Question & AnswerQ&A (Republic Act No. 11641)
The short title of Republic Act No. 11641 is the 'Department of Migrant Workers Act.'
The Department is primarily tasked to protect the rights and promote the welfare of Overseas Filipino Workers (OFWs), regulate their overseas employment, and facilitate their reintegration into Philippine society.
An OFW is defined as a Filipino who is or has been engaged in remunerated activity in a foreign country where he or she is not a citizen or permanent resident, including those contracted for overseas employment but has yet to leave the Philippines. The term is synonymous with 'Migrant Worker.'
The Department consolidates the POEA, the Office of the Undersecretary for Migrant Workers’ Affairs of the DFA, Philippine Overseas Labor Offices under DOLE, the International Labor Affairs Bureau under DOLE, the National Reintegration Center for OFWs under OWWA, the National Maritime Polytechnic under DOLE, and the Office of the Social Welfare Attaché under the DSWD.
The Secretary is appointed by the President, subject to confirmation by the Commission on Appointments. Qualifications include being a citizen and resident of the Philippines, of good moral character, proven integrity and competence in public administration, and expertise or experience involving OFWs. Persons involved in recruitment business or their relatives up to the fourth degree cannot be appointed.
The Department is empowered to investigate, initiate court cases, sue, pursue, and help prosecute illegal recruitment and human trafficking cases. The Secretary and authorized deputies can issue subpoenas, administer oaths, and access relevant records as part of their investigative functions.
The AKSYON (Agarang Kalinga at Saklolo para sa mga OFWs na Nangangailangan) Fund is established to provide legal, medical, financial, and other assistance to distressed OFWs including repatriation, rescue, and shipment of remains.
The MWO is the Department's overseas operating arm attached to Philippine Foreign Service Posts. It assists OFWs in employment-related problems, verifies contracts, monitors host country conditions, coordinates programs, provides social welfare services, manages cases of distressed OFWs, facilitates repatriation, and ensures gender-responsive protection.
Officials and employees of the Department or implementing agencies, including their relatives up to the fourth degree of consanguinity or affinity, are prohibited from directly or indirectly engaging in the recruitment and placement business of OFWs. Violations are punishable under existing laws with penalties provided by RA 8042, as amended.
The Department shall implement a comprehensive full-cycle reintegration program covering pre-deployment, on-site employment, and return stages. It includes economic, social, psychosocial, gender-responsive, and cultural support, skills certification, and aims to contribute to national development through investments and technology transfer from OFWs.