ORDINANCE NO: 2021-489
Sponsored by Honorable Sam Tyra F. Co
"AN ORDINANCE ESTABLISHING THE BARANGAY EMPLOYMENT SERVICE UNIT (BESU) IN EVERY BARANGAY OF THE CITY OF PAGADIAN; PRESCRIBING ITS DUTIES AND FUNCTIONS; AND PROVIDING FUNDS THEREFOR"
WHEREAS, Section 9, Article II of the 1987 Philippine Constitution has explicitly declared the promotion of a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all;
WHEREAS, Section 16, Chapter II of the 1991 Local Government Code embodies, among others, the powers expressly granted by the Constitution to promote full employment to its residents;
WHEREAS, Republic Act No. 8759 known as the PESO Act of 1999 as amended by Republic Act No. 10691 mandates the Public Employment Service Office (PESO) to undertake a holistic strategy, programs and strategies, and transform into a multi-dimensional employment facilitation service;
WHEREAS, to strengthen and systematize the employments approach as well as entrepreneurial and livelihood availment that is distributed fairly among the barangays, and creates equal opportunities for all, the PESO must establish/create the Barangay Employment Service Unit in every Barangay;
NOW THEREFORE, on seconded motion of Honorable Sam Tyra F. Co, it was ordained by the Sangguniang Panlungsod (13th City Council) in session assembled that:
SECTION 1. Title. - This Ordinance shall be known as "Establishing the Barangay Employment Service Unit (BESU) in every Barangay of Pagadian City; Prescribing its Duties and Functions; and Providing Funds Therefor."
SECTION 2. OBJECTIVE. - It is the primary objective of this Ordinance to carry out the mandates of Republic Act 8759 as amended by Republic Act 11032 by expanding and strengthening the employment facilitation services, entrepreneurial and livelihood programs of the government particularly at the barangay level.
SECTION 3. BARANGAY EMPLOYMENT SERVICE UNIT (BESU). - There is hereby established and created a Barangay Employment Service Unit in every Barangay of Pagadian City under the direct supervision and administration of the Public Employment Service Office-Office of the City Mayor.
SECTION 4. COMPOSITION. - The Barangay Employment Service Unit (BESU) shall be composed of the BESU Advisory Board, and the BESU Coordinator who shall be appointed by the Local Chief Executive;
SECTION 5. FUNCTIONS. - The BESU shall perform the following functions.
Serve as employment facilitation arm and linkage of the Public Service Employment Office to facilitate the referral and placement of jobseekers, given the job vacancies available in the community level;
Provide employment information for vulnerable workers, such as Child Laborers, Informal Sector Workers, DOLE Livelihood Beneficiaries, Kasambahay, Young Workers, Persons with Disability and others;
Facilitate the information dissemination on legal employment opportunities and recruitment through posting in the barangay bulletin board, barangay FB Page;
Recommend the returning Overseas Filipino Workers (ROFW) to the PESO for the availment of the DOLE and OWWA reintegration services;
Recommend the association or group of out-of-school youths and other non-government organizations who are interested to avail of (a) the PESO occupational counseling; (b) the various government entrepreneurial and livelihood programs; (c) skills training from TESDA; and (d) other agencies;
Monitor the business employers' regular submission of the list of job vacancies to the Public Employment Service Office;
Engage the prospective business employers to ease the compliance of business requirements for purposes of jobseekers' referral based on PESO registry of skills;
Assist the conduct of employer's forum initiated by the PESO for the purpose of aligning employment and training with employer demand to help reduce potential skill mismatches through recommendations;
Issue Barangay Employment Facilitation Clearance to any barangay constituent for purposes of local and overseas employment;
Monitor and report any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority contemplated under Art 13 (F) of Presidential Decree No. 442, as amended otherwise known as the Labor Code of the Philippines; Provided, That any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. (Sec. 6, RA 8042).
SECTION 6. BESU ADVISORY BOARD. - There is hereby created a BESU Advisory Board which shall be composed of the following representatives and shall perform the following functions:
Chairman - Punong Barangay
Vice Chairman - Committee Chair on Barangay Labor & Employment of equivalent
Members - One (1) member from the PWD group;
One (1) member from the Senior Citizen's Group;
One (1) member from the Women's Sector; and
One (1) member from the Youth Sector
SECTION 7. POWERS AND FUNCTIONS OF BESU ADVISORY BOARD. - The BESU Advisory Board shall serve as advisory body that shall provide policy advice, recommendations, and direction to develop plans, programs and necessary support to the administration and operation of the Barangay Employment Service Unit.
SECTION 8. SERVICE AND PROGRAM. - The BESU Advisory Board shall primarily strive to seek entrepreneurial programs, livelihood and skills training service, whichever is applicable that will enhance the individual or collective know-how, skills and/or capability building for purposes of increasing productive employment and employability and/or entrepreneurship in collaboration with the PESO, DOLE, TESDA, DSWD and other government agencies. This includes, but shall not be limited to;
Practical skills development for home;
Entrepreneurial management such as, financial literacy, cooperative techniques to develop livelihood opportunities;
Business development enterprises such as handicraft design and making, etc.
Other application government programs.
SECTION 9. FUNCTION OF BESU COORDINATOR. - The Barangay Employment Service Unit (BESU) Coordinator shall perform the following functions;
Report regularly the Employment Facilitation activity, events and forums in the Barangay to the PESO Manager;
Update regularly the posting of employment related information on the Barangay Bulletin Board;
Facilitate the endorsement of Jobseekers to the Barangay Affair Coordinating Office;
Observe the implementation of RA 11261 known as the First Time Job Seekers Assistance Act;
Perform other tasks that may be assigned by the PESO Manager.
SECTION 10. HONORARIUM. - The honorarium of the BESU Coordinator shall be chargeable to the LGU Fund subject to the usual accounting and auditing rules and regulations.
SECTION 11. FUNDING REQUIREMENTS. - The City Government of Pagadian shall appropriate funds for this purpose.
SECTION 12. SEPARABILITY CLAUSE. - If any part or provision of this Ordinance is declared null and void by a court of competent jurisdiction, the other remaining provisions shall continue to remain valid and effective.
SECTION 13. REPEALING CLAUSE. - All previous ordinances inconsistent with this Ordinance is hereby repealed and/or modified accordingly.
SECTION 14. EFFECTIVITY. - This Ordinance shall take effect immediately upon its approval and after publication in a newspaper of general circulation.
ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) of Pagadian City during its 96th Regular Session conducted on September 1, 2021 via Video Conferencing.