Legal basis and governing framework
- The Circular is issued pursuant to Section 37-A of Republic Act No. 8042 (The Migrant Workers and Overseas Filipinos Act of 1995), as amended by Republic Act No. 10022.
- The Circular is anchored on Rule XVI of the Omnibus Rules and Regulations Implementing Republic Act No. 8042, as amended by Republic Act No. 10022.
- The Circular issues guidelines to implement the compulsory insurance coverage required under Section 37-A of Republic Act No. 8042, as amended by Republic Act No. 10022.
Coverage: who must be insured
- All agency-hired overseas Filipino workers (OFWs)—whether landbased or seabased—must be covered by a compulsory insurance coverage.
- The compulsory coverage must be issued by an insurance provider that is duly licensed and certified by the Insurance Commission.
- Agency-hired OFWs are defined in the Circular as those hired through POEA licensed land-based recruitment or manning agencies.
Insurance duration and minimum contingencies
- The insurance coverage takes effect for the duration of the worker’s employment contract.
- The coverage must cover, at the minimum, these contingencies:
- accidental death
- natural death
- permanent total disability
- repatriation cost
- subsistence allowance
- settlement allowance
- compassionate visit
- medical evacuation
- medical repatriation
Who pays and what cannot be charged
- The recruitment/manning agency or the foreign principal/employer must pay the cost of the insurance coverage.
- The cost of the insurance coverage cannot be charged directly or indirectly to the agency-hired OFW.
Documentation for POEA exit clearance
- The Circular requires compliance with POEA requirements for the issuance of the overseas employment certificate (POEA exit clearance).
- In addition to those requirements, the recruitment/manning agency must present insurance-related documents when processing the employment documents of the OFWs.
Requirements for landbased workers
- For landbased Filipino workers, recruitment agencies must present an original copy of the insurance policy for each OFW.
- For each landbased OFW, agencies must submit a one (1) page document detailing:
- the name of the worker
- the principal
- the insurance provider
- the insurance policy number
- For group insurance, agencies must provide a Proof of Cover issued to the individual insured OFW.
- For group insurance, the Proof of Cover must also be pre-approved by the Insurance Commission.
Requirements for seafarers and vessel coverage
- For seafarers, manning agencies must submit a certificate or other proof of cover signed by its principal when deploying seafarers on vessels with policies issued by foreign insurance companies.
- The seafarers’ deployment cover includes cases where foreign arrangements provide indemnity cover to the vessel.
- Manning agencies must submit the certificate or proof of cover, and a copy of the standard Certificate of Cover is attached for reference.
- Where the principal’s vessel is not covered by any indemnity insurance, manning agencies must secure insurance policies from insurance companies duly licensed and certified/authorized by the Insurance Commission to underwrite insurance policies for overseas Filipino workers.
In-house processing scheme
- Agencies whose workers/seafarers were processed through the in-house processing scheme must submit to the POEA the insurance policies/indemnity cover of their workers prior to deployment.
Sanctions for violations and effectivity
- Violation by the recruitment/manning agency and/or the foreign principal is a ground for the imposition of appropriate sanctions under the POEA Rules and Regulations and other applicable laws.
- The Circular takes effect fifteen (15) days from the date of publication in a newspaper of general circulation.