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. WELFARE FUND FOR OVERSEAS WORKERS (AMENDING CERTAIN PROVISIONS OF PRESIDENTIAL DECREE 1694, CREATING THE "WELFARE FUND FOR OVERSEAS WORKERS") Presidential Decree No. 1809 |
WHEREAS,
because of the volatile situation in many countries hosting this labor
force, the Government is continually under stress in efforts to provide
overseas Filipino workers adequate protection;
WHEREAS,
in response to the distressed conditions of many of these workers, the
Government, under Letter of Instructions No. 537 issued on May 1, 1977,
authorized the creation in the Ministry of Labor of a Welfare and
Training
Fund for Overseas Workers to be funded with contributions from overseas
employers of Filipino workers;
WHEREAS,
it is deemed that the objectives and purposes of the Fund as set forth
in LOI No. 537 can best be served by now formalizing operations into a
comprehensive Welfare Fund.
NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue
of the powers vested in me by the Constitution, do hereby Order and
Decree:
Section
1. Welfare Fund for Overseas
Workers. — There is hereby created a "Welfare Fund for Overseas
Workers,"
hereinafter referred to as The Welfund which shall be used for the
purpose
of providing social and welfare services to Filipino overseas workers,
including insurance coverage, legal assistance, placement assistance,
and
remittance services.
Sec.
2. Fund Source. — All contributions
to the Welfare and Training Fund collected pursuant to Letter of
Instructions
No. 537 issued on May 1, 1977 shall be transferred to the Welfund. Fees
and other charges may be imposed by the Overseas Employment Development
Board, the Bureau of Employment Services, and the National Seamen
Board,
subject to the approval of the Minister of Finance. Such fees, charges
and other collections shall accrue to the Welfare and Training Fund.
Sec.
3. Administration. — The Welfund
shall be administered by a Board of Trustees consisting of the Minister
of Labor as Chairman, the Deputy Minister of Labor as Vice-Chairman,
and
the Executive Director of the Overseas Employment Development Board,
the
Executive Director of the National Seamen Board, the Director of the
Bureau
of Employment Services, the Administrator of the Welfund, and one
representative
each from the management and labor sectors who shall be appointed by
the
President, as members.
An
Administrator shall be appointed by the President upon recommendation
of
the Minister of Labor, who shall have the qualifications, rank and
compensation
of a Bureau Director.
Sec.
4. Responsibility and Powers.
— The Board of Trustees of the Welfund shall have the following
responsibilities
and powers:
a. To
formulate and implement measures and programs to attain the fund's
objectives
and purposes;
b. To
enter into agreements and contracts in connection with its operations
and
objectives;
c. To
manage Fund resources subject to the provisions of Sec. 5 hereof; and
d. To
issue rules and regulations to carry out the objectives and purposes of
the Welfund and the provisions of this Decree.
Sec.
5. Fund Management. — The Welfund
shall be recorded as Special Account in the General Fund and
transactions
in it shall be subject to such rules and regulations as may be
formulated
by the Minister of Finance, who shall act in consultation with the
Minister
of Labor and the Minister of the Budget. A maximum of five per cent
(5%)
of any investment income earned by the Fund may be utilized for
operational
expenses, except as may be approved by the President. Such operational
expenses shall be subject to the usual budgetary process established by
Sec. 40 of P.D. No. 1177 and to the rules on organization, compensation
and honoraria determined for agencies of the government under P.D. No.
985.
A
fund staff shall be formed within the Office of the Minister of Labor,
whose compensation and operating expenses shall be charged to fund
income,
subject to the limits provided under this Section.
Sec.
6. Repeal Clause. — Letter of
Instructions No. 537 and any and all laws, decrees, executive orders,
rules
and regulations or parts thereof in consistent with this Decree are
hereby
repealed and\or modified accordingly.
Sec.
7. Effectivity. — This Decree
shall take effect immediately.
Done in the City of Manila, this 1st day of May, in the year of Our Lord, nineteen hundred and eighty..chan robles virtual law library
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