Question & AnswerQ&A (Republic Act No. 8042)
Republic Act No. 8042 is known and cited as the "Migrant Workers and Overseas Filipinos Act of 1995."
The State recognizes the contribution of Filipino migrant workers but does not promote overseas employment as a means to sustain economic growth or achieve national development. It emphasizes that the dignity and fundamental human rights of Filipino citizens shall not be compromised.
A migrant worker refers to a person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a state of which he or she is not a legal resident. The term is used interchangeably with overseas Filipino worker.
Host countries must have labor and social laws protecting migrant workers' rights, be signatories to multilateral conventions on migrant workers, have bilateral agreements with the Philippine government protecting migrant workers' rights, or be taking positive, concrete measures to protect migrant workers.
Illegal recruitment includes any act of canvassing, enlisting, hiring, or procuring workers for employment abroad by a non-licensee, charging fees beyond the allowable schedule, publishing false information, substituting employment contracts without approval, withholding travel documents for monetary gains, and failing to deploy workers without valid reasons among others.
Illegal recruitment is punishable by imprisonment of not less than six years and one day but not more than twelve years, and a fine of ₱200,000 to ₱500,000. Life imprisonment and fines of ₱500,000 to ₱1,000,000 are imposed if illegal recruitment constitutes economic sabotage.
No. It is unlawful for any official or employee of the Department of Labor and Employment, POEA, OWWA, Department of Foreign Affairs, or related agencies, including their relatives within the fourth civil degree, to engage directly or indirectly in the business of recruiting migrant workers.
Such actions should be filed with the Regional Trial Court of the province or city where the offense was committed or where the offended party resides at the time of the offense. The court first filing acquires exclusive jurisdiction.
They have original and exclusive jurisdiction to hear and decide monetary claims arising from employer-employee relationships involving Filipino workers for overseas deployment, including claims for damages, within 90 calendar days from filing.
The Legal Assistant for Migrant Workers Affairs is a position under the Department of Foreign Affairs responsible for coordinating legal assistance services to migrant workers and distressed overseas Filipinos. They issue guidelines, coordinate with government agencies and NGOs, manage the legal assistance fund, and may hire private lawyers to assist migrant workers.
It is created to expand financing schemes for pre-departure loans and family assistance loans to prevent illegal recruiters from exploiting workers seeking employment abroad, backed by a revolving fund of ₱100 million.
The agency which recruited or deployed the worker is primarily responsible for repatriation costs. OWWA handles repatriation in cases of war, epidemics, or disasters and administers an emergency repatriation fund of ₱100 million for cases where the responsible agency cannot be identified.
The State shall deploy workers only to countries where their rights are protected, based on legal protections, multilateral conventions, bilateral agreements, or concrete measures to safeguard workers' rights.
The Department of Foreign Affairs and Department of Labor and Employment must submit semi-annual reports to Congress including masterlists of migrant workers, pending legal cases, working conditions, problems faced, initiatives taken, changes in host country laws, and status of bilateral agreements.
The Act takes effect fifteen days after its publication in the Official Gazette or in at least two national newspapers of general circulation, whichever comes earlier.