Question & AnswerQ&A (Republic Act No. 10022)
The purpose is to further improve the standard of protection and promotion of the welfare of migrant workers, their families, and overseas Filipinos in distress.
An overseas Filipino worker is defined as a person engaged in remunerated activity in a foreign state or on foreign vessels/offshore installations, used interchangeably with migrant worker.
Deployment is allowed only to countries with labor and social laws protecting workers, countries that are signatories of relevant conventions, or those with bilateral agreements with the Philippines ensuring rights protection.
They face penalties of removal or dismissal from service with disqualification from holding any appointive public office for five years.
Illegal recruitment includes acts by non-licensees or licensees such as charging excessive fees, misrepresentation, obstructing inspections, substituting employment contracts without approval, withholding travel documents, and several other prohibited acts listed in Section 6.
Penalties include imprisonment from 12 years and one day to 20 years and fines from one million to two million pesos, with life imprisonment and higher fines if the offense constitutes economic sabotage.
The NLRC has original and exclusive jurisdiction to hear money claims arising from employer-employee relationships involving overseas Filipino workers, to be decided within 90 calendar days after filing.
The act establishes a mechanism for free legal assistance including coordination with the DOJ, Integrated Bar of the Philippines, NGOs, and volunteer groups for victims of illegal recruitment and migrants in distress.
Insurance must cover accidental death, natural death, permanent total disablement, repatriation costs, subsistence allowance during litigation, and money claims for employer liability, among other benefits.
The DOH regulates clinics conducting health exams, ensuring fees are reasonable, examinations are necessary, allowing freedom of clinic choice, and enforcing accreditation standards.
To provide mechanisms for reintegration into Philippine society for returning workers, promote local employment, develop livelihood and entrepreneurial programs, and tap their skills for national development.
It monitors implementation of RA 8042, requires reports from concerned agencies, submits reports to the President and Congress, recommends remedial legislation, and sets frameworks for proper enforcement.
In pursuit of national interest or public welfare, after consultation with the Department of Foreign Affairs, the POEA Governing Board may impose such measures at any time.
Prohibitions include charging excess fees, publishing false information, inducing workers to quit jobs for worse conditions, obstructing inspections, withholding travel documents, and engaging in unauthorized recruitment.
The foreign employer is automatically disqualified from participating in the Philippine Overseas Employment Program and from recruiting Filipino workers until full satisfaction of the judgment.