QuestionsQuestions (Republic Act No. 10801)
Republic Act No. 10801 is entitled the “Overseas Workers Welfare Administration Act.”
The State shall afford full protection to labor, local and overseas, organized and unorganized, promote full employment opportunities, and protect Overseas Filipino Workers (OFWs). OWWA is identified as a principal agency to serve and promote OFWs’ rights, interests, and welfare.
To provide guidelines on the OWWA’s mandate, purposes and objectives, membership, collection of contributions, and availment of benefits/services; and to embody policies on fund management and administration of programs and services.
OWWA is a national government agency vested with the special function of developing and implementing welfare programs responsive to its member-OFWs and families. It is an attached agency of the Department of Labor and Employment (DOLE) and its officials/employees are covered by the Salary Standardization Law.
OWWA shall not fall under: (1) government instrumentalities with corporate powers (GICPs), (2) government corporate entities (GCEs), (3) government financial institutions (GFIs), and/or (4) government-owned or -controlled corporations (GOCCs).
Membership may be obtained either by (a) compulsory registration upon processing of employment contracts at the POEA, or (b) voluntary registration of OFWs at job sites or through electronic registration.
The membership contribution is US$25.00 or its equivalent. Membership is active until the expiration of the existing employment contract or after two (2) years from contract effectivity (whichever comes first). For voluntary registration, it is active until expiration of the existing contract or after two (2) years from the date of voluntary registration (whichever comes first).
Only after every two (2) years from the last membership contribution.
Upon payment, the member-OFW must be issued an official receipt, OWWA E-Card/identification card/other proof of membership. No additional or extra charges may be levied. OWWA must also maintain a comprehensive database updated regularly.
They must be accounted for in two separate books of accounts for separate accounting purposes.
Contributions may be collected by duly authorized OWWA collecting officers, deputized collecting officers, or accredited collecting agents. For voluntary members registering at job sites, payments are made directly to OWWA Overseas Offices in the foreign service posts.
Administrative sanctions and disciplinary measures may be imposed, including recall from post, suspension, or separation from service.
No OFW shall be denied OWWA membership due to age, gender, religious belief, or political affiliation. OWWA must take affirmative steps to enhance OFWs’ access to programs and services.
It includes the Secretary of Labor and Employment (Chairperson); OWWA Administrator (Vice Chairperson); Secretaries of Foreign Affairs, Finance, and Budget & Management; POEA Administrator; representatives from land-based OFWs, sea-based OFWs, women sector, land-based recruitment sector, and sea-based manning sector—each nominated/appointed as provided.
An affirmative vote of the absolute majority of all members is required.
An affirmative vote of a majority of the members present constituting a quorum is required.
The OWWA Fund is a private fund held in trust by OWWA. No portion or income/earnings accrue to the National Government; it is not conjoined with government money, does not revert to the National Government, and is exempted from the “one fund doctrine.”
It can only be used for the welfare of member-OFWs and their families, including financing core programs/services of OWWA. No funds may be withdrawn to aid or supplement required expenditures by other government agencies.
Death and disability benefits (including natural/accidental death, disability/dismemberment, total permanent disability, burial), health care benefits (to be developed within two years), and education/training benefits (skills-for-employment, education-for-development, and seafarers’ upgrading).
OWWA, its assets/properties, contributions collected, accruals/income/investment earnings, and supplies/equipment/papers/documents are exempt from taxes, assessments, fees, and customs/import duties. Benefit payments are also exempt from taxes/fees/charges and are not liable to attachments, garnishment, levy, or seizure (except to pay a debt of the member to OWWA).