Law Summary
Declaration of State Policies
- Protection and promotion of Overseas Filipino Workers (OFWs) rights and welfare.
- Recruitment agencies must comply with professional, legal, and ethical standards.
- Uphold decent working conditions for OFWs that respect dignity.
- Provide timely services regardless of legal status and encourage OFW participation in policy formation.
- Offer skills development and reintegration support.
- Align programs with international migration agreements and the Global Compact for Migration.
- Promote overseas employment as a choice, not a necessity, supporting domestic labor market strengthening.
Comprehensive Definitions
- Defines key terms related to migrant workers, including accreditation, ASKYON Fund, ethical recruitment, direct hires, documented and undocumented OFWs, employment contracts, and more.
- Clarifies scope of terms like interconnected OFWs, recruitment violations, reintegration programs, and migrant worker welfare monitoring.
Creation and Mandate of the Department of Migrant Workers
- Merges POEA, DFA’s Undersecretary for Migrant Workers Affairs, DOLE offices, OWWA, National Maritime Polytechnic, and DSWD’s Social Welfare Attache into one Department.
- Primary agency responsible for policies related to overseas employment, protection, welfare, reintegration, and skills development of OFWs.
- Coordinates with NEDA and other agencies for national development.
Powers and Functions of the Department
- Formulate and implement policies ensuring safe and orderly migration of OFWs.
- Regulate recruitment and deployment and investigate illegal recruitment and human trafficking in coordination with DOJ and IACAT.
- Protect families of OFWs.
- Support DFA in diplomatic efforts regarding labor migration.
- Provide training, job matching, and resource sharing.
- Regulate private recruitment agencies and enforce ethical recruitment.
- Establish emergency response units and 24/7 media monitoring.
- Exercise quasi-judicial powers on recruitment and disciplinary cases.
- Ensure deployment insurance and develop training and research institutes.
- Engage in labor diplomacy, data protection, and create databases and blacklists to address trafficking and illegal recruitment.
Relationship With Independent Foreign Policy
- The Department’s operations shall not diminish DFA's role in foreign policy and treaty negotiations.
- Labor welfare is a pillar of Philippine foreign policy.
Appointment and Qualifications of Officials
- Secretary appointed by the President with Commission on Appointment confirmation.
- Undersecretaries and Assistant Secretaries appointed upon Secretary’s recommendation.
- Officials must be Filipino citizens of good character, with relevant governance or OFW experience.
- Recruitment agency personnel and their relatives up to fourth degree are disqualified from appointment.
- Conflict of interest and corruption safeguards established.
Organizational Structure
- Secretary appoints officers in line with civil service laws.
- Department composed of Office of the Secretary, Undersecretaries, Assistant Secretaries, Service Units, Bureaus, Regional and Overseas Offices (MWOs).
- Classifications for personnel and provisions for staffing pattern flexibility included.
Secretary’s Authority and Responsibilities
- Overall supervision and operational control of the Department.
- Policy establishment, program evaluation, report preparation and submission to Congress.
- Advises the President on OFW-related executive orders and legislative proposals.
- Manages the ASKYON Fund for OFW assistance.
- Chairs the OWWA Board and participates in inter-agency councils.
- Receives authority to impose deployment bans in unsafe conditions.
Regional Offices and Functions
- Establishment of regional and provincial offices absorbing existing POEA offices.
- Each regional office headed by a Presidential appointee Regional Director.
- Functions include accreditation, documentation assistance, legal and welfare support, conciliation, case adjudication, reintegration, and inspection of recruitment agencies.
- One-Stop Shop Centers to provide coordinated services from multiple government agencies for OFWs and their families.
Migrant Workers Office (MWO) Overseas
- Serves as the overseas arm of the Department at Foreign Service Posts.
- Assumes functions of former POLO, OSWA, and mission units dealing with OFWs.
- Executes monitoring, legal assistance, welfare services, repatriation, psychosocial support, and labor issue negotiations.
- Operates under Philippine MFA supervision but primarily controlled by the DMW Secretary.
- Adheres to the One-Country Team diplomatic approach.
Migrant Workers Resource Centers (MWRC)
- Established in countries with high OFW presence.
- Provides shelter, counseling, legal aid, welfare assistance, orientation, registration of irregular workers, and gender-sensitive programs.
- Operates 24/7 with coordination from home office support centers.
Advisory Boards and Tripartite Councils
- The Advisory Board on Labor Migration and Development acts as the Secretary's consultative body.
- Sectoral and industry task forces created to further objectives with representation from government, private sector, and OFW organizations.
- Maritime and land-based tripartite councils transferred to the Department.
ASKYON Fund
- Fund dedicated to provide immediate legal, medical, financial, and other assistance to OFWs.
- Separate from DFA’s funds for other overseas Filipinos.
- Guidelines to be issued soon after promulgation.
Reintegration Program
- Comprehensive program covering pre-deployment, onsite, and return phases.
- Addresses economic, social, psychosocial, gender-responsive, and cultural needs.
- Focuses on encouraging investment, skills certification, and social protection access.
- Creates a National Reintegration Network with government and non-government partners.
Management Information System (MIS)
- Establish a computer-based integrated system for OFW data management.
- Ensures data privacy compliance and shared access protocols.
- Keeps a skills registry aligned with national development priorities.
- Includes a performance dashboard and business intelligence database.
Legal Assistance, Investigation, and Prosecution
- Department empowered to investigate illegal recruitment, human trafficking, and prosecute offenders.
- Can administer oaths, issue subpoenas, access public and private records.
- Can impose contempt penalties for obstruction or misconduct.
- Appeals process established for contempt rulings.
Quasi-Judicial Powers
- Exclusive jurisdiction over recruitment and disciplinary cases excluding money claims.
- Regional adjudicators are assigned to handle these cases.
- Rules of procedure to be promulgated for adjudication.
Overseas Workers Welfare Administration (OWWA) Attachment
- OWWA attached to the Department for policy and program coordination.
- Retains independent fund and charter.
- Secretary of DMW replaces Secretary of Labor as OWWA Chair.
- Coordination mechanisms established to harmonize programs.
Transition and Reorganization
- Transition Committee formed to manage agency merger and create staffing and budget plans.
- Employees absorbed with security of tenure; severance and retirement benefits provided for separated personnel.
- Separation incentives calculated based on length of service.
- Prohibits reemployment within five years unless for teaching or medical positions.
- All necessary administrative and budget appropriations mandated.
Coordination With Bangsamoro Ministry of Labor and Employment
- Commitment to coordinate with Bangsamoro MOLE on overseas Bangsamoro workers without impinging on its authority.
Congressional Oversight and Reporting
- Congressional Oversight Committee created with members from Senate and House.
- Department to submit annual reports on OFW conditions, cases, and developments.
- Penalties for failure to submit reports include dismissal and disqualification.
Periodic Review and Reorganization
- Five years post-effectivity, a Reorganization Commission evaluates Department performance and makes recommendations.
- Future reviews every five years to determine need for Department continuation.
General Provisions
- Existing rules and policies of merged agencies remain effective until modified.
- Pending cases remain valid and will be decided by the Department.
- Severability, repeal, and effectivity clauses included.
This comprehensive framework provides a cohesive institutional structure and operational guidelines for protecting and promoting the welfare of Filipino migrant workers within domestic and international contexts.