Department of Migrant Workers Act
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Department of Migrant Workers Act
Republic Act No. 11641
December 30, 2021
Case Overview and Summary
Summary of Republic Act No. 11641 (Department of Migrant Workers Act):Short Title and Declaration of Policies (Sections 1-2):
- The Act shall be known as the "Department of Migrant Workers Act".
- It declares the State's duty to protect the rights and promote the welfare of Overseas Filipino Workers (OFWs) and their families.
- The State commits to align its programs and policies towards the Global Compact for Safe, Orderly and Regular Migration.
- The State does not promote overseas employment as a means for economic growth but aims to strengthen the domestic labor market for effective reintegration of OFWs.
Definition of Terms (Section 3):
- Defines key terms such as "Agarang Kalinga at Saklolo para sa mga OFWs na Nangangailangan (AKSYON) Fund", "ethical recruitment", "in distress", "license", "manning agency", "overseas employment", "Overseas Filipino Worker (OFW)", "recruitment agency", "reintegration program", and "seafarer".
Creation and Mandate of the Department (Sections 4-5):
- Creates the Department of Migrant Workers by consolidating and merging various agencies related to overseas employment.
- The Department shall be the primary agency tasked with protecting the rights and promoting the welfare of OFWs, regulating and managing their overseas employment, and facilitating their reintegration.
Powers and Functions of the Department (Section 6):
- Formulate and implement policies, plans, programs, and guidelines for the protection of OFWs.
- Regulate the recruitment, employment, and deployment of OFWs.
- Investigate and prosecute illegal recruitment and human trafficking cases.
- Protect and promote the welfare of OFW families.
- Assist the DFA in building partnerships with foreign countries and negotiating agreements related to labor migration.
- Provide trainings and job matching services for OFWs.
- Regulate and ensure compliance of private recruitment and manning agencies.
- Establish a 24/7 Emergency Response and Action Center Unit.
- Perform other functions assigned from absorbed agencies.
Composition and Structure of the Department (Sections 7-11):
- The Department shall consist of the Office of the Secretary, Undersecretaries, Assistant Secretaries, Service Units, Bureaus, Regional Offices, and Overseas Migrant Workers Offices (MWOs).
- Outlines the specific offices and functions under each Undersecretary.
- Qualifications for the Secretary, Undersecretaries, and Assistant Secretaries are specified.
Regional Offices and Structure (Sections 11-12):
- The Department shall establish regional, provincial, and field offices, including one-stop shop centers for OFW services.
- The organizational structure and staffing pattern shall be determined by the Department in accordance with civil service laws.
- The POEA Governing Board shall be renamed as the Advisory Board on Labor Migration and Development.
Sectoral and Industry Task Forces and Tripartite Councils (Section 13):
- The Department may create sectoral and industry task forces, advisory bodies, or committees.
- The Maritime Industry Tripartite Council (MITC) and Overseas Land-based Tripartite Consultative Council (OLTCC) shall be transferred to the Department.
Agarang Kalinga at Saklolo para sa mga OFWs na Nangangailangan (AKSYON) Fund (Section 14):
- Establishes the AKSYON Fund to provide legal and other forms of assistance to OFWs.
- The Secretary shall issue guidelines regarding the use of the AKSYON Fund within 30 days.
Migrant Workers Office (MWO) (Section 15):
- The MWO shall be the operating arm overseas of the Department.
- Within 3 years, all Philippine Foreign Service Posts shall have an operational MWO.
- Outlines the functions and responsibilities of the MWO.
- The qualifications, hiring, training, and deployment of MWO officials shall be established by the Department.
Migrant Workers Resource Center (MWRC) (Section 16):
- The MWRC shall absorb the functions of the Migrant Workers and Other Filipinos Resource Center.
- It shall provide temporary shelters to distressed OFWs.
Full-Cycle National Reintegration Program (Section 17):
- The Department shall develop and implement a comprehensive national reintegration program for OFWs.
- The program shall cover economic, social, psychosocial, gender-responsive, and cultural dimensions.
- The National Reintegration Center for OFWs (NRCO) shall serve as the lead office.
Management Information System (Section 18):
- The Department shall establish a computer-based Management Information System (MIS) for OFWs within 6 months.
- The MIS shall serve as a registry of skills of OFWs and be congruent with national industrialization and employment programs.
Consolidation and Merger of Agencies and Functions (Section 19):
- Lists the agencies and functions to be consolidated and merged into the Department.
Attached Agency (Section 20):
- The Overseas Workers Welfare Administration (OWWA) shall be attached to the Department for policy and program coordination.
- The OWWA Fund shall be used for the welfare of member-OFWs and their families.
Reorganization and Other Transitory Provisions (Sections 21-23):
- Outlines the rules for the transfer of functions, assets, funds, personnel, and liabilities of affected agencies.
- Provides for the separation and retirement benefits of affected employees.
- Establishes a 2-year transition period for the full operation of the Department.
- Creates a Transition Committee to facilitate the implementation.
Coordination with the Bangsamoro Ministry of Labor and Employment (Section 24):
- The Department shall coordinate with the Bangsamoro Ministry of Labor and Employment on the training, protection, and deployment of overseas Bangsamoro workers.
Congressional Oversight Committee and Submission of Annual Reports (Section 25):
- Creates a Congressional Oversight Committee to monitor the implementation of the Act.
- The Department shall submit an annual report to the Committee detailing the situation of OFWs.
Appropriations (Section 26):
- The initial implementation shall be funded from the current appropriations of the subsumed agencies.
- Subsequent funding shall be included in the annual General Appropriations Act.
Mandatory Review by the Reorganization Commission (Section 27):
- Five years after the effectivity of the Act, the President shall constitute a Reorganization Commission to evaluate the accomplishments and impact of the Act.
- The Commission may recommend the reorganization, consolidation, or abolition of the Department based on its evaluation.
Implementing Rules and Regulations (Section 28):
- The Transition Committee shall promulgate the implementing rules and regulations within 75 days.
Separability Clause (Section 29)
Repealing Clause (Section 30)
Effectivity (Section 31)
- The Act shall take effect 15 days after its publication in the Official Gazette and at least two newspapers of general circulation.
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Tags
Statutes
Republic Acts
Overseas Filipino Workers (OFWs)
Department of Migrant Workers
Migrant Workers Office (MWO)
Agarang Kalinga at Saklolo para sa mga OFWs na Nangangailangan (AKSYON) Fund
Overseas Workers Welfare Administration (OWWA)
Reintegration Program
Recruitment Agencies
Manning Agencies
Illegal Recruitment
Human Trafficking
Global Compact for Safe, Orderly and Regular Migration
Congressional Oversight Committee
Reorganization Commission
Transition Committee
Implementing Rules and Regulations
Law
Department of Migrant Workers Act
Republic Act No. 11641
•December 30, 2021
December 30, 2021
REPUBLIC ACT NO. 11641
AN ACT CREATING THE DEPARTMENT OF MIGRANT WORKERS, DEFINING ITS POWERS AND FUNCTIONS, RATIONALIZING THE ORGANIZATION AND FUNCTIONS OF GOVERNMENT AGENCIES RELATED TO OVERSEAS EMPLOYMENT AND LABOR MIGRATION, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
SECTION 1. Short Title. — This Act shall be known as the "Department of Migrant Workers Act."
SECTION 2. Declaration of Policies. — It is the duty of the State to protect the rights and promote the welfare of Overseas Filipino Workers and their families, by: (a) ensuring that private recruitment shall meet professional, legal, and ethical standards; (b) obtaining the best possible conditions of work that uphold the dignity of Overseas Filipino Workers; (c) providing timely and responsive services to address their needs regardless of legal status; (d) ensuring their participation in the formulation of policies affecting their welfare; and (e) providing mechanisms for skills development and reintegration.
In adherence to ratified international conventions and bilateral or multilateral treaties on migration, the State commits to progressively align its programs and policies towards...
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