Title
Guidelines on OFW Repatriation Tickets and Costs
Law
Poea-owwa Joint Circular No. 01, S. 2002
Decision Date
Mar 19, 2002
The POEA-OWWA Joint Circular establishes guidelines for the repatriation of Overseas Filipino Workers (OFWs), detailing procedures for the provision of return tickets and the reimbursement of repatriation costs advanced by the Overseas Workers Welfare Administration (OWWA) when employers fail to comply.
overseas filipino
workers
repatriation

Legal basis and governing statute

  • The circular is issued in accordance with Republic Act No. 8042, otherwise known as the Migrants Workers and Overseas Filipino Act of 1995.
  • The circular’s cost-bearing rules for repatriation expressly tie to the Emergency Repatriation Fund provided in R.A. 8042.

Purpose and intent

  • The circular establishes a common procedure for the repatriation of OFWs.
  • The circular aims to improve the collection of the cost of tickets advanced by OWWA.
  • The circular governs how repatriation return tickets and Pre-paid Travel Advices (PTAs) are provided and funded.

Key definitions for OFW coverage

  • “Overseas Filipino Workers (OFWs) or Migrant Workers” are persons who are to be engaged, are engaged, or have been engaged in a remunerated activity in a state where they are not legal residents or in a vessel of foreign registry.
  • A person is “to be engaged in a remunerated activity” when the person is promised or assured employment overseas and, acting on that promise or assurance, sustains damage and/or injury.
  • “Documented Migrant Workers” are migrant workers authorized by the receiving country to enter, stay, and engage in employment in that State, including those who:
    • possess valid passports and visas or permits to stay in the host country and whose contracts of employment have been processed by the POEA if required by law or regulation; or
    • are registered by the Filipino Workers Resources Center or by Philippine Overseas Labor Office (POLO).
  • “Undocumented Filipinos” are migrant workers not authorized by the host country to enter, stay, and work, including those who acquired passports through fraud or misrepresentation, have expired visas or permits, have no travel documents, or have valid but inappropriate visas.
  • “Name Hire” refers to a worker who secures an overseas employment opportunity without assistance or participation of any agency, and that opportunity is duly processed by POEA as such.
  • “Direct Hire” refers to a worker hired by members of the diplomatic corps, international organizations, and such other employers as may be allowed by the Secretary of Labor.
  • “Government Hire” refers to a worker hired for overseas employment primarily on a government-to-government arrangement for foreign employers in sectors as policy may dictate through POEA.
  • “Balik-Manggagawa (Vacational Worker)” refers to a landbased contract worker on vacation or emergency leave returning to the same worksite to resume employment.
  • “Agency-Hire” refers to a worker hired through a licensed recruitment placement or manning agency.
  • “PTA” means Pre-paid Travel Advice.
  • “POEA” means the Philippine Overseas Employment Administration.
  • “OWWA” means the Overseas Workers Welfare Administration.
  • “DFA” means the Department of Foreign Affairs.
  • “POLO” means the Philippine Overseas Labor Office.

When repatriation need is triggered

  • When a need for repatriation arises and the foreign employer fails to provide for the cost, the POLO shall notify the POEA so the concerned agency is advised of that repatriation need.
  • If the concerned agency fails to provide the ticket or PTA, the POEA shall inform OWWA within 48 hours from the agency’s non-compliance.
  • POEA shall determine whether the OFW is documented or undocumented.
  • When repatriation costs must be advanced immediately and necessary, OWWA shall advance the needed costs from the Emergency Repatriation Fund, without prejudice to reimbursement.
  • When mandatory repatriation involves underage migrant workers, the responsible officer at the foreign service post shall immediately course the repatriation.

Classification of OFWs and cost rules

  • If the OFW is undocumented, the POEA shall immediately advise the DFA and copy furnish OWWA of the need for repatriation.
  • If the OFW is documented, the POEA shall further classify the deployment type as balik-manggagawa, name hire/direct hire, government hire, or agency hire.
  • For balik-manggagawa, name hire/direct hire, and government hire OFWs, the cost of PTA shall be advanced by OWWA, without prejudice to reimbursement by the appropriate parties.
  • For agency-hire OFWs, the POEA shall notify the concerned agency of the need for repatriation and issue a recourse to documentary suspension, garnishment, or other sanctions as the case may be.
  • Upon compliance by an agency, the agency shall provide the plane ticket or the PTA to the Filipino Workers Resource Center or to the appropriate Philippine Embassy, and notify POEA of compliance, and POEA shall inform OWWA of the action.

Deadlines, compliance steps, and enforcement

  • For agency-hire cases, the POEA shall require the agency to provide the plane ticket or PTA within 48 hours from receipt of the notice.
  • If the agency fails to provide the ticket or PTA within 48 hours, the POEA shall suspend the agency’s license or impose such sanctions as it deems necessary.
  • If the agency fails to comply within 48 hours, OWWA shall advance the cost of repatriation with recourse to the agency or principal.
  • The administrative sanction imposed by POEA shall not be lifted until the agency reimburses OWWA for the cost of repatriation with legal interest.
  • When the principal or agency cannot be identified, cannot be located, or has ceased operations and the worker is in need without means, the OWWA personnel at the jobsite, in coordination with the DFA, shall cause repatriation.

Funding source and chargeable costs

  • In cases where OWWA causes repatriation because the principal or agency cannot be identified, cannot be located, or has ceased operations, all costs attendant to repatriation borne by OWWA shall be chargeable to the Emergency Repatriation Fund under R.A. 8042.
  • In those same cases, costs remain subject to OWWA requiring reimbursement from the agency/employer or the worker in appropriate cases.
  • When repatriation becomes immediate and necessary, OWWA shall advance needed costs from the Emergency Repatriation Fund without prejudice to reimbursement by the deploying agency and/or principal, or the worker in appropriate cases.
  • For mandatory repatriation of underage migrant workers, the cost attendant to the activity shall be borne correspondingly by the agency and/or principal or OWWA or DFA, as the case may be.

Collection, records, and garnishment mechanism

  • OWWA shall take charge of the collection of PTA advances in close coordination with POEA.
  • POEA shall provide OWWA on a monthly basis with a list of agencies that were meted orders of suspension of documentary processing and other sanctions for failure to respond to POEA directives to provide return tickets or PTAs.
  • A suspension order or other sanction shall not be lifted unless OWWA clearance is secured.
  • If the agency continuously fails or refuses to reimburse OWWA of the amount advanced for repatriation, the agency’s bond may be garnished upon order of POEA to satisfy OWWA’s reimbursement claim.
  • OWWA shall maintain records of:
    • a list of the repatriated OFWs;
    • the number of PTA advances;
    • itemized and total repatriation costs advanced by OWWA;
    • the amount paid by agencies to OWWA;
    • names of delinquent payers; and
    • other relevant data.

Effectivity

  • The circular takes effect immediately.

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