Establish Dept. of Migrant Workers, define powers

State policy and international alignment

The State must protect the rights and promote the welfare of OFWs and their families by ensuring private recruitment meets professional, legal, and ethical standards; obtaining best possible conditions of work upholding OFW dignity; providing timely and responsive services regardless of legal status; ensuring OFW participation in welfare policy formulation; and providing mechanisms for skills development and reintegration under Section 2.
The State commits to progressively align programs and policies toward the fulfillment of the twenty-three (23) objectives of the Global Compact for Sale, Orderly and Regular Migration (GCM) through adherence to ratified international conventions and bilateral or multilateral treaties on migration under Section 2.
The State does not promote overseas employment as a means to economic growth and national development; it must aim to make overseas employment a choice and not a necessity, strengthen the domestic labor market for effective reintegration, and institute measures for reintegration under Section 2.

Core definitions used

AKSYON Fund means the fund created under Section 14 to provide legal, medical, financial, and other forms of assistance to OFWs including repatriation, shipment of remains, evacuation, rescue, and analogous help or intervention to protect Filipino nationals’ rights.
Ethical recruitment means lawful hiring of workers in a fair and transparent manner that respects and protects dignity and human rights.
In distress covers an overseas Filipino (regardless of immigration status) who has a medical, psychosocial, or legal problem; is experiencing abuse or exploitation; whose human rights are violated; or is in a country in actual or potential war, civil unrest, pandemic, or analogous circumstances requiring medical treatment, hospitalization, counseling, legal representation, rescue, repatriation, analogous intervention, including repatriation of remains.
License means the document issued by the Secretary authorizing a natural or juridical person to operate a private recruitment or manning agency.
Manning agency means a natural or juridical person duly licensed by the Secretary to engage in recruitment and placement of seafarers.
Overseas employment means employment outside the Philippines.
Overseas Filipino Worker (OFW) means a Filipino to be engaged, engaged, or previously engaged in remunerated activity in a country where the Filipino is not an immigrant, citizen, or permanent resident, or is not awaiting naturalization, recognition, or admission, whether land-based or sea-based regardless of status, and excluding a Filipino engaged under a government-recognized exchange visitor program for cultural and educational purposes; it includes persons contracted for overseas employment but not yet left the Philippines, regardless of status, and includes Overseas Contract Workers, and OFW is synonymous to Migrant Worker.
Recruitment agency means a natural or juridical person duly licensed by the Secretary to engage in recruitment and placement of land-based OFWs.
Reintegration program means measures intended for mainstreaming and sustainable return of OFWs into Philippine society, including livelihood projects, wellness programs, financial literacy programs, and similar projects based on specific needs and skills of returning OFWs.
Seafarer means an OFW engaged in employment in any capacity on board a merchant marine vessel plying international waters or other sea-based craft similarly situated; it includes fishers onboard commercial fishing vessels on international waters as defined under relevant maritime conventions, cruise ship personnel, yacht crew, those serving on mobile offshore and drilling units in the high seas, and persons similarly situated.

Department powers, functions, and officers

The Department must: (a) formulate, recommend, and implement national policies, plans, programs, and guidelines for protection of OFWs, safe orderly and regular migration, promotion of interests, timely and effective resolution of problems, and effective reintegration; (b) regulate recruitment, employment, and deployment of OFWs under Section 6.
The Department must investigate, initiate, sue, pursue, and help prosecute illegal recruitment and human trafficking cases as defined under Republic Act No. 8042, as amended by Republic Act No. 10022, and under Republic Act No. 9208, as amended by Republic Act No. 10364, and other existing laws under Section 6.
Under Section 6, the Department Secretary and authorized deputy may: issue subpoena or subpoena duces tecum; hold or cite a person in contempt as may be provided by the implementing rules and regulations; administer oaths; and access all public records and records of private parties and concerns in accordance with law.
The Department must protect and promote OFW families’ welfare consistent with sanctity of the family and valuing youth role, and support DFA and relevant agencies for partnerships in foreign countries and monitor labor, political, and economic developments affecting OFWs under Section 6.
The Department must support and assist DFA in negotiation of bilateral and multilateral labor migration agreements and represent OFW interests in bilateral/regional/multilateral fora and international bodies; a written authorization by the President through the Secretary of Foreign Affairs is required prior to any international meeting or negotiation of a treaty or executive agreement within the Department’s mandate under Section 6(g).
The Department must provide, in coordination with specified agencies and private stakeholders, trainings for global competitiveness of OFWs and job matching services for persons desiring to become OFWs under Section 6(h).
The Department must encourage and enhance information and resource sharing, develop an electric database to improve services for OFWs, regulate operations of private recruitment and manning agencies, and foster professionalization and ethical recruitment practices while ensuring compliance with legal and ethical standards under Section 6(i)-(k).
The Department must establish a 24/7 Emergency Response and Action Center Unit and a media and social media monitoring center under Section 6(l).
The Department must create a system for blacklisting natural and juridical persons, including local and foreign recruitment agencies, agents, and employers involved in trafficking as defined under Section 16(h), second paragraph of Republic Act No. 9208, as amended, create and update a database shared within concerned Department agencies and with IACAT, and establish a monitoring system for trafficking and illegal recruitment cases under Section 6(r).
The Department must require private recruitment and manning agencies to provide comprehensive insurance to OFWs they deploy, and for OFWs deployed through other arrangements, provide a substantially similar benefit under Section 6(n).
The Department must develop and create: (1) a training institute for analytical and strategic leadership programs for Department employees, especially those working overseas, including language, customs, traditions, and host-country laws, and methods for handling OFW concerns, with due regard to DFA’s Foreign Service Institute; and (2) an institute for advanced and strategic studies on migration and development under Section 6(o)-(p).
The Department must, in coordination with DFA, conduct regular, timely political and security risk assessments for receiving countries and require adequate evacuation plans communicated to migrant workers, beyond deployment purposes and for emergencies requiring swift actions including possible evacuation under Section 6(q).
The Department’s powers and functions must not limit or diminish DFA’s independent foreign policy pursuit or conduct of foreign relations and treaty negotiations; OFW welfare is a pillar of Philippine foreign policy and DFA must continue assistance to other Filipino nationals not covered under the Act under the last paragraphs of Section 6.

Organizational structure and leadership

The Department consists of the Department Proper (Office of the Secretary, offices of Undersecretaries and Assistance Secretaries, service units, bureaus, regional offices, and Overseas offices called Migrant Workers Office (MWO)) under Section 7.
The Secretary is appointed by the President and confirmed by the Commission on Appointments under the Constitution under Section 7.
The Undersecretaries and Assistant Secretaries are appointed by the President upon the recommendation of the Secretary under Section 7.
The Secretary exercises supervision and control over the Department and holds the detailed powers and functions listed in Section 8.
The Secretary must issue orders, directives, rules, regulations, and other issuances upon due consultation with stakeholders and must render decisions/orders/resolutions on appeal from decisions by Regional Directors on recruitment violations or disciplinary actions under Section 8(c) and Section 8(j).
The Secretary must manage the AKSYON Fund and issue guidelines for its utilization, and act as Chairperson of the OWWA Board, and sit as member of IACAT under Section 8(f), 8(g), and 8(h).
The Secretary must act as a Chairperson of the Inter-Agency Committee on the OFW Hospital under Section 8(l) and may impose a total ban on the deployment of migrant workers when conditions in receiving country/region are inimical and not protective of best interest, welfare, and safety after consultation and in consonance with Republic Act No. 8042, as amended under Section 8(k).

Department offices, appointments, and qualifications

The Secretary is assisted by no more than four (4) Undersecretaries and Assistant Secretaries; the Secretary may transfer, delineate, reassign, or reorganize functional areas/responsibilities of each office under Section 9.
The Act creates specific offices, each headed by an Undersecretary with additional staff, including:
- Office of the Undersecretary for Internal Management and Administration (functions including records management, supplies/equipment, collections and disbursements, building administration and maintenance, security, custodial work; personnel programs; supervision over one Assistant Secretary) under Section 9(a).
- Office of the Undersecretary for Foreign Employment and Welfare Services (functions including planning coordination, OWWA coordination, prompt crisis response including ATN and other services without prejudice to reimbursement, AKSYON Fund administration and disbursement, coordination with foreign service posts for legal assistance, staffing and oversight of MWO and welfare/employment/pre-employment/reintegration offices, management of NRCO reintegration program oversight, and supervision over Assistant Secretary functions) under Section 9(b).
- Office of the Undersecretary for Licensing and Adjudication under Section 9(c).
- Office of the Undersecretary for Policy and International Cooperation subsuming ILAB labor migration substantive functions, monitoring international commitments, coordinating treaty negotiations with the Department of Foreign Affairs (DFA), executing advocacy raising awareness on illegal recruitment and trafficking and access to policies, and exercising control over one Assistant Secretary under Section 9(d).
The Department places under the Office of the Secretary an Office for Land-based OFW Concerns and an Office for Sea-based OFW Concerns, each headed by an Assistant Secretary; the National Maritime Polytechnic (NMP) is under control and supervision of the Office for Sea-based OFW Concerns under Section 9.
The Department creates an Office for Internal Audit to conduct objective evaluation of Department compliance with mandate, functions, programs, projects, activities, and outputs under Section 9.
The Department Secretary/Undersecretaries/Assistant Secretaries must be Filipino citizens and residents, of good moral character, proven integrity and competence in public administration, and have recognized expertise in governance involving and/or experience as OFWs under Section 10.
No person involved in the business of recruitment and deployment of OFWs may be appointed as Secretary, Undersecretary, or Assistant Secretary; the prohibition also applies to relatives within the fourth degree of consanguinity or affinity under Section 10.
It is unlawful for a Department official/employee or related persons within the fourth degree of consanguinity or affinity to engage directly or indirectly in recruitment and placement of OFWs; upon conviction, penalties under Republic Act No. 8042, as amended apply under Section 10.

Regional offices and one-stop services

The Department must establish, operate, and maintain regional and provincial/field offices as necessary in administrative regions; existing POEA regional offices are absorbed under Section 11.
Within one (1) year from the implementation of the Act, at least one (1) regional office must be established in existing regional centers under Section 11.
Each regional office must have an adjudication officer handling pre-employment or recruitment cases within the jurisdiction of the POEA (now the Department) under Section 11.
Regional, provincial, and/or field offices must, in coordination with relevant government offices, serve as one-stop shop centers for prompt, efficient, vital, and relevant services to OFWs and families, including acquisition of government clearances and permits, validation of overseas job offers, availment of reintegration services, and pertinent seminars/workshops for stakeholders under Section 11.
OWWA regional offices must be located beside the Department’s regional office as far as practicable under Section 11.

Sector bodies, AKSYON Fund, MWOs

The Department may create sectoral and industry task forces, technical working groups, advisory bodies, or committees to further its objectives, appointing representatives from OFWs/OFW organizations, NGOs, civil society, academe, private industries involved in recruitment and placement, and other government agencies, LGUs, and GOCCs under Section 13.
The Maritime Industry Tripartite Council (MITC) and the Overseas Land-based Tripartite Consultative Council (OLTCC) are transferred to the Department to continue tripartite advisement and consultation in line with Republic Act No. 10395 under Section 13.
The AKSYON Fund is established to provide legal and other forms of assistance to OFWs separate from DFA-managed funds; DFA retains ATN and Legal Assistance Funds for other overseas Filipinos and consular assistance under Section 14.
An initial appropriate amount for AKSYON Fund must be provided in the General Appropriations Act of the year following enactment and an appropriate amount for every year thereafter to provide assistance at Foreign Service Posts where MWO have been established and staffed under Section 14.
Within thirty (30) days from promulgation, the Secretary must issue necessary AKSYON Fund guidelines after consultation with relevant stakeholders under Section 14.
The Act requires an appropriation to the DFA to perform functions of the MWO in Foreign Service Posts where no such office exists yet under Section 14.
MWO is the operating arm overseas of the Department under Section 15; within three (3) years from effectivity, all Philippine Foreign Service Posts must have an existing and operational MWO as far as practicable, prioritizing countries with large concentration of OFWs under Section 15.
Each MWO has the same jurisdiction, including concurrent and consular jurisdiction, as its attached Foreign Service Post under Section 15.
MWOs must absorb POLO and OSWA functions/powers and ATN units’ powers/functions in all embassies/consulates and must perform listed functions including: welfare protection and assistance in employer-employee disputes; verification of contracts/documents; monitoring and reporting conditions affecting OFWs; labor issue discussions with foreign governments; supervision and coordination of MWRC; social welfare programs and services; crisis response with DFA; psychosocial services in distress; online database updates; repatriation facilitation including shipment of remains/personal belongings; verification of whereabouts/status/condition; legal assistance in labor/criminal/immigration cases; assistance to victims of illegal recruitment/trafficking and other crimes; hospital visitation assistance; gender protection measures including designation of a gender focal point officer and ending-VAW training and gender audits; and other assigned functions under Section 15(a)-(p).
MWRC and MWO operations require compliance with the One Country-Team Approach and complement DFA diplomatic/consular functions; MWO officials deployed at Posts are designated as attaches subject to prior clearance from the Secretary of Foreign Affairs under Section 15.
MWO officials’ deployment and performance follow the Philippine Foreign Service Act of 1991, the Vienna Convention on Consular Relations, the Vienna Convention on Diplomatic Relations, and receiving State rules under Section 15.
OWWA Welfare Officers must work jointly with the MWO and hold office therein to the extent practicable under Section 15.

MWRC, full-cycle reintegration, MIS

MWRC absorbs powers and functions of the Migrant Workers and Other Filipinos Resource Center under Republic Act No. 8042, as amended, is under the Department, and must provide temporary shelters to distressed OFWs under Section 16.
MWRC day-to-day operations are supervised and coordinated by the Head of MWRC who keeps the Chief of Mission informed, with a written report submitted at least quarterly under Section 16.
The Department must develop and implement a full-cycle and comprehensive national reintegration program embedded in pre-deployment, on-site during employment, and upon return whether voluntary or involuntary for both documented and undocumented OFWs under Section 17.
Reintegration program must cover economic, social, psychosocial, gender-responsive, and cultural support, including skills certification and recognition of equivalency for effective employment services, and must ensure contribution to national development through investments and transfer of technology from skilled/professional OFWs under Section 17.
The reintegration program must include promoting access to social protection instruments and financial services and reintegration of survivors of VAW and trafficking in persons under Section 17.
The National Reintegration Center for OFWs (NRCO) serves as lead office and coordinates OFW training/programs/services of TESDA, DTI, DA, DOST, DOLE, and LGUs, among others under Section 17.
The Department must establish a computer-based Management Information System (MIS) and shared access parameters within six (6) months from approval/adoption of implementing rules and regulations under Section 18.
The MIS must respect the Data Privacy Act of 2012 (Republic Act No. 10173) and Section 20 of Republic Act No. 8042 and must include OFW basic profiles, destination countries, skills, experience, and professional capabilities under Section 18.
MIS data must be disaggregated by sex, age, migratory status, country of destination, and other relevant parameters; departmental databases must integrate into the Department’s main MIS and serve as a registry of skills, congruent with DOLE, DTI, DPWH, DA, DOT, and NEDA national industrialization and employment programs, as far as practicable, under Section 18.
The Department must regularly update the system with real-time data and include MIS establishment/maintenance in the annual budget under Section 18.

Consolidations, attached agency, and transition

The following agencies and functions are consolidated and merged into the Department, with the Department assuming and performing all their powers and functions under Section 19: (a) POEA (under Executive Order No. 247 and Republic Act No. 8042, as amended); (b) DFA’s OUMWA (under Republic Act No. 8042, as amended); (c) all POLO under DOLE; (d) ILAB under DOLE; (e) NRCO under OWWA; (f) NMP under DOLE; and (g) OSWA under DSWD.
OWWA is attached to the Department for purposes of policy and program coordination under Section 20, while continuing to function under its charter except as provided by the Act.
OWWA Fund is used for welfare of member-OFWs and families, and no fund may be withdrawn from the OWWA Fund to respond, supplement, or augment expenditures by other government agencies under Section 20.
The Act provides that nothing diminishes benefits already received by OFWs and families from the OWWA Fund or replaces/diminishes retirement, death, or disability benefits and entitlements from mandated social protection schemes under Section 20.
The Secretary must replace the Secretary of Labor and Employment as member of OWWA Board of Trustees and act as Chairperson; DOLE Secretary remains a member; and POEA Administrator is replaced by the SSS President as member under Section 20.
The Department must form a body with OWWA, SSS, and other relevant agencies within a reasonable time to find ways to extend the actuarial life of the OWWA Fund under Section 20.
Transfer of affected agencies’ functions under Section 21 includes transfer of functions, appropriations, funds, records, equipment, facilities, properties, assets, and liabilities, and holdover performance of personnel in accordance with the Act and relevant laws.
Personnel from transferred entities whose positions are not included in the new position structure and staffing patterns approved by the Secretary, or not reappointed, are entitled to benefits under Section 22 under Section 21.
Philippine Foreign Service personnel remain under DFA except those whose positions are created under Republic Act No. 8042, as amended by Republic Act No. 10022 under Section 21.
Existing employees of transferred and subsumed agencies enjoy security of tenure and are absorbed by the Department according to staffing patterns and selection process under Republic Act No. 6656 under Section 22.
Employees separated within six (6) months from effectivity due to organization and reorganization must receive separations benefits under Government Reorganization Law and other applicable laws; qualified employees to retire may retire under existing retirement laws under Section 22.
Separated employees must receive additional separation incentives based on years of service computed on actual monthly basic salary as of DBM approval date of organizational structure and staffing pattern under Section 22, with percentages:
- 50% for less than 11 years of service,
- 75% for 11 to less than 21 years,
- 100% for 21 to less than 31 years, and
- 125% for 31 years and above.
Personnel separated due to rationalization who receive incentives may not be reemployed in any Executive Branch agency for five (5) years, except as teaching or medical staff in educational institutions and hospitals under Section 22.
Reemployed personnel within the prohibited period must return separation incentives on a pro-rated basis under Section 22.
Consultancy services by retired or separated personnel are governed by Republic Act No. 6713 under Section 22.
Transfer of functions, assets, funds, equipment, properties, transactions, and personnel, and formulation of internal organic structure, staffing pattern, operating system, and revised budget must be completed within two (2) years from effectivity under Section 23.
A Transition Committee is created under Section 23 composed of: Department of Migrant Workers Secretary; DFA Undersecretary for Office of Migrant Workers Affairs; POEA Administrator; DOLE ILAB Director; OWWA NRCO Director; DOLE National Maritime Polytechnic Director; and DSWD OSWA Director.
Transition Committee must facilitate complete and full Department operation not later than two (2) years after effectivity and promulgate implementing rules for smooth orderly transfer under Section 23.
Transition Committee tasks and deadlines under Section 23:
- Formulate implementing rules within sixty (60) days after effectivity,
- Publish implementing rules within seventy-five (75) days after effectivity,
- Create staffing pattern with DBM within one hundred twenty (120) days after effectivity,
- Submit Department budget for fiscal year 2023, and implement personnel training.
The Department shall not be constituted without: appropriation in the 2023 General Appropriations Act, effective implementing rules and regulations, and a staffing pattern under Section 23.

Coordination with Bangsamoro and oversight

The Department must closely coordinate with the Bangsamoro Ministry of Labor and Employment (MOLE) on training, protection, and deployment of overseas Bangsamoro workers under Section 24.
Coordination must not affect or impede Bangsamoro MOLE authority on labor, employment, and occupation under Section 24.
Field offices transferred from POEA and other related offices pursuant to Republic Act No. 11054 or the Bangsamoro Organic Law (BOL) are excluded from coverage of the Act under Section 24.
A Congressional Oversight Committee on Migrant Workers monitors and oversees implementation under Section 25.
The Committee has six (6) members from the Senate and six (6) members from the House of Representatives, with the House Committee on Overseas Workers Affairs Chair and the Senate Committee on Labor, Employment and Human Resources Development Chair as co-chairpersons under Section 25.
The minority has pro rata representation but must have at least two (2) representatives from each Chamber under Section 25.
The Department must submit an annual report to the Committee within thirty (30) days from end of each calendar year under Section 25, detailing: number of OFWs per country/region; status reports including problems and issues; and other relevant information to inform public and policymakers.
The annual report must include:
- a master list of Filipino migrant workers and inventory of pending cases including those serving prison terms,
- working conditions,
- problems encountered including violations of rights,
- initiatives/actions by Philippine Foreign Service Posts,
- changes in host-country laws and policies, and
- status of negotiations on bilateral labor agreements under Section 25.
Any government officer who fails to submit the report faces an administrative penalty of dismissal with disqualification to hold any appointive public office for five (5) years under Section 25.

Appropriations, implementing rules, review, and final clauses

Initial implementation needs are taken from the current year appropriations of agencies/entities/divisions/sections/bodies subsumed or transferred to the Department, and continued implementation funds must be included in the annual General Appro