Omnibus
Rules and Regulations ImplementingThe
Migrant Workers and Overseas Filipinos Act of 1995
I.chanrobles virtual law library
GENERAL
POLICY STATEMENT
Section 1. Declaration of Policies.
-
(a) In the pursuit of an independent foreign policy
and while
considering
national sovereignty, territorial integrity, national interest and the
right to self-determination paramount its relations with other states,
the State shall, all times, uphold the dignity of its citizens whether
in the country or overseas, in general, the Filipino migrant workers,
in
particular.chanrobles virtual law library
(b) The State shall afford full protection to labor,
local and
overseas,
organized and unorganized, and promote full employment and equality of
employment opportunities for all. Toward this end, the State shall
provide
adequate and timely social, economic and legal services to Filipino
migrant
workers.chanrobles virtual law library
(c) While recognizing the significant contribution of
Filipino migrant
workers to the national economy through their foreign exchange
remittances,
the State does not promote overseas employment as a means to sustain
economic
growth and achieve national development. The existence of the overseas
employment program rest solely on the assurance that the dignity and
fundamental
human rights and freedom of the Filipino citizen shall not, at any
time,
be compromised or violated. The State, therefore, shall continuously
create
local employment opportunities and promote the equitable distribution
of
wealth and the benefits of development.chanrobles virtual law library
(d) The State affirms the fundamental equality before
the law of women
and men and the significantrole of women in nation-building.
Recognizing
the contribution of women migrant workers and their particular
vulnerabilities,
the State shall apply gender sensitive criteria in the formulation and
implementation of policies and programs affecting migrant workers and
the
composition of bodies tasked for the welfare of migrant workers.chanrobles virtual law library
(e) Free access to the courts and quasi-judicial
bodies and adequate
legal
assistance shall not be denied to any persons by reason of poverty. In
this regard, it is imperative that an effective mechanism be instituted
to ensure that the rights and interest of distressed overseas
Filipinos,
in general, and Filipino migrant workers, in particular, documented or
undocumented, are adequately protected and safeguarded.chanrobles virtual law library
(f) The right of Filipino migrant workers and all
overseas Filipinos to
participate in the democratic decision-making processes of the State
and
to be represented in institutions relevant to overseas employment is
recognized
and guaranteed.chanrobles virtual law library
(g) The State recognizes that the ultimate protection
to all migrant
workers
is the possession of skills. Pursuant to this and as soon as
practicable,
the government shall deploy and/or allow the deployment only to skilled
Filipino workers.chanrobles virtual law library
(h)
Non-governmental organizations, duly recognized as
legitimate, are
partners of the State in the protection of Filipino migrant workers and
in the promotion of their welfare, the State shall cooperate with them
in a spirit of trust and mutual respect.chanrobles virtual law library
II.chanrobles virtual law libraryDEFINITION
OF TERMS
Sec. 2.
Definitions. -
(a) Migrant Workers or Overseas Filipino Workers - a
person who is to
be
engaged, is engaged, or has been engaged in a remunerated activity in a
state which he or she is not a legal resident. A person to be engaged
in
a remunerated activity" refers to an applicant worker who has been
promised
or assured employment overseas and acting on such promise or assurance
sustains damage and/or injury.chanrobles virtual law library
(b) Overseas Filipinos - are migrant workers, other
Filipino nationals
and their dependents abroad.chanrobles virtual law library
(c) Overseas Filipino in distress - Overseas Filipinos
as defined in Sec.3(c)
of the Act shall be deemed in distress in cases where they have valid
medical,
psychological or legal assistance problems requiring treatment,
hospitalization,
counseling, legal representation is specified in Sec.s 24 and 26 or
any other kind of intervention with the authorities in the country
where
they are found.chanrobles virtual law library
(d) Legal Resident - a person who has obtained
permanent residency
status
in accordance with
the law of
the host country.chanrobles virtual law library
(e) Documented Migrant Workers
(i) those who possess valid
passports and visas or
permits to stay in
the
host country and whose contracts of employment have been processed by
the
POEA if required by law or regulation; or (2) those registered by the
Migrant-Workers
and Other Overseas Filipinos Resource Center or by the Embassy. Those
who
do not fall under the preceding paragraph are considered undocumented
migrant
workers.
(f) Undocumented Filipinos –
(1) Those who acquired their passports through fraud or
misrepresentation;
(2) Those who possess expired visas or permits to stay;
(3) Those who have no travel document what so ever
(4) Those who have valid but in appropriate visas;
(g) Gender Sensitivity - cognizant of the inequalities
and inequities
prevalent
in society between womenand men and a commitment to address issues with
concern for the respective interest of the sexes.chanrobles virtual law library
(h) Legal Assistance - includes, in appropriate cases,
giving legal
advice,
active participation in litigation whenever allowed by local laws,
hiring
of private lawyers, documentation assistance payment of bail bonds,
court
fees and other litigation expenses.chanrobles virtual law library
(i) Bonfire Non-Government Organizations (NGOs)
non-government
organizations
duly registered with appropriate Philippine government agencies which,
active partners of the Philippine Government in the protection of
Filipino
migrant workers and the promotion of their welfare.chanrobles virtual law library
(j) Skilled Workers - those who have obtained an
academic degree or
sufficient
training or experience in the job for which they are applying, as may
be
determined by the Secretary of Labor and Employment.chanrobles virtual law library
(k) Underage Migrant Workers - those who are below 18
years or below
the
minimum age requirement for overseas employment as determined by the
Secretary
of Labor and Employment.chanrobles virtual law library
(l) Employment Agency - any person, partnership or
corporation duly
licensed
by the Secretary of Labor and Employment to engage in the recruitment
and
placement of workers for overseas employment for a fee which is
charged,
directly or indirectly, from the workers or employers or both.chanrobles virtual law library
(m) Manning Agency - any person, partnership or
corporation duly
licensed
by the Secretary of Labor and Employment to engage in the recruitment
and
placement of seafarers for vessels plying international waters and for
related maritime activities.chanrobles virtual law library
(n) Service Contractor - any person,-partnership or
corporation duly
licensed
by the Secretary of Labor and Employment to recruit workers for its
accredited
projects or contracts overseas.chanrobles virtual law library
(o) Labor Code -
Presidential
Decree No. 442, as amended.chanrobles virtual law library
(p) Act - the "Migrant
Workers and Overseas Filipinos Act of 1995," to be used
interchangeably
with the "R.A
8042."
(q) DFA - the Department of Foreign Affairs.chanrobles virtual law library
(r) DOLE - the Department of Labor and Employment.chanrobles virtual law library
(s) POEA - the Philippine Overseas Employment
Administration.chanrobles virtual law library
(t) OWWA - the Overseas Workers Welfare Administration.chanrobles virtual law library
(u) NLRC - the National Labor Relations Commission.chanrobles virtual law library
(v) BLE - the Bureau of Local Employment
(w) TESDA - the
Technical
Education and Skills Development Authority.chanrobles virtual law library
(x) DOJ - the Department of Justice.chanrobles virtual law library
(y) DOST - the Department of Science and Technology.chanrobles virtual law library
III.chanrobles virtual law libraryDEPLOYMENT
Sec. 3.
Guarantee of Migrant Workers Rights. –
The Secretary of Labor and Employment shall deploy or
allow the
deployment
of Filipino migrant workers only in countries where their rights are
protected,
recognizing any of the following as a guarantee for the protection of
the
rights of migrant workers:
(a) The country has existing labor and social laws
protecting the
rights
of migrant workers;
(b) The country is a signatory to multilateral
conventions declarations
or resolutions relating to the protection of migrant workers;
(c) The country has concluded a bilateral agreement or
arrangement with
the Philippine Government on the protection of the rights of Overseas
Filipino
Workers; and
(d) The host country is taking positive, concrete
measures to protect
the
rights of migrant workers. The POEA shall process overseas employment
contracts
only for countries meeting any of the above criteria, as determined by
the Secretary of Labor and Employment.chanrobles virtual law library
Sec. 4.
Deployment of Skilled Workers. - As soon as adequate mechanisms for
determination of skills are in place
and consistent with national interest, the Secretary of Labor and
Employment
shall allow the deployment only of skilled Filipino workers.chanrobles virtual law library
Sec. 5.
Ban on Deployment. - Notwithstanding the provisions of Sections 3 and 4
of
these Rules, the
Secretary of Labor and Employment, in pursuit of the national interest
or-when public welfare so requires, may, at any time, terminate or
impose
ban on the deployment of migrant workers.chanrobles virtual law library
Sec. 6.
Travel Advisory. - The DFA through the POEA shall issue travel
advisories or disseminate
information
on labor and employment conditions, migration realities and other
facts,
as well as adherence of particular countries to international standards
on human and workers rights which will adequately prepare individuals
into
making informed and intelligent decisions about overseas employment.
The
POEA shall publish, at least once a month, such advisory in a newspaper
of general circulation.chanrobles virtual law library
The POEA may undertake other programs or resort to
other modes of
information
and dissemination campaign, such as the conduct of nationwide,
comprehensive
and sustainable Pre-Employment Orientation Seminars.chanrobles virtual law library
IV.chanrobles virtual law libraryREGULATION
OF PRIVATE SECTOR PARTICIPATION
Sec. 7.
Role of POEA. -
Subject to
deregulation and phase out as provided under Sections
29 and 30 of the Act, the POEA shall continue to regulate private
sector
participation in the recruitment and overseas placement of workers
through
its licensing and registration system pursuant to its Rules and
Regulations
on Overseas Employment.chanrobles virtual law library
POEA shall formulate and implement, in coordination
with appropriate
entities
concerned when necessary, a system for promoting and monitoring the
overseas
employment of Filipino workers taking into consideration their welfare
and the domestic manpower requirements. The POEA shall come up with a
package
of incentives for deserving manning agencies and service contractors,
along
with the policy that the deployment of workers by such entities shall
be
encouraged.chanrobles virtual law library
V.chanrobles virtual law libraryFEES
AND OTHER COSTS
Sec. 8.
Government Fees and Administrative Costs. -
All fees for services being charged by any government
office on migrant
workers as of 7 June 1995 shall not be increased. All other services
rendered
by the DOLE and other government agencies in connection with the
recruitment
introduction and placement of and assistance to migrant workers shall
be
rendered free. The administrative cost thereof shall not be borne by
the
worker.chanrobles virtual law library
The migrant workers are exempt from the payment of
travel tax and
airport
fee upon proper showing of Overseas Employment Certificate issued by
the
POEA.chanrobles virtual law library
VI.chanrobles virtual law libraryILLEGAL
RECRUITMENT
Sec. 9.
Definition. -
For purposes of the Act,
illegal recruitment shall mean any act of canvassing, enlisting,
contracting,
transporting, utilizing, hiring, or procuring workers and includes
referring,
contract services, promising or advertising for employment abroad,
whether
for profit or not, when undertaken by a non-licensee or non-holder of
authority
contemplated under Article 13(f) of the Labor
Code of the Philippines: Provided, That any such
non-licensee
or non-holder who, in any manner, offers or promises for a fee
employment
abroad to two or more persons shall be deemed so engaged. It shall
likewise
include the following acts committed by any person whether or not a
holder
of a license or authority:
(a) To charge or accept directly or indirectly any
amount Greater than the specified in the scheduleof allowable fees
prescribed by the
Secretary
of Labor and Employment, or to make a worker pay the recruiter or its
agents
any amount greater than that actually loaned or advanced to him;
(b) To furnish or publish any false notice or
information or document
in
relation to recruitment or employment;
(c) To give any false notice, testimony, information
or document pr
commit
any act of misrepresentation for the purpose of securing a license or
authority under the Labor Code;
(d) To induce or attempt to induce a worker already
employed to quit
his
employment in order to offer him another unless the transfer is
designed
to liberate a worker from oppressive terms and conditions of employment;
(e) To influence or attempt to influence any person or
entity not to
employ
any worker who has not applied for employment through his agency;
(f) To engage in the recruitment or placement of
workers in jobs
harmful
to public health or morality or to the dignity of the Republic of the
Philippines
as may be prohibited by law or duly constituted authority;
(g) To obstruct or attempt to obstruct inspection by
the Secretary of
Labor
and Employment or by his/her duly authorized representative;
(h) To fail to submit reports on the status of
employment, placement
vacancies,
remittance of foreign exchange earnings, separation from jobs,
departures
and such other matters or information as may be required by the
Secretary
of Labor and Employment under penalty of law;
(i) To substitute or alter to the prejudice of the
worker, employment
contracts
approved and verified by the
DOLE
from
the time of actual signing thereof by the parties up to and including
the
period of the expiration of the same without the approval of the DOLE;
(j) For an officer or agent of a recruitment or
placement agency to
became
officer or member of the Board of any corporation engaged in travel
agency
or to be engaged directly or indirectly in the management of a travel
agency;
(k) To withhold or deny travel documents from
applicant workers before
departure for monetary or financial considerations other than those
authorized
under the Labor Code and its implementing rules and regulations;
(l) To fail to actually deploy without valid reason as
determined by
the
DOLE; and
(m) To fail to reimburse expenses incurred by the
worker in connection
with his/her documentation and processing for purposes of deployment,
in
cases where the deployment does not actually take place without
the
workers fault.chanrobles virtual law library
Sec. 10.
Crime Involving Economic Sabotage. - Illegal recruitment when committed
by a syndicate or in large scale
shall
be considered an offense involving economic sabotage. Illegal
recruitment
is deemed committed by a syndicate if carried out by a group of three
(3)
or more persons conspiring or confederating with one another. it is
deemed
committed in large scale if committed against three (3) or more persons
individually or as a group.chanrobles virtual law library
Sec. 11.
Persons Responsible. - The persons criminally liable for the above
offenses are the
principals,
accomplices and accessories. In case of juridical persons, the officer
having control, management or direction of their business shall be
liable.chanrobles virtual law library
Sec. 12.
Independent Administrative Action. - The institution of the criminal
action is without prejudice to any
administrative
action against the licensee or holder of authority cognizable by the
POEA
which could proceed independently of the criminal action.chanrobles virtual law library
VII.chanrobles virtual law libraryPROHIBITION
ON GOVERNMENT PERSONNEL
Sec. 13.
Disqualification. -
The following
personnel shall be prohibited from engaging directly or
indirectly
in the business of recruitment of migrant workers:
(a) Any official or employee of the DOLE, POEA OWWA,
DFA, DOJ and other
government agencies involved in the implementation of this Act,
regardless
of the status of his/her employment; and
(b) Any of his/her relatives within the fourth civil
degree of
consanguinity
or affinity.chanrobles virtual law library
Any government official or employee found to be
violating this Sec.
shall be charged administratively, according to Civil Service Rules and
Regulations without prejudice to criminal prosecution.chanrobles virtual law library
The government agency concerned shall monitor and
initiate, upon its
initiative
or upon the petition of any private individual, action against erring
officials
and employees, and/or their relatives.chanrobles virtual law library
VIII.chanrobles virtual law libraryANTI-ILLEGAL
RECRUITMENT PROGRAMS
Sec. 14.
POEA Programs. -
The POEA shall
adopt policies and procedures, prepare and implement
programs
toward the eradication of illegal recruitment activities such as, but
not
limited to the following:
(a) Providing legal assistance to victims of illegal
recruitment and
related
cases which are administrative or criminal in nature;
(b) Prosecution of illegal recruiters;
(c) Special operations such as surveillance of persons
and entities
suspected
to be engaged in illegal recruitment; and
(d) Information and education campaign.chanrobles virtual law library
Whenever necessary, the POEA shall coordinate with
other appropriate
entities
in the implementation of said programs.chanrobles virtual law library
Sec. 15.
Legal Assistance. - The POEA shall provide free legal service to
victims of illegal
recruitment
and related cases which are administrative or criminal in nature in the
form of legal advice, assistance in the preparation of complaints and
supporting
documents, institution of criminal actions and whenever necessary,
provide
counseling assistance during preliminary investigation and hearings.chanrobles virtual law library
Sec. 16.
Receiving of Complaints for illegal Recruitment - Victims of illegal
recruitment and related cases which are
administrative
or criminal in nature may file with the POEA a report or complaint in
writing
and under oath for assistance purposes.chanrobles virtual law library
In regions outside the National Capital Region,
complaints and reports
involving illegal recruitment may be filed with the appropriate
regional
office of the POEA or DOLE.chanrobles virtual law library
Sec. 17.
Action on the Complaint/Report. - Where the complaint report alleges
that illegal recruitment activities
are ongoing, surveillance shall be conducted and if such activities are
confirmed, issuance of closure order may be recommended to the POEA
Administrator
through the Director of the Licensing and Regulation Office (Director -
LRO). If sufficient basis for criminal action is found, the case shall
be immediately forwarded to the appropriate office for such action.chanrobles virtual law library
Sec. 18.
Surveillance. - The POEA and/or designated official in the DOLE
regional offices may on
his own initiative conduct surveillance on the alleged illegal
recruitment
activities.
Within two (2) days from the termination of
surveillance, report
supported
by an affidavit, shall be submitted to the Director-LRO or the Regional
Director concerned, as the case may be.chanrobles virtual law library
Sec. 19.
Issuance of Closure Order. - The Secretary of Labor and Employment or
the POEA Administrator or the
DOLE Regional Director of the appropriate regional office outside the
National
Capital Region, or their duly authorized representatives, may conduct
an
ex parte preliminary examination to determine whether the activities of
a non-licensee constitute a danger to national security and public
order
or will lead to further exploitation of job seekers. For this purpose,
the Secretary of Labor and Employment, the POEA Administrator or the
Regional
Director concerned or their duly authorized representatives, may
examine
personally the complainants and/or their witnesses in the form of
searching
questions and answers and shall take their testimony under oath. The
testimony
of the complainants and/or witnesses shall be reduced in writing and
signed
by them.chanrobles virtual law library
If upon the preliminary examination or surveillance,
the Secretary of
Labor
and Employment, the POEA Administrator or DOLE Regional Director is
satisfied
that such danger or exploitation exists, a written order may be issued
for the closure of the establishment being used for illegal recruitment
activity.chanrobles virtual law library
In case of a business establishment whose license or
permit to operate
a business was issued by the local government, the Secretary of Labor
and
Employment, the POEA Administrator or the Regional Director concerned
shall
likewise recommend to the granting authority the immediate
cancellation/revocation
of the license or permit to operate its business.chanrobles virtual law library
Sec. 20.
Implementation of Closure Order. - Closure order shall be served upon
the offender or the person in charge
of the establishment subject thereof. The closure shall be effected by
sealing the establishment and posting a notice of such closure in bold
letters at a conspicuous place in the premises of the establishment.
Whenever
necessary, the assistance and support of the appropriate law
enforcement
agencies may be requested for this purpose.chanrobles virtual law library
Sec. 21.
Report on Implementation. - A report on the implementation of the
closure order executed under
oath,
stating the details of the proceedings undertaken shall be submitted to
the Director-LRO or the Regional Director concerned, as the case may
be,
within two (2) days from the date of implementation.chanrobles virtual law library
Sec. 22.
Institution of Criminal Action. - The Secretary of Labor and
Employment, the POEA Administrator or the
Regional
Director concerned, or their duly authorized representatives, or any
aggrieved
person, may initiate the corresponding criminal action with the
appropriate
office.chanrobles virtual law library
Where a complaint is filed with the POEA and the same
is proper for
preliminary
investigation, it shall file the corresponding complaint with the
appropriate
officer, with the supporting documents.chanrobles virtual law library
Sec. 23.
Motion to Lift A Closure Order. - A motion to lift a closure order
which has already been implemented may
be entertained only when filed with the Licensing and Regulation Office
(LRO) within ten (10) calendar days from the date of implementation
thereof.
The motion shall clearly state the grounds upon which it is based,
attaching
thereto the documents in support thereof. A motion to lift which does
not
conform with the requirements herein set forth shall be denied
outrightly.chanrobles virtual law library
Sec. 24.
Who May File. - The motion to lift a closure order may be filed
only by the following:
(a) The owner of the building or his/her duly
authorized representative;
(b) The building administrator or his/her duly
authorized
representative;
(c) The person or entity against whom the closure
order was issued and
implemented or the duly authorized representative; or
(d) Any other person or entity legitimately operating
within the
premises
closed/padlocked whose operations/activities are distinct from the
recruitment
activities of the person/entity subject of the closure order.chanrobles virtual law library
Sec. 25.
Grounds for Lifting/Re-Opening. - Lifting of the closure order and/or
re-opening of the office closed or
padlocked may be granted on any of the following grounds:
(a) That the office is not the subject of the closure
order;
(b) That the contract of lease with the owner of the
building or the
building
administrator has already been cancelled or terminated. The request to
re-open shall be duly supported by an affidavit of undertaking either
of
the owner of the building or the building administrator that the same
will
not be leased/rented to any other person/entity for recruitment
purposes
without the necessary license from the POEA;
(c) That the office is shared by a person/entity not
involved in
illegal
recruitment activities, whether directly or indirectly; or
(d) Any other ground that the POEA may consider as
valid and
meritorious.chanrobles virtual law library
Lifting of a closure order is without prejudice to the
filing of a
criminal
complaint with the appropriate office against the person alleged to
have
conducted illegal recruitment activities.chanrobles virtual law library
Sec. 26.
Appeal. - The order of the POEA Administrator denying the motion to
lift may be
appealed
to the Secretary of Labor and Employment within ten (10) days from
service
or receipt thereof.chanrobles virtual law library
Sec. 27.
Re-Padlocking of Office. - Where a re-opened
office was subsequently confirmed to be used for illegal recruitment
activities,
a new closure order shall be issued which shall not be subject to a
motion
to lift.chanrobles virtual law library
IX.chanrobles virtual law libraryPRE-EMPLOYMENT
AND DISCIPLINARY ACTION CASES
Sec. 28.
Jurisdiction of the POEA. -
The
POEA shall exercise original and exclusive jurisdiction to hear and
decide:
(a) all
cases,
which are administrative in character, involving or arising out of
violations
of rules and regulations relating to licensing and registration of
recruitment
and employment agencies or entities; and
(b)
disciplinary
action cases and other special cases, which are administrative in
character,
involving employers, principals, contracting partners and Filipino
migrant
workers.chanrobles virtual law library
Sec. 29. Venue.
-
The cases mentioned in Sec.
28(a) of this Rule, may be filed with
the
POEA Adjudication Office or the DOLE/POEA regional office of the place
where the complaint applied or was recruited, at the option of the
complainant.
The office with which the complaint was first filed shall take
cognizance
of the case.chanrobles virtual law library
Disciplinary action cases and other special cases, as
mentioned in the
preceding Sec., shall be filed with the POEA Adjudication Office.chanrobles virtual law library
X.chanrobles virtual law libraryMIGRANT
WORKERS LOAN GUARANTEE FUND
Sec. 30.
Definitions. -
(a) Pre-Departure
Loans - refers to loans granted to departing migrant
workers covered by new contracts to satisfy their pre-departure
requirements
such as payments for placement/processing fees, airplane fare,
subsistence
allowance, cost of clothing and pocket money.chanrobles virtual law library
(b) Family Assistance Loans - refers to loans granted
to currently
employed
migrant workers or their eligible dependents/families in the
Philippines
to tide them over during emergency situations.chanrobles virtual law library
(c) Guarantee Agreement - refers to a contract between
the
participating
financial institution and OWWA whereby the latter pledges to pay a loan
obtained by a migrant worker from the former in case the worker
defaults.chanrobles virtual law library
(d) GFIs - refers to government financial institutions.chanrobles virtual law library
Sec. 31.
Loan Guarantee Fund. - The Migrant Workers Loan Guarantee Fund is
hereby established:
(a) to prevent any recruiter from taking advantage of
workers seeking
employment
abroad by expanding the grant of Pre-Departure and Family Assistance
Loans
to covered migrant workers;
(b) to establish and operate a guarantee system in
order to provide
guarantee
cover on the pre-departure and family assistance loans of migrant
workers
who lack or have insufficient collateral or securities; and
(c) to ensure the participation of GFIs in extending
loan assistance to
needy migrant workers who are to be engaged or is engaged for a
remunerated
activity abroad.chanrobles virtual law library
Sec. 32.
Coverage and Scope. - All departing migrant workers who need financial
assistance to pay or
satisfy
their pre-departure expenses may avail of the Pre-Departure Loans.chanrobles virtual law library
Currently employed migrant workers or their eligible
dependents who
need
emergency financing assistance may avail of the Family Assistance Loan.chanrobles virtual law library
Sec. 33.
Administration of the Fund. - Pursuant to Sec. 21 of the Act, the
amount of One hundred million
pesos
(P100,000,000.00) from the Capital Funds of OWWA shall constitute the
Migrant
Workers Loan Guarantee Fund. The Fund, which shall be administered by
the
OWWA, shall be used exclusively to guarantee the repayment of
Pre-Departure
and Family Assistance Loans granted by participating GFIs.chanrobles virtual law library
All existing revolving funds earmarked for the
Pre-Departure and Family
Assistance Loans shall revert back to OWWA's Capital Fund.chanrobles virtual law library
Sec. 34.
Financing Scheme. - The OWWA shall initiate arrangements with GFIs to
implement mutually
agreed
financing schemes, that will expand the Pre-Departure and Family
Assistance
Loans.chanrobles virtual law library
Sec. 35.
Guarantee Agreement. - No loan shall be considered covered by a
guarantee unless a Guarantee
Agreement
has been prepared and approved by both the participating financial
institution
and the OWWA.chanrobles virtual law library
XI.chanrobles virtual law libraryCONGRESSIONAL
MIGRANT WORKERS SCHOLARSHIP PROGRAM
Sec. 36.
Establishment of the Congressional Migrant Workers Scholarship Fund. -
There is hereby created a Congressional Migrant
Workers Scholarship
Fund
which shall benefit deserving migrant workers and/or their immediate
descendants
who intend to pursue courses or training primarily in the field of
science
and technology, as defined by the DOST.chanrobles virtual law library
Sec. 37.
Sources of Fund. - The initial seed Fund of Two hundred million pesos
(P200,000,000.00)
shall
be constituted from the following sources:
(a) Fifty million pesos (P50,000,000.00) from the
unexpended
Countrywide
Development Fund for 1995 in equal sharing by all Members of Congress;
and
(b) The remaining One hundred fifty million pesos (P50,000,000.00)
shall
be funded from the proceeds of Lotto draws.chanrobles virtual law library
Sec. 38.
Creation of the Scholarship Fund Committee. - There is hereby created a
Scholarship Fund Committee to be composed of
representatives from the DOLE, DOST, POEA, OWWA, TESDA and two (2)
representatives
of migrant workers to be appointed by the Secretary of Labor and
Employment.chanrobles virtual law library
Sec. 39.
Functions of the Scholarship Fund Committee.chanrobles virtual law library
(a) To set the coverage, criteria and standards of admission to the
Scholarship
Program;
(b) To determine the amount of availment;
(c) To monitor and evaluate the program;
(d) To identify/accredit training and testing institutions; and
(e) To perform such other functions necessary to attain the purpose of
the Fund.chanrobles virtual law library
Sec. 40.
Implementing Agency. - The OWWA shall be the Secretariat of the
Scholarship Fund Committee. As
such, it shall administer the Scholarship Program, in coordination with
the DOST.chanrobles virtual law library
XII.chanrobles virtual law libraryLEGAL
ASSISTANT FOR MIGRANT WORKERS AFFAIRS
Sec. 41.
Function and Responsibilities. -
The
Legal Assistant for Migrant Workers Affair under the Department of
Foreign Affairs shall be primarily responsible for the provision and
over-all
coordination of all legal assistance services to Filipino Migrant
Workers
as well as Overseas Filipinos in distress. In the exercise of these
primary
responsibilities, he/she shall discharge the following duties and
functions:
(a) Issue the guidelines, procedures and criteria for
the provision of
legal assistance services to Filipino Migrant Workers;
(b) Establish close linkages with the DOLE, POEA, OWWA
and other
government
agencies concerned, as well as with non-governmental organizations
assisting
migrant workers, to ensure effective coordination in providing legal
assistance
to migrant workers,
(c) Tap the assistance of the Integrated Bar of the
Philippines (IBP),
other bar associations, and reputable law firms, as the need arises, to
complement government services and resources to provide legal
assistance
to migrant workers;
(d) Administer the Legal Assistance Fund for Migrant
Workers and to
authorize
its disbursement, subject to approved guidelines and procedures,
governing
its use, disposition and disbursement;
(e) Keep and maintain an information system for migration as provided
in
Sec. 20 of the Act; and
(f) Prepare its budget for inclusion in the Department
of Foreign
Affairs'
budget in the annual General Appropriations Act.chanrobles virtual law library
Sec. 42.
Qualifications and Authority. - The Legal Assistant for Migrant
Workers Affairs shall be headed by a
lawyer
of proven competencein the field of law with at least ten (10) years
experience
as a legal practitioner and who must not have been a candidate to an
elective
office in the last local or national elections. He/she shall be
appointed
by the President of the Philippines. He/she shall have the rank,
salary,
and privileges equal to that of an Undersecretary of Foreign Affairs.chanrobles virtual law library
The Legal Assistant for Migrant Workers Affairs shall
have authority to
hire private lawyers, domestic or foreign, in order to assist him/her
in
the effective discharge of the functions of his/her Office.chanrobles virtual law library
Sec. 43.
Legal Assistance Fund. - The Legal Assistance Fund created under the
Act shall be used
exclusively
to provide legal services for Migrant Workers and Overseas Filipinos in
distress in accordance with approved guidelines, criteria and
procedures.chanrobles virtual law library
It shall be used inter alia for the following
specific purposes:
(a) Payment of attorney's fees to foreign lawyers for
their services in
representing migrant workers facing criminal and other charges;
(b) Bail bonds to secure the temporary release of
workers under
detention
when so recommended by the lawyer;
(c) Court fees, charges and other litigation expenses
when so
recommended
by their lawyers.chanrobles virtual law library
XIII.
MIGRANT WORKERS ANDOTHER
OVERSEAS FILIPINOS RESOURCE CENTER
Sec. 44.
Establishment of Overseas Filipinos Resource Center. -
Pursuant to Sec.s 19 and 23 of the Migrant Workers
and Overseas
Filipinos
Act of 1995, a Migrant Workers and Overseas Filipinos Resource Center
(Filipinos
Resource Center) shall be established in countries where there are at
least
20,000 migrant workers. Where feasible it shall be established within
the
premises of the Embassy.chanrobles virtual law library
When the Filipinos Resource Center is established out
side the premises
of the Embassy, the Department of Foreign Affairs shall exert its best
effort to secure appropriate accreditation from the host government in
accordance with applicable laws and practices.chanrobles virtual law library
Sec. 45.
Services. - The Filipinos Resource Center shall provide the following
services:
(a) Counseling and legal services;
(b) Welfare assistance including the procurement of
medical and
hospitalization
services;
(c) Information, advisory programs to promote social
integration such
as
post-arrival orientation, settlement and community networking services
and activities for social interaction;
(d) Registration of undocumented workers to bring them
within the
purview
of the Act;
(e) Implementation of the Voluntary Membership Program
of OWWA;
(f) Human resource development, such as training and
skills upgrading;
(g) Gender-sensitive programs and activities to assist
particular needs
of migrant workers;
(h) Orientation program for returning workers and
other migrants;
(i) Monitoring of daily situation, circumstances and
activities
affecting
migrant workers and other overseas Filipinos;
(j) Seeing to it that labor and social welfare laws in
the host country
are fairly applied to migrant workers and other overseas Filipinos; and
(k) Conciliation of disputes arising from
employer-employee
relationship.chanrobles virtual law library
Sec. 46.
Personnel. - Each Filipinos Resource Center shall be staffed by a
minimum of four
(4)
personnel composed of the following:
a. a Labor Attache (DOLE)
b. Foreign Service personnel (DFA)
c. a Welfare Officer (OWWA)
d. a Center Coordinator (OWWA)
e. an interpreter, when necessary (local hire)
When the Foreign Service Post is deemed highly
problematic and has a
concentration
of Filipino migrant workers, a lawyer and a social worker may be
deployed
by concerned government agency upon the recommendation of the Chief of
Mission.chanrobles virtual law library
Sec. 47.
Administration. - The Labor Attache shall coordinate the operation of
the Filipinos
Resource
Center and shall keep the Chief of Mission informed and updated on all
matters affecting it.chanrobles virtual law library
Sec. 48.
Round-the Clock Operations. - The Filipinos Resource Center shall
operate on a 24-hour basis includ-
ing Saturdays, Sundays and holidays. A counterpart 24-hour information
and Assistance Center to ensure a continuous network and coordinative
mechanism
shall be established at the DFA.chanrobles virtual law library
Sec. 49.
Budget. - The establishment, yearly maintenance and operating costs of
the
Filipinos
Resource Centers, including the costs of services and programs not
specially
funded under the Act, shall be sourced from the General Appropriations
Act (GAA) and shall be included in the annual budget of DOLE. In the
meantime,
existing Filipino Workers Development Centers presently manned and
operated
by the OWWA shall be funded by the OWWA until such time as the
operating
expenses and other related expenditures of the Filipinos Resource
Centers
are integrated in the GAA.chanrobles virtual law library
However, the salaries and allowances of overseas
personnel shall be
sourced
from their respective agency's budget.chanrobles virtual law library
Sec. 50.
Sharing of information. - The registry of undocumented workers and
other relevant data shall be
provided
by the Filipinos Resource Centers to the inter-agency Committee on
Shared
Information Systems.chanrobles virtual law library
XIV.chanrobles virtual law libraryENFORCEMENT
OF CONTRACTUAL OBLIGATIONS
Sec. 51Role of OWWA. -
The Welfare
Officer, or in his/her absence, the Center Coordinator of
the
Filipinos Resource Center shall make proper representations with the
employer/principal
and/or agency as the case may be, through conciliation meetings or
conferences
for the purpose of enforcing contractual obligations concerning migrant
workers. For this purpose, the officer may enlist the assistance of the
OWWA Home Office.chanrobles virtual law library
XV.chanrobles virtual law libraryREPATRIATION
OF FILIPINO MIGRANT WORKERS
Sec. 52.
Primary Responsibility for Repatriation. -
The repatriation of the worker, or his/her remains,
and the transport
of
his/her personal effects shall be the primary responsibility of the
principal
or agency which recruited or deployed him/her abroad. All costs
attendant
thereto shall be borne by the principal or the agency concerned.chanrobles virtual law library
Sec. 53.
Repatriation of Workers. - The primary responsi bility to repatriate
entails the obligation on the
part of the principal or agency to advance the cost of plane fare and
to
immediately repatriate the worker should the need for it arise, without
a prior determination of the cause of the termination of the worker's
employment.
However, after the worker has returned to the country, the principal or
agency may recover the cost of repatriation from the worker if the
termination
of employment was due solely to his/her fault.chanrobles virtual law library
Every contract for overseas employment shall provide
for the primary
responsibility
of agency to advance the cost of plane fare, and the obligation of the
worker to refund the cost thereof in case hislher fault is determined
by
the Labor Arbiter.chanrobles virtual law library
Sec. 54.
Repatriation Procedure. - When a need for repatriation arises and the
foreign employer fails to
provide
for its cost, the responsible personnel at site shall simultaneously
notify
OWWA and the POEA of such need. The POEA shall notify the agency
concerned
of the need for repatriation. The agency shall provide the plane ticket
or the prepaid ticket advice (PIA) to the Filipinos Resource Center or
to the appropriate Philippine Embassy; and notify POEA of such
compliance.
The POEA shall inform OWWA of the action of the agency.chanrobles virtual law library
Sec. 55.
Action on Non-Compliance. - If the employment agency fails to provide
the ticket or PTA within 48
hours
from receipt of the notice, the POEA shall suspend the license of the
agency
or impose such sanctions as it may deem necessary. Upon notice from the
POEA, OWWA shall advance the costs of repatriation with recourse to the
agency or principal. The administrative sanction shall not be lifted
until
the agency reimburses the OWWA of the cost of repatriation with legal
interest.chanrobles virtual law library
Sec. 56.
Emergency Repatriation. - The OWWA, in coordination with DFA, and in
appropriate situations, with
international agencies, shall undertake the repatriation of workers in
cases of war, epidemic, disasters or calamities, natural or man-made,
and
other similar events without prejudice to reimbursement by the
responsible
principal or agency within sixty (60) days of notice. In such case,
POEA
will simultaneously identify and give notice to the agencies concerned.chanrobles virtual law library
Sec. 57.
Mandatory Repatriation of Underage Migrant Workers. - The responsible
officer at the foreign service post shall immediately
cause
the repatriation of underage Filipino migrantworkers. The cost
attendant
to this activity shall be borne correspondingly by the agency and/or
principal
or the OWWA as the case maybe.chanrobles virtual law library
Sec. 58.
Other Cases of Repatriation. - In all cases where the principal or
agency of the worker cannot be
identified,
cannot be located or had ceased operations, and the worker is in need
and
without means, the OWWA person- nel atjobsite, in coordination with the
DFA, shall cause the repatriation. All costs attendant to repatriation
borne by the OWWA are chargeable to the Emergency Repatriation Fund
provided
in the Act, without prejudice to the OWWA requiring the agency/employer
or the worker to reimburse the cost of repatriation, in appropriate
cases.chanrobles virtual law library
Sec. 59.
Emergency Repatriation Fund. - When repatriation becomes immediate and
necessary, the OWWA shall
advance
the needed costs from the Emergency Repatriation Fund without prejudice
to reimbursement by the deploying agency and/or principal, or the
worker
in appropriate cases. Simultaneously, the POEA shall ask the concerned
agency to work towards reimbursement of costs advanced by the OWWA. In
cases where the cost of repatriation shall exceed One Hundred Million
(P100,000,000.00)
Pesos, the OWWA shall make representation with the Office of the
President
for immediate funding in excess of said amount.chanrobles virtual law library
Sec. 60.
Prohibition on Bonds and Deposits. - In no case shall an employment
agency require any bond or cash deposit
from the worker to guarantee performance under the contract or hislher
repatriation.chanrobles virtual law library
Sec. 61.
Abolition of Mandatory Repatriation Bond. - Pursuant to Sec. 36 of R.A
8042, the mandatory repatriation bond is abolished as of 7 June
1995.chanrobles virtual law library
XVI.chanrobles virtual law libraryMONEY
CLAIMS
Sec. 62.
Jurisdiction of the Labor Arbiters. -
The labor Arbiters of the NLRC shall have the original
and exclusive
jurisdiction
to hear and decide all claims arising out of employer-employee
relationship
or by virtue of any law or contract involving Filipino workers for
overseas
deploy- ment including claims for actual, moral, exemplary and other
forms
of damages, subject to the rules and procedures of the NLRC.chanrobles virtual law library
Sec. 63.
Pending Cases. - All unresolved money claims pending at POEA as of 15
July 1995 shall be
referred to NLRC for disposition.chanrobles virtual law library
Sec. 64.
Solidary Liability. - The liability of the principal/employer and the
recruitmentlplacement
agency
on any and all claims under this Rule shall be joint and solidary. This
liability shall be incorporated in the contract for overseas employment
and shall be a condition precedent for its approval. The performance
bond
to be filed by the recruitment/placement agency, as provided by law,
shall
be answerable for all money claims or damages that may be awarded to
the
workers.chanrobles virtual law library
If the recruitment/placement agency is a juridical
being, the corporate
officers and directors and partners as the case may be, shall
themselves
be jointly and solidarily liable with the corporation or partnership
for
the aforesaid claims and damages.chanrobles virtual law library
Such liabilities shall continue during the entire
period or duration of
the employment contract and shall not be affected by any substitution,
amendment or modification made locally or in a foreign country of the
said
contract.chanrobles virtual law library
Sec. 65.
Compromise Agreement. - Any compromise, amicable settlement or
voluntary agreement on money
claims
inclusive of damages under this Rule shall be paid within four (4)
months
from the approval of the settlement by the appropriate authority.chanrobles virtual law library
XVII.chanrobles virtual law libraryRE-PLACEMENT
AND MONITORING CENTER (RPM CENTER)
Sec. 66.
Re-Placement and Monitoring Center. -
A Re-Placement and Monitoring Center (RPM Center) is
hereby created in
the DOLE for returning Filipino migrantworkers which shall:
(a) provide a mechanism for their reintegration into the Philippine
society;
(b) serve as a promotion house for their local employment; and
(c) tap their skills and potentials for national development.chanrobles virtual law library
The RPM Center shall be under the administrative
supervision and
control
of the Secretary of Labor and Employment. The RPM Center, while serving
the needs of returning migrant workers, shall likewise provide support
to related programs in the Filipinos Resource Centers.chanrobles virtual law library
Sec. 67.
Secretariat. - A Secretariat shall be created to be composed of
technical staff from,
but not limited to, the OWWA, POEA, TESDA, and BLE; and shall be headed
by a Program Manager to be designated by the Secretary of Labor and
Employment.
The Secretariat shall be the coordinating and monitoring body of the
RPM
Center.chanrobles virtual law library
Sec. 68.
Participation of Government, Private Sector and NGOs. -
The DOLE, in pursuit of the objectives and functions
of the Center, may
request the participation of other government agencies, the private
sector
and non-government organizations. Each participating entity shall
identify and develop programs or services related to reintegration for
the attainment of the Center's objectives. A Memorandum of
Agreement
(MOA) shall be entered into by the participating entities to define
their
respective roles.chanrobles virtual law library
Sec. 69.
Functions of the Center. -
(a) Develop livelihood programs and projects for
returning
Filipino
migrant workers in coordination with the private sector;
(b) Coordinate with appropriate
private
and government agencies
in
the promotion, development, re-placement and the full utilization of
the
potentials of returning migrant workers;
(c) Institute, in cooperation with
other
government agencies
concerned,
a computer-based information system on skilled Filipino migrant workers
which shall be accessible to all local recruitment agencies and
employers,
both public and private;
(d) Provide a periodic study and
assessment of job opportunities
for returning Filipino migrant workers;
(e) Develop and implement other
appropriate programs to promote
the
welfare of returning Filipino migrant workers; and
(f) In coordination with DOST,
provide
incentives for
professionals
and other highly skilled Filipinos abroad, especially in the field of
science
and technology, to participate in and contribute to national
development.chanrobles virtual law library
Sec. 70.
Funding for the Center. -
(a) Funds necessary for the establishment and initial
implementation of
the programs or services of the RPM Center shall be sourced from each
of
the participating agencies as may be determined by the Secre tary of
Labor
and Employment.
(b) Funds for the operation of the RPM Center shall
come from the
General
Appropriations Act and shall be integrated into the annual budget of
the
DOLE.chanrobles virtual law library
XVIII.chanrobles virtual law librarySHARED
GOVERNMENT INFORMATION SYSTEM FOR MIGRATION
Sec. 71.
Composition. -
Said Inter-Agency Committee shall be composed of the following agencies:
(a) The Department of Foreign Affairs, as Chairman,
(b) Department of Labor and Employment, as Vice chairman;
(c) Department of Justice;
(d) Department of Tourism;
(e) Philippine Overseas Employment Administration;
(f) Overseas Workers Welfare Administration;
(g) Bureau of immigration;
(h) National Bureau of investigation;
(i) National Statistics Office; and
(j) Commission on Filipinos Overseas
Sec. 72.
Initially, the Inter-Agency Committee shall make available to itself
the
information contained in existing data bases/files. The second phase
shall
involve the linkaging of computer facilities in order to allow
free-flow
data exchanges and sharing among concerned agencies.chanrobles virtual law library
Sec. 73.
Information and data acquired through this shared information system
shall
be treated as confidential and shall only be used for lawful and
official
purposes, connected to the usual functions of the member agencies, and
for purposes envisioned by R.A.
8042.chanrobles virtual law library
Sec. 74.
The Inter-Agency Committee shall convene to identify existing data
bases
which shall be declassified and shared only among member agencies.
These
shared data bases shall initially include, but not be limited to, the
following:
(a) Masterlists of Filipino migrant workers/mail order
brides/overseas
Filipinos classified according to occupation/job category, civil
status,
by country/state of destination including visa classification;
(b) Inventory of pending legal cases involving
Filipino migrant workers
and other Filipino nationals, including those serving prison terms;
(c) Masterlist of departing/arriving Filipinos;
(d) Statistical profile on Filipino migrant
workers/overseas
Filipinos/tourists;
(e) Blacklisted foreigners/undesirable aliens;
(f) Basic data on legal systems, immigration policies,
marriage laws
and
civil and criminal codes in receiving countries particularly those with
large numbers of Filipinos;
(g) List of labor and other human rights instruments
where receiving
countries
are signatories;
(h) A tracking system of past and present gender
disaggregated cases
involving
male and female migrant workers;
(i) Listing of overseas posts which may render
assistance to overseas
Filipinos,
in general, and migrant workers, in particular.chanrobles virtual law library
(j) Listing of accredited recruiters and recruitment
agencies;
(k) Listing of accredited foreign employers; and
(l) Listing of recruiters and recruitment agencies
with decided/pending
criminal/civil/administrative cases, and their dispositions.chanrobles virtual law library
For purposes
of declassifying information, the inter-agency Committee shall
establish
policies, guidelines and procedures.chanrobles virtual law library
Sec. 75.
The Inter-Agency Committee shall submit appropriate recommendations to
the President. It shall also provide information and factual basis for
the report to Congress by the DFA and DOLE.chanrobles virtual law library
Sec. 76.
Secretariat. -
A secretariat which
shall provide
administrative and support services
to
the inter-agency Committee shall be based in the DFA.chanrobles virtual law library
Sec. 77.
Funds. - There is hereby allocated the initial amount of P1OM from the
Philippine
Charity Sweepstakes Office to carry out the provisions of this Rule.
Thereafter,
the actual budget of the inter-agency Committee shall be drawn from the
General Appropriations Act in accordance with Sec. 38 of R.A.
8042.chanrobles virtual law library
XIX.chanrobles virtual law libraryMIGRANT
WORKERS DAY
Sec. 78.
Commemoration. -
The DOLE shall
lead and enlist the cooperation of other government
agencies
in the commemoration of a Migrant Workers Day on 7 June of every year.chanrobles virtual law library
XX.chanrobles virtual law libraryMISCELLANEOUS
PROVISIONS
Sec. 79.
Additional Members of the POEA and OWWA Boards. -
The POEA and OWWA Boards shall have at least three (3)
additional
members
each to come from the women, sea-based and land-based sectors, and to
be
appointed by the President.chanrobles virtual law library
Sec. 80.
Reports to Congress. - The DFA and DOLE shall submit to Congress the
required reports under Sec.
33 of the Act on or before the last day of the Quarter following
the
reporting period.chanrobles virtual law library
Section 81.
Repealing Clause. - All Department Orders, Circulars and implementing
Rules and Regulations
inconsistent with these Omnibus Rules and Regulations are hereby
repeated
or amended accordingly.chanrobles virtual law library
Section
82.
Effectivity. -
The provisions of
these Rules and Regulations shall take effect fifteen
days (15) after publication in two (2) newspapers of general
circulation.chanrobles virtual law library
Done in the City of Manila, this 29th day of February
1996.
(Sgd.)
DOMINGO L. SIAZON, JR.chanrobles virtual law library
Secretary
Department
of Foreign Affairs(Sgd.)
JOSE S. BRILLANTES
Acting
Secretary
Department
of Labor and Employment
|