Key Definitions
- Overseas Filipino Workers (OFWs): Individuals engaged or to be engaged in remunerated activities outside their legal residence countries.
- Documented Migrant Workers: Workers authorized by host countries with valid passports, visas or permits; processed by POEA or registered with authorized Philippine agencies.
- Undocumented Migrant Workers: Individuals without authorization, including those with fraudulent documents, expired visas, no travel documents, or inappropriate visas.
- Name Hire, Direct Hire, Government Hire: Categories defining recruitment methods—direct employment without agencies, diplomatic or government-related hires.
- Balik-Manggagawa: Contract workers temporarily on vacation or emergency leave returning to the same employment.
- Agency-Hire: Workers recruited through licensed agencies.
- Other definitions include PTA (Pre-paid Travel Advice), POEA, OWWA, DFA, and POLO.
Procedures for Repatriation Notification and Ticket Provision
- POLO notifies POEA when foreign employers fail to provide repatriation cost.
- POEA informs concerned agencies to provide return ticket or PTA; failure triggers notification to OWWA within 48 hours.
Classification and Handling of OFWs for Repatriation
- POEA determines the documentation status of OFW (documented vs. undocumented).
- Undocumented: Immediate notification to DFA and OWWA for repatriation arrangements.
- Documented: Further classified into balik-manggagawa, name hire/direct hire, government hire, or agency hire.
- OWWA advances PTA costs for balik-manggagawa, name hire/direct hire, and government hire workers, with right to reimbursement.
- For agency-hire workers, POEA immediately notifies agencies to provide return tickets or PTAs and may impose sanctions for non-compliance.
Sanctions and Responsibilities in Case of Non-Compliance
- Agencies failing to provide tickets/PTAs within 48 hours face license suspension and other penalties.
- OWWA advances repatriation costs with recourse for reimbursement from the agency or principal.
- Administrative sanctions remain until full reimbursement with legal interest is made.
Repatriation in Absence of Identifiable Principal or Agency
- OWWA personnel coordinate with DFA to facilitate repatriation where principal/agency is unidentifiable, unreachable, or defunct.
- Costs in these cases charged to the Emergency Repatriation Fund under RA 8042.
Advancement of Costs for Immediate Repatriation
- OWWA authorized to advance repatriation expenses from the Emergency Repatriation Fund without prejudice to claims for reimbursement.
Special Provisions for Underage Migrant Workers
- Mandatory repatriation of underage workers to be facilitated immediately by responsible foreign service post officer.
- Costs borne by agency/principal, or OWWA/DFA as applicable.
Collection and Coordination of Repatriation Costs
- OWWA tasked with collecting repatriation cost advances in close coordination with POEA.
- POEA provides monthly lists of agencies penalized for non-compliance; sanctions lifted only after clearance from OWWA.
- Agencies persistently refusing reimbursement may have bonds garnished to settle OWWA claims.
Records and Monitoring by OWWA
- OWWA maintains comprehensive records including:
- Lists of repatriated OFWs.
- Number and details of PTA advances.
- Itemized and total cost of repatriations.
- Amounts paid by agencies.
- Names of delinquent payers.
- Other relevant data for monitoring and enforcement.
Effectivity
- The guidelines take effect immediately upon issuance.