Question & AnswerQ&A (IRR Republic Act No. 11641)
The Department of Migrant Workers (DMW) is a government agency created by Republic Act No. 11641 to protect the rights and promote the welfare of Overseas Filipino Workers (OFWs) by consolidating and merging agencies such as the POEA, POLO, ILAB, NRCO, NMP, OSWA, and the Office of the Undersecretary for Migrant Workers' Affairs of the DFA.
The State must protect the rights and welfare of OFWs by ensuring ethical recruitment, obtaining decent work conditions, providing timely services, ensuring OFW participation in policy formulation, and offering skills development and reintegration programs. It also commits to align with the Global Compact for Safe, Orderly and Regular Migration and aims to strengthen the domestic labor market so overseas employment becomes a choice, not a necessity.
Accreditation refers to the grant of authority by the Department of Migrant Workers to a foreign principal or employer allowing recruitment and hiring of Filipino workers through licensed recruitment or manning agencies or other authorized pathways for regular migration.
The AKSYON Fund (Agarang Kalinga at Saklolo para sa mga OFWs na Nangangailangan) is a fund created under Section 14 of the Act to provide legal, medical, financial, and other forms of assistance to OFWs, including repatriation, evacuation, rescue, and protection of rights and welfare.
The Secretary must be a Filipino citizen and resident of the Philippines, of good moral character, proven integrity and competence in public administration, with recognized expertise in governance or experience as an OFW. Persons involved in recruitment and deployment businesses or their relatives up to the fourth degree are disqualified.
The Secretary has executive direction over the Department, establishes policies, issues orders, evaluates the Department's performance, manages the AKSYON Fund, chairs the OWWA Board, may impose deployment bans, adjudicates complaints, and performs other administrative functions under the law.
The Department absorbs all powers of agencies related to overseas employment and is tasked to protect and promote OFW rights and welfare, regulate overseas employment, formulate policies, manage deployment and reintegration, and ensure access to training and global competitiveness for Filipino migrant workers.
MWO serves as the overseas arm of the Department in foreign posts, handling contract verification, monitoring OFW conditions, providing social and legal services, assisting distressed OFWs, coordinating repatriation, managing migrant resource centers, and ensuring protection and welfare services.
The Department has original, exclusive, and appellate jurisdiction over administrative cases involving recruitment violations such as illegal recruitment and disciplinary actions arising from overseas employment, excluding money claims. It has its own adjudication procedures.
Persons guilty of contempt may be fined Php1,000 for contempt against the Secretary or Php500 for contempt against deputies for each act or day of defiance, and may be imprisoned or barred from participating in overseas employment programs until compliance. Appeals may be made to the Secretary.