Law Summary
Conditions for Lifting Deployment Ban
- DFA agreed to lift the ban on deployment to countries that guarantee protection for Filipino au pairs.
- The lifting of the ban is subject to compliance with conditions and requirements prescribed by the Department of Labor and Employment (DOLE) and Philippine Overseas Employment Administration (POEA).
Prior Lifts of Ban to Switzerland and Norway
- In March and June 2010, the POEA Governing Board lifted the ban on deployment of Filipino au pairs to Switzerland and Norway.
- Both countries had committed to observe requirements set by the Philippine government regarding the deployment and welfare of Filipino au pairs.
Request and Assurances from Denmark
- Danish authorities requested lifting of the deployment ban for Filipino au pairs based on assurances of protection.
- Denmark committed to complying with Philippine requirements as well as existing Danish regulations for au pairs.
Specific Requirements Imposed on Denmark
- Host families in Denmark must provide compulsory insurance covering repatriation in cases of death, serious injury, or illness of the au pair. This insurance is a condition for the issuance of a resident permit.
- The recruitment and deployment processes for au pairs shall be supervised by POEA/DOLE to ensure compliance and protection.
Legal Findings by DOLE/POEA
- Compliance by Denmark with these requirements is regarded as a concrete measure to safeguard the welfare and protection of Filipino au pairs.
Formal Resolution by the POEA Governing Board
- The ban on deployment of Filipino au pairs to Denmark is formally lifted.
- Filipino au pairs to Denmark shall be classified as Overseas Filipino Workers (OFWs), legally recognizing their formal status.
- The POEA is tasked with issuing implementing guidelines concerning documentation and processing of Filipino au pairs bound for Denmark.
- The guidelines shall take effect 15 days after their publication to ensure proper implementation and compliance.
Signatories and Authority
- The resolution is signed by key officials including the Secretary of Labor and Employment (Chairman of the Governing Board), Vice-Chairman, and other POEA Governing Board members, confirming the legitimacy and official adoption of the resolution.