Title
Regulation on OFW Foreign Exchange Remittance
Law
Executive Order No. 857
Decision Date
Dec 13, 1982
Executive Order No. 857 mandates Filipino workers abroad to regularly remit a portion of their earnings to their beneficiaries in the Philippines, with consequences for non-compliance, and requires employers to provide facilities for remittances and monitor earnings.
A

Specific Remittance Percentages by Worker Category

  • Employment contracts and service agreements must include a clause making mandatory remittance obligatory, with specified minimum remittance proportions as follows:
    • Seamen or mariners: 70% of basic salary.
    • Workers of Filipino contractors and construction companies: 70% of basic salary.
    • Doctors, engineers, teachers, nurses, and other professionals with free board and lodging: 70% of basic salary.
    • Professionals without free board and lodging: 50% of basic salary.
    • Domestic and other service workers: 50% of basic salary.
    • Other workers not falling in above categories: 50% of basic salary.

Passport Validity and Renewal Conditions

  • Passports for Filipino contract workers shall initially be valid for one year, subject to adjustment by the Ministry of Foreign Affairs (MFA).
  • Renewal of passports requires submission of documentary proof of compliance with remittance requirements.
  • MFA shall not renew or extend passports unless remittance proof is submitted.

Employment Contract and Agreement Renewal Conditional on Remittance Compliance

  • Ministry of Labor and Employment (MOLE) shall not approve contract or agreement renewals unless proof of foreign exchange remittance is presented.

Acceptable Proofs of Remittance

  • Compliance proof may include:
    • Confirmed foreign bank remittance forms.
    • Employer certification authenticated indicating remittance was made.
    • Certification of surrender of foreign exchange for pesos through the Philippine banking system.
    • Receipt of International Postal Money Order.
  • Alternative proof forms may be approved by the Central Bank of the Philippines (CBP).

Remittance Procedures

  • Remittances can be made either individually by the workers or collectively by employers through payroll deduction schemes according to CBP regulations.

Employer Obligations for Remittance Facilitation

  • Employers must commit as a precondition for accreditation by MOLE to provide facilities for remittance and monitoring of foreign exchange earnings of their workers.

Role of Central Bank and Diplomatic Missions in Remittance

  • CBP shall coordinate with appropriate financial institutions to handle remittances.
  • In absence of banking facilities, the nearest Philippine Embassy or Consulate may act as an interim remittance channel, adhering to local laws.
  • MFA must coordinate with CBP regarding these arrangements and remit all funds accordingly.

Penalties for Non-Compliance

  • Contract workers failing to remit shall be suspended or excluded from eligibility for overseas employment.
  • Repeat offenders shall be repatriated at employer's or their own expense.
  • Employers or representatives failing to comply may be excluded from the overseas employment program.
  • Non-compliance by local private employment agencies may result in license cancellation and liability under existing laws.

Rulemaking and Implementation

  • MOLE, MFA, and CBP are tasked to promulgate implementing rules and procedures within ten days from the order’s signing.

Repeal and Effectivity

  • All inconsistent orders, rules, and regulations are repealed.
  • The order shall take effect thirty days after promulgation of implementing rules and procedures.

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