Thursday, December 17, 2020

[ LAW ] Securing government-issued documents at zero cost: A primer on the First Time Jobseekers Assistance Act

For many people taking a crack at the job market for the first time, the entire affair can be a little daunting.
 
For one, jobs that pay handsomely are few and far between, especially for those seeking jobs for the first time. Two, the lack of professional experience is a liability, particularly when you are fighting for a position with other applicants who have had quite extensive work experience themselves. And third, the waiting time for that call the HR officer promised you after the final interview can sometimes last an eternity.

The moment you do get a job offer, though, you are basically provided with a laundry list of documentary requirements for your 201 File. Obtaining these documents can cost a fortune, putting a dent on your finances even before you get paid your first salary.

Indeed, the desire to land a well-paying job in an industry you are emotionally invested in screeches to a grounding halt the moment you are confronted by the grim realities of modern-day job-hunting.

To address this concern, R.A. No. 11261, or the First Time Jobseekers Assistance Act, was signed into law in 2019. The law waives government fees and charges in the issuance of documents required in the application for employment of first time jobseekers. This is consistent with the state policy of promoting full employment and equality of gainful work and opportunities for all Filipinos.

Having this law eliminates one major hurdle for first time jobseekers as they no longer need to worry about shelling out money for their documentary requirements at a time they need it the most.

So what does this law have in store for first time jobseekers and who exactly stand to benefit from it?

Joint Memorandum Circular No. 001 s. 2019, which contains the implementing rules and regulations of the First Time Jobseekers Assistance Act, defines a first time jobseeker as a Filipino citizen who is actively seeking employment locally or abroad, for the first time, as certified by the barangay of which they are a resident for the said purpose.

Note that the definition does not provide an age limit or an educational criteria, nor does it specify the kind or nature of employment one applies for, the most essential criteria being that it is the person's first time to apply for a job. As such, it is immaterial if one availing of the benefits under the law is a college or voc-tech graduate or an out of school youth. It's as equally immaterial if the job one applies for is a full-time or part-time position, or if the job belongs in any formal industry or the informal sector.

It's basically available to everyone, except beneficiaries of the Jobstart Program under R.A. No. 10869 and beneficiaries of other laws that already provide identical benefits.

Here are other salient points of the law:
Q: Which fees shall be waived for first time jobseekers under the law?

Fees for government-issued documents shall be waived for first time jobseekers. These include applications or requests for the following:

  •     police clearance certificate;
  •     NBI clearance;
  •     medical certificate from a public hospital, provided that fees and charges collected for laboratory tests and other medical procedures required for the grant of a medical certificate shall not be free of charge;
  •     Birth Certificate and Marriage Certificate issued by PSA;
  •     transcript of academic records issued by state colleges and universities;
  •     Tax Identification Number (TIN) issued by BIR;
  •     Unified Multi-Purpose ID (UMID) card; and
  •     other documentary requirements issued by the government that may be required by employers from job applicants, such as CSC Certificate of Eligibility, PhilHealth ID, POEA Certificates, Mayor's Clearance issued by Business Processing and Licensing Office, MARINA Certificates, TESDA National Certificates and Certificates of Competencies, etc.

Q: Does the law cover applications for passports?

No, the law does not cover applications for passports. Other government-issued documents that are not covered by the law are those collected in connection with an application to take a professional licensure examination conducted by the Professional Regulation Commission (PRC), application for authentication of documents from the Department of Foreign Affairs (DFA), application for a Career Service Examination with the Civil Service Commission (CSC), and application for a driver’s license from the Land Transportation Office (LTO).

Q: May a person who has no prior work experience and who does not intend to look for a job invoke the law to obtain government-issued documents free of charge?

No, a person seeking to avail the benefits of the law must be actively looking for a job.

Q: May the law be used to compel private colleges and universities to provide transcripts of records to first time jobseekers free of charge?

No, the law only covers government-issued documents, such as transcripts of records issued by state colleges and universities. Private universities are not covered by the law.

Q: May the law be used to compel private clinics and hospitals to issue medical certificates for employment purposes free of charge?

No, the law only covers public hospitals. Private clinics and hospitals are not covered by the law.

Q: Does the law cover lab tests, such as urinalysis, X-ray scanning, fecalysis, and drug test?

No, fees for tests conducted in either a public or private health facility are not covered by the law. Only the issuance of a medical certificate by public hospitals is covered by the law.

Q: How can one obtain a barangay certification to avail of the benefits under the law?

Anyone who is qualified to avail of the benefits under the law must first secure a barangay certification from the barangay hall where one is a resident of for at least six months immediately preceding the application for said certification. The barangay certification shall be free of charge and is to be used exclusively for employment purposes. The first time jobseeker shall also sign and execute an oath of undertaking to be attached to the barangay certification.

This certification shall serve as proof of eligibility and shall be presented prior to submission of application for documents enumerated under the law so that the concerned government agencies are able to waive their fees or charges.

But it doesn't end there; the JMC requires first time jobseekers to report to the barangay after they have obtained employment.

Q: What if the concerned government agency refuses to waive its charges or fees for an eligible applicant?

The first time jobseeker should file a complaint addressed to the head of the concerned government agency.

In all, the First Time Jobseekers Assistance Act provides first time jobseekers a healthy kickstart to their first jobs by virtually eliminating the costs associated with many of the government-issued documents required by employers prior to hiring people. This is a relatively new law, having been signed in 2019, so it remains to be seen what its impact is to the economy over the long term.

Nonetheless, with the Philippines widely considered to be in a demographic sweet spot, this law is certainly of great value to the country’s young workforce and overall productivity over the long term.