QuestionsQuestions (Republic Act No. 10022)
RA 10022 amends RA 8042 to further improve the protection and promotion of the welfare of migrant workers, their families, and overseas Filipinos in distress.
The State must continuously monitor international conventions, endeavor to become signatory/ratify those guaranteeing protection, and endeavor to enter into bilateral agreements with countries hosting overseas Filipino workers, while upholding sovereignty and citizens’ dignity.
It mandates that free access to courts and quasi-judicial bodies and adequate legal assistance shall not be denied due to poverty, and it requires an effective mechanism to protect the rights and interests of distressed overseas Filipinos whether regular/documented or irregular/undocumented.
It recognizes skills as the most effective tool for empowerment; the government must provide free and accessible skills development programs and, as soon as practicable, deploy/allow deployment only of skilled Filipino workers.
It states that an overseas Filipino worker is one engaged or to be engaged in a remunerated activity in a state where the person is not a citizen, including on foreign vessels (not government ships for military/non-commercial purposes) and offshore/high seas installations, and it may be used interchangeably with 'migrant worker.'
No permit for deployment shall be issued by the POEA.
They shall suffer penalties of removal or dismissal from service with disqualification to hold any appointive public office for five (5) years.
Notwithstanding Section 4, the POEA Governing Board, after consultation with the Department of Foreign Affairs, may at any time terminate or impose a ban on deployment of migrant workers in pursuit of national interest or when public welfare so requires.
Examples include: charging/accepting fees beyond the allowable schedule; furnishing/publishing false notices or information/documents related to recruitment; withholding travel documents for monetary considerations; substituting or altering approved employment contracts to the prejudice of the worker without approval.
It deems illegal recruitment committed by a syndicate if carried out by a group of three (3) or more persons conspiring/confederating, and in large scale if committed against three (3) or more persons individually or as a group.
Illegal recruitment generally carries imprisonment of not less than 12 years and 1 day but not more than 20 years, and a fine. Life imprisonment plus a fine is imposed if illegal recruitment constitutes economic sabotage.
Labor Arbiters of the NLRC have original and exclusive jurisdiction to hear and decide claims within 90 calendar days after filing, including claims for actual, moral, exemplary, and other damages arising from an employer-employee relationship or by virtue of law/contract involving Filipino workers for overseas deployment.
Their liability is joint and several, and it must be incorporated in the employment contract as a condition precedent for approval. The performance bond is answerable for all money claims/damages.