ii. Suspension or Cancellation

Jurisdiction of the POEA

Jurisdiction of the Department of Migrant Workers (DMW) under RA 11641

• Cancellation/Suspension of License of Authority to recruit of Recruitment Agencies
• Disciplinary Action against OFWs
• Appeal to Secretary of DOLE within 10 calendar days from the cancellation/revocation/suspension of license or authority

Cancellation of License or Authority

The Secretary of Labor shall have the power to suspend or cancel any license or authority to recruit employees for overseas employment for:

• violation of rules and regulations issued by the Department of Labor, the Overseas Employment Development Board, and the National Seamen Board;
• violation of the provisions of this and other applicable laws, General Orders and Letters of Instructions [Art. 35].

The preceding grounds reproduce the statutory wording of Art. 35. Overseas-recruitment regulation is now administered through the Department of Migrant Workers (DMW) under RA 11641.

Acts prohibited under Art. 34 are grounds for suspension or cancellation of license. Note that these acts likewise constitute illegal recruitment under RA 8042 as amended by RA 10022.

Who can suspend or cancel the license?

• The competent DMW officials under current law and rules

Historically, the power to suspend or cancel any license or authority to recruit employees for overseas employment was concurrently vested with the POEA and the Secretary of Labor [People v. Diaz, G.R. 112175 (1996)].

Illegal Recruitment