QuestionsQuestions (IRR Republic Act No. 11641)
To implement the smooth and orderly transfer to the Department of Migrant Workers (DMW) of agencies subsumed into it under RA 11641, and to provide regulations, guidelines, and procedures governing DMW operations.
Including: (a) ensuring private recruitment meets professional/legal/ethical standards; (b) obtaining best working conditions upholding dignity; (c) providing timely responsive services regardless of legal status; (d) ensuring OFW participation in policy formulation; and (e) providing mechanisms for skills development and reintegration; also progressively aligning with the GCM objectives and strengthening domestic labor market so overseas work is a choice, not necessity.
Authority granted by the DMW to a foreign principal/employer to recruit and hire Filipino workers through a licensed recruitment agency for overseas employment, a licensed manning agency for seafarers, and other pathways for regular migration as authorized by the Secretary.
A Filipino to be engaged, engaged, or previously engaged in remuneration activity abroad with proper entry documents, not an immigrant/permanent resident and not awaiting naturalization, regardless of land-based/sea-based/inter-connected status; excluding those under government-recognized exchange visitor programs for cultural/educational purposes.
Documented OFW has a valid passport and appropriate visa/permit to stay and work in the destination, and a contract processed by the DMW; Undocumented OFW has employment documents not processed through the DMW and does not have the right visa for entry as a worker in the host country.
A document issued by the DMW to an OFW attesting to the regularity of recruitment, documentation and registration, making the OFW eligible to clear Philippine immigration controls for overseas travel and enabling OFW privileges.
A condition of an overseas Filipino, regardless of immigration status, who has medical/psychosocial/legal problems, abuse/exploitation, human-rights violations, or is in actual/potential war, civil unrest, pandemic, or analogous circumstances and requires medical treatment, hospitalization, counseling, legal representation, rescue, repatriation, or analogous intervention.
Lawful hiring of workers in a fair and transparent manner that respects and protects their dignity and human rights.
POEA; QUMWA of the DFA (under RA 8042); POLO under DOLE; ILAB under DOLE; NCRO under OWWA; NMP under PD 1369; and OSWA under DSWD.
DMW must investigate, initiate, sue, pursue, and help prosecute cases in cooperation with DOJ and IACAT. The Secretary/authorized deputy may issue subpoenas and hold/cite for contempt as provided by IRR; administer oaths; and have access to public records and records of private parties in accordance with law.
The DMW must mandatorily conciliate/mediate any complaint involving an OFW, licensed recruitment agency, or principal/employer relating to overseas employment.
DMW has original and exclusive, and appellate jurisdiction to hear and decide administrative cases involving violations of recruitment rules/conditions for licenses and disciplinary actions administrative in character, excluding money claims.
Officials must be citizens/residents, of good moral character, integrity/competence, with recognized governance expertise involving/experience as OFWs. Persons involved in recruitment/deployment of OFWs cannot be appointed, and the prohibition extends to their relatives up to the fourth degree of consanguinity or affinity. It is unlawful for officials/employees involved in implementation (and relatives up to fourth degree) to engage directly/indirectly in recruitment and placement; conviction triggers penalties under RA 8042 as amended.
A coordinated facility where relevant government offices are physically present to facilitate prompt and efficient access to services: acquisition of clearances/permits, validation of overseas job offers, and availment of reintegration services and seminars/workshops.
MWO of foreign service posts is the overseas operating arm; it absorbs POLO/OSWA and related ATN functions, and provides welfare and employment-related services to OFWs (including monitoring, verification of contracts/documents, assistance in employer-employee disputes, psychosocial services, repatriation, legal assistance, and emergency response).
Temporary shelter; counseling and legal services; welfare assistance (medical/hospitalization procurement); information/advisory and social integration programs; registration of irregular/undocumented workers; implementation of DMW and OWWA programs; human resources development; gender-sensitive programs; orientation for returning workers; and monitoring daily situation/activities affecting migrants.