AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995,

Case Overview and Summary

Summary of Republic Act No. 10022 (Migrant Workers and Overseas Filipinos Act of 1995, as amended)

Declaration of Policies (Section 1)
- Uphold dignity of Filipino citizens, especially migrant workers
- Monitor international conventions and enter bilateral agreements to protect migrant workers
- Recognize non-government organizations as partners in protecting migrant workers
- Provide adequate social, economic and legal services to migrant workers
- Overseas employment is not promoted as a means to achieve economic growth
- Apply gender-sensitive criteria in policies affecting migrant workers
- Ensure access to courts and legal assistance for distressed overseas Filipinos
- Recognize right of migrant workers to participate in decision-making processes
- Deploy only skilled Filipino workers as soon as practicable

Deployment of Migrant Workers (Sections 1-7)
- Allow deployment only to countries that guarantee protection of migrant workers' rights (Section 1)
- Liability of POEA Governing Board members for allowing deployment without guarantees (Section 2)
- Allow deployment to ships navigating foreign seas and offshore installations (Section 3)
- Allow deployment to companies with international operations (Section 4)
- Deploy only skilled workers as soon as adequate mechanisms are in place (Section 5)
- POEA Governing Board may terminate or ban deployment in certain cases (Section 6)

Illegal Recruitment (Sections 4-8)
- Definition of illegal recruitment and prohibited acts (Section 4)
- Illegal recruitment by syndicate or in large scale is economic sabotage (Section 4)
- Other prohibited acts related to loans, health exams, training, and agency operations (Section 4)
- Penalties for illegal recruitment, including fines from P1,000,000 to P5,000,000 and imprisonment from 12 years to life (Section 7)
- Venue and prescription period for illegal recruitment cases (Sections 6-7)
- Independent action for other offenses (Section 8)

Money Claims (Sections 9-10)
- NLRC has jurisdiction over money claims arising from employer-employee relationship (Section 10)
- Joint and several liability of principal/employer and recruitment agency (Section 10)
- Compromise agreements must be paid within 30 days (Section 10)
- Compensation for illegal termination or unauthorized deductions (Section 10)
- Disqualification of foreign employers from POEP for non-payment of judgments (Section 10)

Role of DFA (Sections 1-4)
- Assistance to nationals is a pillar of Philippine foreign policy (Section 1)
- Advocate for protection of migrant workers in international and regional forums (Section 2)
- Establish harmonious relations with receiving countries through bilateral agreements (Section 2)
- One country-team approach for officers and personnel posted abroad (Section 3)
- Lead agency in negotiating international agreements (Section 4)

Legal Assistance for Migrant Workers Affairs (Sections 1-3)
- Responsibilities of the Legal Assistant, including issuing guidelines and administering the Legal Assistance Fund (Section 1)
- Qualifications and authority of the Legal Assistant (Section 2)
- Use of Legal Assistance Fund for legal services, bail bonds, and litigation expenses (Section 3)

Role of DOLE (Sections 1-21)
- Ensure fair application of labor laws to migrant workers (Section 1)
- Functions of POLO, including verifying contracts and monitoring situations (Section 2)
- POEA regulates private sector recruitment and secures best employment terms (Sections 3-4)
- POEA deploys workers primarily through government-to-government arrangements (Section 4)
- POEA establishes Foreign Employers Guarantee Fund (Section 5)
- POEA has jurisdiction over administrative cases related to recruitment (Sections 6-11)
- OWWA formulates welfare programs and assists in enforcing contractual obligations (Sections 12-13)
- Establishment and functions of NRCO for reintegration of returning workers (Sections 14-16)
- Establishment and services of Migrant Workers Resource Center (Sections 17-22)

Role of DOH (Sections 1-4)
- Regulate clinics conducting health exams for migrant workers (Section 1)
- Ensure reasonable fees, freedom of choice, and compliance with standards (Section 1)
- Temporary disqualification of foreign employers not honoring exam results (Section 2)
- Liability of clinics for unfit workers and penalties for violations (Sections 3-4)

Role of LGUs (Section 1)
- Disseminate information on overseas employment and fight illegal recruitment (Section 1)
- Provide venues for PEOS, establish help desks, and maintain OFW databases (Section 1)

Repatriation of Workers (Sections 1-9)
- Primary responsibility of principal/employer/agency to advance repatriation costs (Section 2)
- Repatriation procedure and actions for non-compliance (Sections 3-4)
- Emergency repatriation by OWWA and international agencies (Section 5)
- Mandatory repatriation of underage workers and penalties for deploying them (Section 6)
- Other cases of repatriation and use of Emergency Repatriation Fund (Sections 7-8)
- Prohibition on requiring bonds or deposits from workers (Section 9)

Shared Government Information System (Sections 1-8)
- Establishment of Inter-Agency Committee to implement the system (Section 1)
- Availability, accessibility and linkaging of computer systems (Sections 2-3)
- Declassification and sharing of existing information (Section 4)
- Confidentiality of information (Section 5)
- Regular meetings and possibility of central storage facility (Section 6)
- Secretariat and funding (Sections 7-8)

Migrant Workers Loan Guarantee Fund (Sections 1-6)
- Definitions of pre-departure loans and family assistance loans (Section 1)
- Establishment of P100,000,000 fund to guarantee repayment of loans (Sections 2-4)
- Financing scheme and guarantee agreement with GFIs (Sections 5-6)

Compulsory Insurance Coverage (Sections 1-17)
- Requirement for recruitment agencies to secure insurance for deployed workers (Section 1)
- Minimum coverage: accidental/natural death, disability, repatriation, subsistence allowance, money claims, compassionate visit, medical evacuation/repatriation (Section 2)
- Duty to explain coverage and assist in claims (Section 3)
- Qualification of insurance companies (Section 4)
- Requirement for OEC issuance and acceptance of foreign insurance (Section 5)
- Notice of claim and documentary requirements (Sections 6-9)
- Settlement of money claims (Section 10)
- Disputes to be brought before IC (Section 11)
- Penalties for violations by recruitment agencies (Section 12)
- Optional coverage for rehires, name hires and direct hires (Section 14)
- Formulation of implementing rules by IC, DOLE, NLRC and POEA (Section 15)
- Annual assessment of insurance providers (Section 16)
- Automatic review after 3 years (Section 17)

Miscellaneous Provisions (Sections 1-8)
- Additional POEA and OWWA board members from women, sea-based and land-based sectors (Section 1)
- Guidelines for selection and nomination of additional board members (Section 1)
- Reporting requirements to Congress and penalties for non-compliance (Sections 2-3)
- Exemption from travel tax, airport fee and documentary stamp tax for OFWs (Section 4)
- Establishment of Congressional Migrant Workers Scholarship Fund of P150,000,000 (Section 5)
- Creation and functions of Scholarship Fund Committee (Sections 6-7)
- OWWA as implementing agency for Scholarship Program (Section 8)

Transitory Provisions (Sections 1-2)
- Applicability of criteria for receiving countries and issuance of certifications (Section 1)
- Effectivity of compulsory insurance requirement (Section 2)

Final Provisions
- Repealing inconsistent orders, circulars and rules (Section 1)
- Effectivity 15 days after publication in newspapers (Section 2)