Declaration of Policies
- Upholds dignity and rights of Filipino citizens at home and overseas, especially migrant workers.
- Promotes full employment, equality of employment opportunities locally.
- Provides social, economic, legal services to Filipino migrant workers.
- Overseas employment is not promoted as economic growth means but rests on protection of migrant workers' rights.
- Prioritizes local employment creation and equitable wealth distribution.
- Affirms gender equality and applies gender sensitivity in policies affecting migrant workers.
- Guarantees free access to courts and adequate legal aid regardless of poverty.
- Ensures protection of documented and undocumented overseas Filipinos.
- Guarantees the right of migrant workers to participate in democratic processes.
- Encourages deployment of only skilled workers as ultimate protection.
- Recognizes NGOs as partners in welfare promotion.
- Government fees for recruitment and placement shall be free.
- Encourages deployment via licensed local agencies, with possible incentives.
Definitions
- "Migrant worker": Person engaged in paid work abroad who is not a legal resident there.
- "Gender-sensitivity": Awareness of societal gender inequalities and committed action.
- "Overseas Filipinos": Dependents of migrant workers and Filipinos abroad in distress.
Deployment of Migrant Workers
- Deployment allowed only to countries that protect migrant workers' rights through laws, treaties, bilateral agreements, or positive actions.
Termination or Ban on Deployment
- Government may terminate or ban deployment anytime in the national interest or public welfare.
Illegal Recruitment: Definition
- Includes unauthorized recruitment, canvassing, transporting, or employing workers abroad by non-licensees.
- Includes acts like overcharging, providing false information, contract substitution without approval, obstructing inspection.
- Considered economic sabotage if committed by syndicate or on a large scale.
- Criminal liability extends to principals, accomplices; corporate officers liable in juridical persons.
Illegal Recruitment: Penalties
- Imprisonment of 6 years 1 day to 12 years and fines from ₱200,000 to ₱500,000.
- Life imprisonment and higher fines if it constitutes economic sabotage.
- Maximum penalties if victim is under 18 or perpetrated by non-licensee.
Prohibition on Officials and Employees
- Officials/employees of DOLE, POEA, OWWA, DFA, and relatives within 4th civil degree prohibited from engaging in recruitment business.
- Same penalties as illegal recruitment apply.
Venue for Illegal Recruitment Cases
- Cases filed in Regional Trial Court where offense occurred or victim resides.
- First filing court has exclusive jurisdiction.
Monetary Claims Jurisdiction
- National Labor Relations Commission has exclusive original jurisdiction over money claims related to overseas employment.
- Joint and several liabilities on employers and recruitment agencies.
- Performance bonds cover money claims.
- Officials handling cases have mandatory resolution periods and penalties for delay include salary withholding, suspension, or dismissal.
Mandatory Periods for Resolution
- Preliminary investigation to be completed in 30 days.
- Information filed in court within 24 to 48 hours after investigation.
Prescriptive Periods for Illegal Recruitment
- Cases prescribe in 5 years, or 20 years if economic sabotage involved.
Free Legal Assistance and Witness Protection
- Mechanism for free legal aid established via DOLE and cooperation with DOJ, IBP, NGOs.
- Victims entitled to Witness Protection Program.
Travel Advisory and Information Dissemination
- Embassies/consulates must issue regular advisories on labor, migration conditions, rights protection.
- Published in newspapers quarterly.
Repatriation of Workers and Emergency Fund
- Recruitment agency/principal responsible for repatriation costs except where worker is at fault.
- OWWA to repatriate workers in emergencies with a ₱100 million Emergency Repatriation Fund.
Mandatory Repatriation of Underage Workers
- Discovery of underage migrant workers requires immediate repatriation by foreign service officers.
Re-placement and Monitoring Center
- Established for returning migrant workers to aid reintegration, promote local employment, skills tapping.
- Programs for livelihood, training, entrepreneurial development prioritized.
Functions of the Re-placement Center
- Develop livelihood programs.
- Coordinate with agencies for placement and development.
- Maintain computerized data on skilled returning workers.
- Study job opportunities.
- Implement welfare programs.
Migrant Workers Resource Center Abroad
- Established in embassies in countries with many Filipino workers.
- Services: Counseling, legal assistance, welfare, integration, registration of undocumented workers, human resource development, gender-sensitive programs, orientation and monitoring.
- Operates 24/7 staffed by government and NGO representatives.
- Labor attache coordinates operations.
Shared Government Information System
- Inter-agency committee to establish shared migration data system.
- Includes masterlists of workers, legal cases, immigration data, statistics, blacklists, and overseas posts info.
Migrant Workers Loan Guarantee Fund
- ₱100 million fund to support pre-departure and family loans via government financial institutions.
Rights and Enforcement Under International Systems
- DFA mandated to pursue multilateral agreements protecting migrant workers’ rights.
- DFA to assist victims in accessing regional/international remedies and inform them.
Roles of Government Agencies
- DFA: Protection, immediate assistance, repatriation representations abroad.
- DOLE: Fair application of foreign labor laws, legal, medical assistance.
- POEA: Regulate recruitment agencies, formulate deployment systems.
- OWWA: Assistance in contract enforcement, representation, complaint settlement.
Legal Assistant for Migrant Workers Affairs
- Under DFA, rank of undersecretary.
- Coordinates legal assistance to migrant workers.
- Issues guidelines, liaises with agencies, taps private lawyers.
- Manages legal assistance fund.
Legal Assistance Fund
- ₱100 million fund from Presidential funds and existing welfare funds.
Uses of Legal Assistance Fund
- Covers legal fees, bonds, court expenses for migrant workers and distressed Filipinos abroad.
Country-Team Approach
- Unified mission under ambassador for all government personnel abroad.
- Ambassador can recommend recall or suspension of erring officials.
- Consulates form part of the team.
Deregulation and Phase-Out
- DOLE to formulate a 5-year plan for deregulating recruitment.
- Gradual phasing out of POEA’s regulatory role over five years.
Incentives for Professionals and Skilled Workers Abroad
- Government to provide incentives and programs to encourage their participation in national development.
Board Memberships for POEA and OWWA
- Addition of three members each from women, sea-based, and land-based sectors appointed by the President.
Reporting to Congress
- DFA and DOLE to semi-annually report on migrant workers’ conditions, legal cases, problems, host country laws, and bilateral negotiations.
- Failure to report leads to administrative penalty.
Congressional Representation
- Two sectoral representatives for migrant workers in House; at least one must be a woman.
- Nominees must have minimum 2 years migrant worker experience.
Exemptions and Fees
- Migrant workers exempt from travel tax and airport fees.
- Fees for government services to migrants remain at current levels; repatriation bond abolished.
Congressional Migrant Workers Scholarship Fund
- ₱200 million initial fund for migrant workers and descendants under 21 pursuing science/technology.
- Administered by DOLE and DOST.
Appropriations
- Necessary funds included in General Appropriations Act annually.
Migrant Workers Day
- Date of enactment declared Migrant Workers Day, annually commemorated.
Implementation and Repealing Clauses
- Rules to be formulated within 90 days.
- Conflicting laws repealed or amended accordingly.
Separability and Effectivity Clauses
- Unconstitutional provisions do not affect rest of law.
- Effectivity 15 days after publication in Official Gazette or newspapers.