Law Summary
State Policies and Objectives
- Protect rights and promote welfare of OFWs and families.
- Ensure ethical private recruitment and dignified work conditions.
- Provide timely services regardless of OFW legal status.
- Promote OFW participation in policymaking.
- Support skills development and reintegration.
- Align with Global Compact for Migration objectives.
- State does not promote overseas employment as economic growth driver but seeks to strengthen domestic labor market.
Key Definitions
- Clarifies terms such as AKSYON Fund, Ethical recruitment, OFW, Manning and Recruitment agencies, Reintegration program, Seafarer.
- OFW defined broadly to cover land and sea-based workers, including contracted but yet to leave.
Powers and Functions of the Department
- Policy formulation and implementation on OFW protection and deployment.
- Regulation of recruitment and employment overseas.
- Investigation and legal action on illegal recruitment and trafficking.
- Welfare programs for OFWs and families.
- International cooperation with DFA and other agencies for bilateral/multilateral agreements.
- Training and skills programs with various government bodies.
- Establishes Emergency Response and media monitoring units.
- Blacklisting system for violators in recruitment and trafficking.
- Promotes professionalization and ethical recruitment.
Department Structure and Leadership
- Composed of Office of the Secretary, Undersecretaries, Assistant Secretaries, Service Units, Bureaus, Regional and Overseas offices (MWO).
- Secretary appointed by the President with Commission on Appointments confirmation.
- Four main Undersecretary offices overseeing internal management, foreign employment and welfare, licensing and adjudication, and policy/international cooperation.
- Secretary holds supervisory and executive powers including policy issuance, managing AKSYON Fund, and deployment bans.
Qualification Restrictions
- Leaders must be Filipino citizens of good moral character with expertise in migration.
- Prohibited for those involved in recruitment business or their relatives up to fourth degree.
- Employment and appointment restrictions extend to related individuals to prevent conflict of interest.
Regional and Overseas Operations
- Regional and provincial offices to be established absorbing existing POEA offices.
- Regional offices to function as one-stop shops for OFW services.
- Migrant Workers Offices (MWO) created in Philippine Foreign Service Posts as operational overseas arms.
- MWO duties include welfare assistance, contract verification, crisis response, legal aid, repatriation, and gender protection.
- MWO personnel are designated as attaches and trained for diplomatic protocols.
Migrant Workers Resource Center (MWRC)
- Under Department supervision, provides temporary shelter and support to distressed OFWs.
Reintegration Program
- Full-cycle national reintegration program covering pre-deployment, employment, and return phases.
- Includes economic, psychosocial, gender responsive support and skills recognition.
- Coordinates with TESDA, DTI, DA, DOST, DOLE, LGUs, and others.
Management Information System
- Establishes computer-based MIS for comprehensive OFW data covering profiles, destinations, skills.
- Ensures data privacy compliance and sex, age, status disaggregation.
- Serves as skills registry aligned with national employment programs.
Consolidation of Agencies
- POEA, DFA’s Migrant Workers Affairs, POLO, ILAB, NRCO, NMP, OSWA consolidated under Department.
- OWWA attached for policy and program coordination but retains operational functions.
Transition and Staffing Provisions
- Two-year transition period for transfer of functions, personnel, assets.
- Staff absorbed with security of tenure, reassignment based on staffing plans.
- Separation incentives provided with conditions to prevent reemployment within five years.
- Transition Committee created to oversee implementation and rules issuance.
Coordination and Oversight
- Coordination mandated with Bangsamoro Labor Ministry respecting its autonomy.
- Congressional Oversight Committee formed for monitoring and annual reporting.
Budget and Appropriations
- Initial funds sourced from current appropriations of subsumed agencies.
- Continued funding included in annual national budget.
Periodic Review
- Presidential Reorganization Commission to conduct evaluation five years after implementation and recommend adjustments.
- Indicators include job creation, social protection coverage, and OFW risk reduction.
Legal and Operational Clauses
- Provision for implementing rules and regulations within set timelines.
- Separability clause maintains validity if parts declared unconstitutional.
- Repeals conflicting laws and regulates effectivity of the law.
This summary reflects comprehensive key provisions, institutional framework, operational guidelines, and policy directives contained in the Act creating the Department of Migrant Workers.