Implementing Rules of Department of Migrant Workers Act

State policy and program alignment

The State must protect the rights and promote the welfare of Overseas Filipino Workers (OFWs) and their families by ensuring that private recruitment meets professional, legal and ethical standards.
The State must obtain the best possible conditions of work that uphold the dignity of OFWs.
The State must provide timely and responsive services to address OFWs’ needs regardless of legal status.
The State must ensure OFWs’ participation in the formulation of policies affecting their welfare.
The State must provide mechanisms for skills development and reintegration.
The State progressively aligns its programs and policies toward the fulfillment of the twenty-three (23) objectives of the Global Compact for Safe, Orderly and Regular Migration (GCM) and commits to adherence to ratified international conventions and bilateral or multilateral treaties on migration.
The State does not promote overseas employment as a means for economic growth and national development and must aim to make overseas employment a choice and not a necessity.
The State must strengthen the domestic labor market to enable effective reintegration of OFWs.

Core definitions established

Accreditation is the grant of authority by the Department to a foreign principal/employer to recruit and hire Filipino workers through:
- a licensed recruitment agency for overseas employment,
- a licensed manning agency for overseas Filipino seafarers, and
- other pathways for regular migration as authorized by the Secretary.
ASKYON Fund refers to the fund created under Section 14 of the Act for legal, medical, financial, and other assistance to OFWs, including repatriation, shipment of remains, evacuation, rescue, and analogous help.
Conciliation/Mediation are the mandatory alternative dispute resolution mechanisms used by the Department to facilitate settlements of labor and employment issues.
Data Sharing is disclosure or transfer of personal data under a personal information controller’s custody to a third party; when to a personal information processor, it must be upon the controller’s instructions, and it excludes outsourcing and voluntary disclosure by the data subject.
Documented OFW means an OFW with a valid passport and appropriate visa or permit to stay and work in the destination country, and a contract of employment processed by the Department.
Direct Hires are workers directly hired by employers for overseas employment as authorized by the Secretary and processed by the Department, including:
- those hired by international organizations,
- members of the diplomatic corps, and
- name hires/workers who secure overseas employment without agency assistance or participation.
Disciplinary Action is a case filed against migrant workers or foreign principals/employers for violations of overseas employment laws, rules, regulations, and related issuances.
Employment contract includes:
- land-based workers’ individual written agreements based on the master employment contract approved by the Department,
- seafarers’ written standard Department-approved employment contract through tripartite consultation,
- linked & in-between OFWs’ written, sector-specific and Department-approved contract setting standards and specific employment period, and
- other agreements enumerating employment terms and conditions based on the minimum labor standards of the Philippine government and host government.
E-Registration is the online registration system of OFWs.
Ethical recruitment is lawful hiring in a fair and transparent manner respecting and protecting dignity and human rights.
Government to Government Arrangement is an agreement entered by the Philippines with another country on recruitment and placement processes to meet requirements for trained and competent Filipino workers of foreign governments and their instrumentalities and other employers required by public interest.
IACAT means the Inter-Agency Council Against Trafficking.
In distress includes OFWs with medical, psychosocial, or legal problems; abuse or exploitation; human rights violations; and those in a country with war, civil unrest, pandemic, or analogous circumstances requiring medical treatment, hospitalization, counseling, legal representation, rescue, repatriation, or analogous intervention—regardless of immigration status.
Interconnected Sector covers sectors not covered by land-based or sea-based laws or where job sites are not identifiable as land-based or sea-based, including emerging jobs involving mixes of land-based and sea-based work locations and platforms.
Manning agency is a natural or juridical person licensed by the Secretary to recruit and place seafarers and interconnected OFWs.
OFW (Overseas Filipino Worker) refers to a Filipino engaged or to be engaged in a remuneration activity in a country where the person has proper entry documents, who is not an immigrant/permanent resident and is not awaiting naturalization recognition or admission as a temporary visitor or immigrant—whether land-based, sea-based, or interconnected—excluding Filipinos under government-recognized exchange visitor programs for cultural and educational purposes; it is synonymous to Migrant Worker.
OFW clearance is a document issued by the Department attesting to regularity of recruitment, documentation, and registration enabling eligibility to clear immigration controls for overseas employment and avail of OFW privileges under immigration laws.
OWMS (OFW Welfare Monitoring System) is a web-based system used by Philippine recruitment and manning agencies to report the status and condition of deployed OFWs.
Principal is an employer or foreign placement agency hiring/engaging Filipino workers for overseas employment through a licensed private recruitment/manning agency, or through the government.
Processing and Documentation is evaluation of documentary requirements and issuance of OFW clearance as the outcome.
Recruitment agency is a natural or juridical person licensed by the Secretary to recruit and place land-based OFWs.
Recruitment Violation is an act contrary to overseas employment regulations resulting in a case filed against licensed recruitment/manning agencies for violations of laws, rules, regulations, and other issuances.
Repatriation covers bringing distressed OFWs, human remains, and transporting personal effects to the Philippines, including emergency repatriation during political unrest or natural calamities.
Seafarer is an OFW engaged on board a merchant marine vessel plying international waters or other sea-based craft, and for Act/Rules purposes includes fishers onboard commercial fishing vessels on international waters as defined under relevant maritime conventions, cruise ship personnel, yacht crew, those on mobile offshore and drilling units in the high seas, and other similarly situated persons.
Secretary is the Secretary of the Department.
MWRC is the Migrant Workers Resource Center.
Trafficking In Person Blacklist is a central database of information on reported, suspected, tried, and convicted human traffickers and/or local recruitment agencies alleged involved, including pending and decided cases.

Department creation, mandate, and powers

The Department consolidates and merges entities including the POEA recognized under Executive Order No. 247, series of 1987, the DFA unit under Republic Act No. 8042 (as amended), the POLO under DOLE, ILAB under DOLE, the NCRO under OWWA, the NMP under Presidential Decree No. 1369, and OSWA under DSWD, and constitutes them as the Department of Migrant Workers.
The Department is organized structurally and functionally in accordance with the Act.
The Department absorbs the powers, functions and mandates of POEA and the entities enumerated in Section 19 of the Act.
The Department is the primary agency tasked to protect the rights and promote the welfare of OFWs regardless of status and means of entry to the destination country.
The Department must formulate, plan, coordinate, promote, administer, and implement policies and systems for regulating, managing, monitoring overseas employment and reintegration of OFWs, considering national development programs formulated by NEDA.
The Department must promote empowerment and protection by empowering and training Filipinos working overseas with appropriate skills and ensuring access to continuous training and knowledge development.

Department powers, functions, and adjudicatory authority

The Department formulates and implements national policies, plans, programs, and guidelines ensuring protection of OFWs, safe/orderly/regular migration, timely effective resolution of OFWs’ concerns, and effective reintegration.
The Department regulates recruitment, employment, and deployment of OFWs.
The Department investigates, initiates, sues, pursues, and helps prosecute illegal recruitment and human trafficking cases in cooperation with DOJ and IACAT, covering cases defined under:
- Republic Act No. 8042 (as amended by Republic Act No. 10022),
- Republic Act No. 9208 (as amended by Republic Act No. 10364), and
- other existing laws and issuances.
The Department Secretary and authorized deputies have authority to issue subpoenas for investigation and to hold or cite any person in contempt as provided by implementing rules and regulations.
The Department Secretary and authorized deputies may administer oaths in covered investigations.
The Department Secretary and authorized deputies may access all public records and records of private parties and concerns in accordance with law.
The Department protects and promotes the welfare and interests of OFW families consistent with constitutional policies on sanctity of family and valuing youth in nation-building.
The Department supports the DFA in building partnerships with counterpart agencies abroad and continuously monitors economic, political, and labor developments in receiving countries.
The Department supports DFA negotiation of bilateral and multilateral agreements and initiatives primarily concerning labor migration and represents OFW interests in bilateral/regional/multilateral fora and international bodies, subject to written presidential authorization through the Secretary of Foreign Affairs prior to international meetings or negotiations of treaty/executive agreement matters within its mandate.
The Department provides trainings (in cooperation with DepEd, DTI, CHED, TESDA, MARINA, and others) and job matching services to persons desiring to become OFWs.
The Department must encourage information/resource sharing among related agencies and develop an electronic database to improve OFW services under Section 18 (Management Information System) of the Act.
The Department regulates private recruitment and manning agencies for OFW deployment, and may recruit and place workers primarily on government-to-government arrangements.
Under government-to-government placement, the Department deploys only to countries where the Philippines has concluded bilateral agreements/arrangements and where those countries guarantee protection of OFW rights and comply with international laws/standards for migrant workers.
The Department fosters professionalization and ethical recruitment practices and enforces legal/ethical standards, training, and capacity-building of private recruitment and manning agencies.
The Department establishes a 24/7 Emergency Response and Action Center Unit and a media and social media monitoring center for emergency response.
The Department performs functions necessary to achieve Act objectives.
The Department must mandatorily conciliate/mediate complaints involving an OFW, licensed recruitment agency, or principal/employer relating to overseas employment and must formulate policies and standards to strengthen conciliation/mediation as dispute settlement.
The Department has original and exclusive, and appellate jurisdiction over all cases administrative in character involving:
- violations of recruitment rules and regulations (including refunds of fees collected from OFWs and violations related to license issuance conditions), and
- administrative disciplinary action cases excluding money claims.
The Department adjudicatory exercise includes authority to formulate rules and procedures governing proceedings before Overseas Employment Adjudications (OEAs), Regional Directors, and the Office of the Secretary.
The Department requires private recruitment and manning agencies to provide comprehensive insurance to OFWs they deploy, and requires substantially similar benefits for OFWs deployed through other arrangements.
The Department must create:
- a training institute for leadership training (including language, customs, traditions, host-country laws) and handling OFW concerns, with due regard to DFA Foreign Service Institute services and including mandatory retraining when necessary; and
- an institute for advanced and strategic studies on migration and development for research on global migration and development trends.
In coordination with the DFA, the Department conducts regular, timely political and security risk assessments for receiving countries, including adequate evacuation plans communicated to migrant workers for deployment and emergency swift action.
The Department creates and maintains:
- a system for blacklisting persons involved in trafficking as defined under Section 16(h), second paragraph of Republic Act No. 9208 (as amended), including local/foreign agencies, agents, and employers; and
- a shared database of blacklisted persons with concerned Department agencies and IACAT, plus a monitoring system for trafficking and illegal recruitment cases.
The Department may also perform other tasks under existing laws, including functions of the POEA Administrator under Executive Order No. 247 and Republic Act No. 8042 (as amended), and functions of merged/fused agency heads under Section 19 of the Act.

Secretary appointment, qualifications, and conflict

The Secretary is appointed by the President, subject to confirmation by the Commission on Appointments, and the Undersecretaries and Assistant Secretaries are appointed by the President upon recommendation of the Secretary.
No person may be appointed Secretary, Undersecretary, or Assistant Secretary unless the person is a Philippine citizen and resident, of good moral character, of proven integrity and competence in public administration, and has recognized expertise in governance involving and/or experience as OFWs.
No person involved in the business of recruitment and deployment of OFWs may be appointed Secretary, Undersecretary, or Assistant Secretary.
The recruitment business disqualification extends to relatives of such persons up to the fourth degree of consanguinity or affinity.
It is unlawful for any Department official or employee implementing the Act, or their relatives 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 to covered officials or employees.

Department organizational structure and personnel

The Department determines its organizational structure and may create new divisions or units at the national, overseas, regional, provincial, and other levels, and appoints officers/employees under civil service laws.
Republic Act No. 6656 (Government Reorganization Law) governs organization of the Department and reorganization of affected agencies.
The Department consists of the Department Proper (Office of the Secretary, offices of Undersecretaries and Assistant Secretaries, service units/divisions, bureaus, regional offices) and overseas offices called Migrant Workers Office (MWO).
Department personnel categories include Migran Workers Service Officers (MWSO), Migrant Workers Service Staff Officers (MWSSO), and Migrant Workers Service Staff Employees (MWSSE), with class rankings I, II, and III from highest to lowest.
The Secretary assists by no more than four (4) Undersecretaries and the Assistant Secretaries provided under the Act.
The Secretary may transfer, delineate, reassign, or reorganize functional areas/responsibilities of each office as needed.
The initial structure includes specific offices under the Secretary, under each Undersecretary, and under the Office of the Undersecretary for licensing and adjudication, including anti-illegal recruitment, port assistance, and coordination of regional operations.

Secretary powers and annual reporting

Authority for mandate, powers, and functions is vested in the Secretary, who exercises supervision and control over the Department.
The Secretary must provide executive direction, supervision, and control over Department operations and supervise its attached agency for program and policy coordination.
The Secretary must establish policies and standards for effective, efficient, economical Department operations consistent with government programs.
The Secretary issues orders, directives, rules, regulations, and other issuances after due consultation with stakeholders to carry out Act policies and objectives.
The Secretary evaluates policies, plans, programs, projects, performance, and accomplishments and prepares an annual report submitted to the Congressional Oversight Committee under Section 25 of the Act, and made available to the public through the Department website or other means ensuring broad dissemination.
The Secretary advises the President on executive/administrative orders and regulatory/legislative proposals on matters pertaining to OFWs and their families.
The Secretary administers and manages the ASKYON Fund under Section 14 of the Act and issues guidelines for proper utilization.
The Secretary acts as Chairperson of the OWWA Board.
The Secretary sits as a member of IACAT.
Subject to presidential approval and Section 9 of the Act, the Secretary may create additional offices/positions in coordination with DBM and CSC.
The Secretary renders decisions, orders, and resolutions on appealed cases decided by Regional Directors arising from recruitment violations or disciplinary actions.
The Secretary may at any time terminate, suspend, or impose a total ban on deployment of migrant workers when conditions in the receiving country are inimical and not protective of OFW best interest, welfare, and safety, after assessment and consultation with the advisory board on migration and development and the Secretary of DFA.
The Secretary chairs the Inter-Agency Committee on the OFW Hospital under Section 3 of Executive Order No. 154.
The Secretary performs other tasks under existing laws, including POEA Administrator functions under Executive Order No. 247 and Republic Act No. 8042 (as amended).

Regional offices, adjudication functions, and one-stop shops

The Department establishes and maintains regional and provincial/field offices in the different administrative regions of the country.
Existing POEA offices in the regions are absorbed and constituted as DMW Regional Offices.
Within one (1) year from implementation of the Act, there must be at least one (1) regional office in existing regional centers.
Each regional office must have an Overseas Employment Adjudicator handling pre-employment or recruitment violation cases.
Regional Offices are headed by a Regional Director assisted by an Assistant Regional Director, appointed by the President upon recommendation of the Secretary.
The Regional Director exercises administrative control and supervision and represents the Department in local interagency bodies/committees on migrant workers and overseas employment concerns.
Regional Offices perform accreditation functions (Foreign Employers and Job Orders Accreditation), facilitate OFW documentation, assist pre-qualification for government-to-government hired applicants, provide legal assistance and anti-illegal recruitment and trafficking in persons services, and conduct conciliation/mediation conferences.
Regional Offices adjudicate pre-employment or recruitment and disciplinary action cases, assist workers onsite, assist with OFW repatriation (including remains and personal effects), and provide reintegration assistance.
Regional Offices conduct inspections on Philippine recruitment and/or manning agencies to verify compliance with license conditions and issue Department clearance/validation at international and airport departure points.
Regional Offices facilitate updating/editing OFW data through the Helpdesk System and E-Registration System.
Regional/provincial/field offices serve as one-stop shop centers (in coordination with relevant government offices) to facilitate access to prompt, efficient, vital, and relevant services to OFWs and families.
One-stop shop centers serve as the venue for acquiring relevant government clearances and permits, validating overseas job offers, and availing reintegration services and pertinent seminars/workshops for stakeholders.
As far as practicable, OWWA regional offices are located beside the regional office of the Department.
Each Regional Office includes personnel performing social welfare and development programs as determined sufficient by the Secretary.
One-stop shop centers include government offices such as the Professional Regulation Commission, Maritime Industry Authority, TESDA, OWWA, Philippine Statistics Authority, Tourism Infrastructure and Enterprise Zone Authority, DFA Office of Consular Affairs, DSWD, NBI, Pag-IBIG, PNP, Bureau of Immigration, and Bureau of Internal Revenue.

Migrant Workers Office (MWO) abroad

The MWO at Philippine Foreign Service Posts is the overseas operating arm of the Department.
Within three (3) years from the effectivity of the Act, all Philippine Foreign Service Posts must have, as practicable, an operating MWO, prioritizing posts with large OFW concentrations.
Each MWO has the same jurisdiction, including concurrent and consular jurisdiction, as the Foreign Service Post where it is attached.
An MWO adsorbs POLO powers/functions, OSWA powers/functions, and ATN units’ existing functions regarding OFWs in embassies and consulates.
DFA must ensure that at least one consular official is available at all times to perform consular functions supporting MWO operations.
Each MWO maintains a Center for 24-hour monitoring of media and social media to respond to unfolding events affecting OFWs.
MWOs verify employment contracts and other employment-related documents.
MWOs monitor and report to the Secretary policy developments in the receiving country affecting OFWs and Philippine labor policies.
MWOs, in coordination with the Philippine Embassy or Consulate, pursue discussions with host-country government agencies and/or other embassies and international organizations on labor and related issues.
MWOs verify whereabouts, status, and condition of OFWs consistent with host-country laws and regulations in teamwork with the Foreign Service Post and coordination with appropriate host authorities.
MWOs ensure welfare and interests of OFWs and assist them in problems arising from employer-employee relationships, including work contract violations, nonpayment of wages/benefits, illegal dismissal, and other violations.
MWOs supervise and coordinate MWRC operations.
MWOs provide social and welfare programs and services including social assistance, education and training, cultural services, financial management, reintegration, and entrepreneurial development.
MWOs provide prompt and appropriate response to global emergencies through close cooperation with the DFA.
MWOs manage cases and provide psychosocial services for OFWs in distress, including trafficking victims, illegal recruitment victims, rape/sexual abuse victims, maltreatment, and cases of abandoned or neglected children.
MWOs assist victims of kidnapping, hostage situations, and other crimes in coordination with the DFA.
MWOs conduct hospital visitation and provide necessary assistance until full recovery where practicable and appropriate.
MWOs facilitate repatriation of distressed OFWs and their families, including shipment of remains and personal belongings.
MWOs provide legal or other assistance in labor, criminal, immigration, and other cases filed by or against OFWs, whether detained or not.
MWOs deploy lawyer-interpreter teams covered by DFA consular officers to provide initial legal assessment and ensure OFWs are not made to sign documents in languages they do not understand.
MWOs protect women migrant workers by ensuring a gender focal point officer designation in offices and MWRCs, and by conducting regular gender-sensitivity including ending VAW training and conducting gender audits to assess program responsiveness.
MWOs prepare official social welfare situationers through surveys and profiling of OFWs assigned to the area.
MWOs establish networks with overseas-based social welfare agencies and/or individuals/groups to mobilize social services.
MWOs maintain a data bank and documentation of OFWs and their families for effective welfare service delivery.
MWOs submit regular reports to the Secretary and the DFA on plans, activities, recommendations, and updates on OFW situations, particularly those encountering difficulties, forming part of the semi-annual report to Congress under Section 33 of Republic Act No. 8042 (as amended).
MWOs regularly update the online database system under the Act to ensure timely and effective welfare services.
MWOs engage and negotiate with host-country agencies, in coordination with the Embassy or Consulate, to ensure fair application of labor and social welfare laws to Filipino migrant workers and to enable bilateral skills certification and mutual recognition of training equivalency.
MWOs perform other functions assigned by the Secretary.

MWO staffing, designation, and discipline process

MWO deployed officials are designated as Migrant Workers Service Attaches subject to prior clearance from the Secretary of Foreign Affairs.
No MWO official serves as acting principal officer of any embassy, consulate general, or consulate or precedes in rank any Foreign Service Officer performing such functions.
The MWO is headed by a Migrant Workers Service Attache and assisted by at least one Assistant Migrant Workers Service Attache handling employment or welfare concerns, plus technical and administrative staff including IT specialists.
The Head of MWO may recommend local hires such as drivers, interpreters, and administrative assistants when urgently needed.
Officials and staff are assigned by the Secretary mostly from among the Department’s overseas personnel pool, and OWWA personnel at the MWO are likewise assigned by the Secretary.
The Head of MWO has authority over all MWO personnel including personnel from other agencies assigned to the MWO and has direct supervision/control over MWRC implementation, operations, and management, while the Assistant Migrant Workers Service Attache manages MWRC day-to-day operations.
The Secretary designates a qualified ranking Migrant Workers Service Officer to head the MWO with preference for a migration specialist having at least five (5) years of experience in external/labor migration.
The Secretary designates a similarly qualified MWS Officer as Assistant Migrant Workers Service Attache with added designation as Assistant Head of the MWO and Manager of the MWRC.
The MWO absorbs existing overseas personnel of DOLE/POLO, OSWA, and OWWA as the initial pool for deployment, and the Secretary may expand or contract the pool consistent with approved staffing patterns as needs arise.
Qualifications, hiring, selection, continuous training/education, merit promotion system, and rotation/redeployment/recall are established by the Department in accordance with its rules and regulations through an MWO Manual of Operations covering systems and standards.
The MWO is under the primary authority of the Secretary but under the general supervision of the Head of Foreign Service Post.

One-Country Team rule abroad

MWO officials abroad adhere to the One Country Team Approach, where all Philippine government officers posted abroad act as one country team with a mission under the Ambassador/Consul General leadership.
The Ambassador/Consul General, through the DFA Secretary, may recommend recall of MWO Department officers/personnel for misbehavior, misconduct, or other acts prejudicial or inimical to national interest, or failure to provide services to protect OFW rights or perform required duties.
The Secretary must prioritize fact-finding on DFA recommendations and must decide to approve or disapprove the recommended disciplinary action within fifteen (15) calendar days from receipt.

Migrant Workers Resource Center (MWRC)

The Department establishes a Migrant Workers Resource Center (MWRC) in countries with large OFW concentrations.
Where practicable, an MWRC is established within the premises of the Philippine Foreign Service Post.
If an MWOFRC exists in the jurisdiction of a Foreign Service Post, that facility is constituted as the MWRC in that Post.
When an MWRC is outside the Foreign Service Post premises, DFA endeavors to secure receiving-government recognition for the MWRC.
The MWRC absorbs MWOFRC powers and functions provided under Republic Act No. 8042 (as amended).
The MWRC provides temporary shelters to distressed OFWs in addition to absorbed resource center functions.
Day-to-day operations and activities are managed by the MWO Assistant Head under direct supervision and control of the MWO Head.
The MWO Head keeps the Chief of Mission informed and updated, including written reports submitted at least quarterly.
Admission rules and training conduct at the