renewal of Accreditation 24
SECTION 113. Multiple Accreditation of Principal / Employer 25
SECTION 114 Transfer of Accreditation 25
SECTION 115. Action on Applications for Transfer of Accreditation of a Principal / 25
Employer with Outstanding Obligations
SECTION 116. Accreditation of Principal / Employer in Countries Covered by a 25
Special Agreement
RULE II Documentation and Deployment of Overseas Filipino 26
Workers
SECTION 117. Deployment of OFW 26
SECTION 118. Allowable Visa Usage 26
SECTION 119. Deployment of OFW to Companies and Contractors with 26
International Operations in Countries not Certified by the DFA as

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 DEPARTMENT OF MIGRANT WORKERS
DEPARTMENT CIRCULAR NO. 01

PROMULGATING THE 2023 DEPARTMENT OF MIGRANT WORKERS RULES

AND REGULATIONS GOVERNING THE RECRUITMENT AND EMPLOYMENT OF
LANDBASED OVERSEAS FILIPINO WORKERS

TABLE OF CONTENTS
Compliant
SECTION 120. Ban or Termination of Deployment 26
SECTION 121. Requirements for the Processing of Agency-Hires 26
SECTION 122. Minimum Age for Deployment and Compensation of Domestic 26
Worker
SECTION 123. Issuance of Overseas Employment Certificate/OFW Clearance 26
SECTION 124. Validity of Overseas Employment Certificate and Period to Deploy 27
SECTION 125. Registration of Returning OFW 27
SECTION 126. Ban on Direct Hires, Exemption 27
SECTION 127. In-House Processing Facility 27
SECTION 128. Accreditation and Processing of Workers in Sectors or Industries 27
that Intersect with the Sea-based Sector
PART IV PLACEMENT BY THE DEPARTMENT 27
RULE I Recruitment and Placement Through the Department 27
SECTION 129. Hiring through the Department 27
SECTION 130. Recruitment and Placement of OFWs 28
SECTION 131. Fees and Costs Chargeable to the OFW and the Principal / 28
Employer, respectively
SECTION 132. Foreign Employer’s Guarantee Fund 28
SECTION 133. Fees and Contributions 28
SECTION 134. Parameters for Government-to-Government Hiring 28
PART V EMPLOYMENT STANDARDS 28
RULE I Formulation of Employment Standards 29
SECTION 135. Employment Standards 29
SECTION 136. Freedom to Stipulate 29
SECTION 137. Disclosure of Terms and Conditions of Employment 29
PART VI Recruitment Violations and Disciplinary Action Cases 29
RULE I Jurisdiction 29
SECTION 138. Jurisdiction 29
RULE II Recruitment Violation Cases, Classification of Offenses and 29
Penalties
SECTION 139. Grounds for Imposition of Administrative Sanctions Against a 29
Licensed Recruitment Agency
I. SERIOUS OFFENSES 29
II. LESS SERIOUS OFFENSES 31
III. LIGHT OFFENSES 32
SECTION 140. Grounds for Disciplinary Action Against Employers/Principals and 32
Penalties
I Serious Offenses 32
II Less Serious Offenses 33
Rule III Disciplinary Action Against OFW, Classification of Offenses 33
and Penalties

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 DEPARTMENT OF MIGRANT WORKERS
DEPARTMENT CIRCULAR NO. 01

PROMULGATING THE 2023 DEPARTMENT OF MIGRANT WORKERS RULES

AND REGULATIONS GOVERNING THE RECRUITMENT AND EMPLOYMENT OF
LANDBASED OVERSEAS FILIPINO WORKERS

TABLE OF CONTENTS
Section 141. Grounds for Disciplinary Action and their Penalties 33
I Serious Offenses 33
II Less Serious Offenses 34
Rule IV Complaints 34
SECTION 142. Filing and Venue of Complaints 34
SECTION 143. Preventive Suspension 35
SECTION 144. Resolution of the Case 35
RULE V Appeal and Execution of Judgment 35
SECTION 145. Jurisdiction 35
SECTION 146. Execution of Judgments 36
SECTION 147. Effect of Petition for Certiorari 36
RULE VI Clemency 36
SECTION 148. Clemency 36
PART VII Assistance to OFW 36
RULE I Assistance to OFW 36
SECTION 149. Responsibility to OFW 36
SECTION 150. Request for Assistance 36
SECTION 151. Monitoring of Deployed Workers and Submission of Reports 36
SECTION 152. Monitoring System 37
SECTION 153. Creation and Management of Welfare Records 37
SECTION 154. Capability and Enhancement Training 37
SECTION 155. Reporting of Erring Employer/Principal 37
SECTION 156. Administrative Sanctions 37
SECTION 157. Welfare Programs and Reintegration 37
RULE II Repatriation 38
SECTION 158. Primary Responsibility to Repatriate OFW 38
SECTION 159. Department’s 24/7 Emergency Response and Action Center Unit 38
SECTION 160. Repatriation Procedures 38
SECTION 161. Lifting of Order of Documentary or Job Order Processing 38
Suspension
SECTION 162. Repatriation Costs in Case of Failure to Repatriate 38
SECTION 163. Prohibition Against Performance Bonds and Deposits 38
SECTION 164. Emergency Repatriation 38
SECTION 165. Mandatory Repatriation of Underage Overseas Filipino Worker 39
RULE III War Risk Areas and Insurance 39
SECTION 166. Declaration of War Risk Areas 39
SECTION 167. Mandatory War Risk Insurance for OFW 39
RULE IV Comprehensive and Integrated Public Education Program 39
SECTION 168. Public Education Program 39
SECTION 169. Workers Education Program 39
SECTION 170. Partnerships with Stakeholders 40
SECTION 171. Agency Education Program 40

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 DEPARTMENT OF MIGRANT WORKERS
DEPARTMENT CIRCULAR NO. 01

PROMULGATING THE 2023 DEPARTMENT OF MIGRANT WORKERS RULES

AND REGULATIONS GOVERNING THE RECRUITMENT AND EMPLOYMENT OF
LANDBASED OVERSEAS FILIPINO WORKERS

TABLE OF CONTENTS
SECTION 172. Orientation of Principals/Employers and OFWs On-Site 40
RULE V Registration of Applicant-Workers 40
SECTION 173. Applicants-Workers’ Registry 40
SECTION 174. Sourcing of Workers from the Registry 40
SECTION 175. Endorsement of Qualified Applicants 40
SECTION 176. Agency Workers Pool 40
PART VIII 40
RULE VI Labor Market Research, Standards Development and 40
Advanced and Strategic Policies on Migration and
Development
SECTION 177. Labor Market Research Studies 41
SECTION 178. Advanced and Strategic Policies on Migration and Development 41
SECTION 179. Training Programs and Standards 41
SECTION 180. Bilateral/Regional/Multilateral Agreements 41
RULE VII Code of Discipline for Overseas Filipino Workers 41
SECTION 181. Obligations of OFWs 42
PART IX INCENTIVES AND AWARDS 42
RULE I Agency Awards 42
SECTION 182. Three-Tiered Award System for Licensed Recruitment Agencies 42
SECTION 183. Incentives and System of Recognition 42
SECTION 184. Other Incentives and System of Recognition 42
RULE II Employers’ Awards 43
SECTION 185. Two-Level Award System for Principals / Employers 43
SECTION 186. Incentives for Employer Awardees 43
PART X General and Miscellaneous Provisions 43
SECTION 187. Authority to Administer Oaths 43
SECTION 188. Construction 43
SECTION 189. Effectivity of Existing Policies, and Rules and Regulations 43
SECTION 190. Application of provisions prior to DMW Rules 44
SECTION 190. Amendments 44
SECTION 191. Separability Clause 44
SECTION 192. Repealing Clause 44
SECTION 193. Effectivity 44

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