NINI A. LANTO Philippine Overseas Employment Administration Department of Labor and Employment Philippines

The views expressed in this presentation are the views of the author and do not necessarily reflect the views or policies of the Asian Development Bank Institute (ADBI), the Asian Development Bank (ADB), its Board of Directors, or the governments they represent. ADBI does not guarantee the accuracy of the data included in this paper and accepts no responsibility for any consequences of their use. Terminology used may not necessarily be consistent with ADB official terms.

OUTLINE

I. Legal Framework II. Salient Features of Migrant Workers and

Overseas Filipinos Act of 1995 III. Areas of Responsibilities of Entities

Involved in Philippine Labor Migration IV. General Policies in Managing and

Regulating Philippine Labor Migration V. General Principles

I. LEGAL FRAMEWORK GOVERNING PHILIPPINE LABOR MIGRATION

The Philippine Labor Code (1974) - regulated the participation of the private

sector in the recruitment and placement of workers locally and abroad. Executive Order 797 (1982) – created the Philippine Overseas Employment

Administration (POEA) which is the central government agency mandated to manage

and regulate the Philippine overseas employment program.

Republic Act 8042 (1995) Known as the Migrant Workers and

Overseas Filipinos Act of 1995): - instituted the policies on overseas employment.

- established a higher standard of protection and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress.

- deregulate recruitment activities of the private sector.

…Legal Framework

Republic Act No. 9422 (2007; Amending RA 8042)

- strengthened the regulatory functions of the POEA. Republic Act No. 10022 (2010; Amending RA

8042) - expanded and further strengthened the

protection of the rights and welfare of Filipino migrant workers and their families.

…Legal Framework

II. SALIENT FEATURES OF MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995

1. Provision of adequate and timely social, economic and legal services to Filipino migrant workers.

2. Deployment of overseas Filipino workers only to countries where their rights are protected.

3. Definition of illegal recruitment activities and their corresponding penalties.

4. Worker information and education on labour migration.

5. Mandatory repatriation of underage migrant workers.

6. Repatriation of workers upon contract termination, or in case of war, epidemic, disaster or calamities and other emergency situations.

7. Establishment of a national reintegration center for overseas Filipino workers.

8. Compulsory insurance coverage for agency- hired workers at no cost to the worker.

9. Delineation of functions of government and non-government bodies involved in labor migration.

…Salient Features

A. Department of Labor and Employment (DOLE)

- promote gainful employment opportunities, develop human resources, protect workers and promote their welfare and maintain industrial peace. - formulate policies and implement programs in the areas of labor and employment. - shall see to it that labor and social welfare laws in the foreign countries are fairly applied to migrant workers, including overseas Filipino workers.

B. Philippine Overseas Employment Administration (POEA)

- regulate the participation of the private sector in the recruitment and placement of workers overseas thru a licensing and registration system.

- secure the best possible terms and conditions of employment for the workers.

- inform and educate migrant workers of their rights and the realities of overseas employment.

- protect migrant workers from illegal recruitment and human trafficking.

- issue clearance for the deployment of migrant workers.

…Areas of Responsibilities

C. Overseas Workers Welfare Administration (OWWA)

- manage the welfare fund of OWWA members. - provide all necessary assistance to workers and

their families in the enforcement of contractual obligations of recruitment agencies and employers.

- formulate and implement welfare programs for migrant workers and their families while they are abroad and upon their return.

- provide financial, loan and scholarship assistance to OWWA members and their families.

- undertake the immediate repatriation of migrant workers in distress as may be required.

…Areas of Responsibilities

- conduct pre-departure orientation seminars and training to migrant workers hired for overseas employment.

- conduct post arrival orientation seminars to migrant workers in the jobsite. D. Technical Education and Skills

Development Authority (TESDA) - develop and implement modules and programs for skills training and development. - assess and certify workers’ skill competency.

…Areas of Responsibilities

E. Professional Regulation Commission (PRC) - manage and regulate the practice of regulated professions. - certify and issue license to individuals practicing regulated professions.

F. National Reintegration Center for Overseas Filipino Workers (NRCO)

- provide mechanism for the reintegration of returning migrant workers into the mainstream of the Philippine society. - develop and support programs and projects for livelihood, entrepreneurship, savings, investments and financial literacy for returning migrant workers and their families.

…Areas of Responsibilities

G. Department of Foreign Affairs (DFA)

- formulate and implement policies and programs to promote and protect the rights and welfare of

Filipino migrant workers. - provide consular assistance to migrant workers

abroad. - provide legal assistance to overseas Filipinos in

distress, including their immediate repatriation, as may be necessary.

- certify on the compliance or non-compliance of labor receiving countries with the guarantees on the protection of the rights of migrant workers.

- lead agency to advise and assist the President on foreign relations

…Areas of Responsibilities

H. Department of Health (DOH) - regulate the operations of medical clinics in the conduct of pre-employment medical examinations on migrant workers. I. Insurance Commission (IC) - regulate the operations of private insurance providers.

- determine the legitimacy and capability of private insurance providers to provide the compulsory insurance coverage of migrant workers as required under RA 10022.

…Areas of Responsibilities

J. National Labor Relations Commission (NLRC)

- hear and decide cases filed by migrant workers including money claims, claims for actual, moral, exemplary and other forms of damages.

K. Local Government Units (LGUs) - disseminate information to their

constituents on all aspects of overseas employment in partnership with other government agencies and non-government organizations advocating the rights and welfare of migrant workers. …Areas of Responsibilities

L. Migrant Workers and other Overseas Filipinos Resource Center (FWRC)

- established within the premises and under the administrative jurisdiction of Philippine Embassies.

- to provide 24/7 services, including care and assistance, counseling, hospitalization, repatriation of distressed migrant workers.

- conduct post-arrival orientation seminars to workers on site.

- register undocumented workers.

…Areas of Responsibilities

M. Congressional Oversight Committee (COC) - monitor and ensure the proper

implementation of RA 8042, as amended, and all programs, projects and activities related to overseas employment.

…Areas of Responsibilities

A. Industry regulation 1. licensing of private recruitment agencies to

participate in the labor migration program. 2. regulation of agency operations, including

qualifications of agency owners and operators, required capitalization for agency operations, agency performance, collection of placement fee.

3. recognition and incentive award system, penalty and disqualification system for private recruitment agencies and foreign employers, and migrant workers.

4. pre-licensing and continuing agency education program for private

recruitment agencies. 5. hear and decide cases of recruitment violations. 6. impose corresponding penalty to

erring agencies, employers and workers. 7. cancel / suspend agency license.

8. watchlist / blacklist erring employers and workers.

…General Policies

B. Employment Facilitation

1. a highly organized system of accreditation and registration of foreign employers and documentation and registration of migrant workers.

2. labor market research and development of employment standards.

3. electronic database on employer and worker registration and other labor migration data.

4. on-line employer and worker documentation system.

5. forging of bilateral / multilateral labor cooperation / agreement with labor host governments.

…General Policies

C. Worker Protection

1. Worker information and education program thru:

A. Pre-Employment Orientation Seminar (PEOS)

- nationwide high profile anti-illegal recruitment / anti-trafficking in persons campaign to:

curb illegal recruitment, and increase the awareness of would-be

migrant workers on the realities of overseas employment to enable them to come up with wise and sound decision on whether or not to pursue overseas employment.

…General Policies

B. Pre-departure Orientation Seminar (PDOS)

- orient workers before leaving on their duties and responsibilities, culture, living and working conditions in their countries of destination.

C. Post-Arrival Orientation Seminar

(PAOS) - on-site briefing of the workers on the

actual situations and realities relating to their working and living condition in the labor host country.

…General Policies

2. Country and skill specific guidelines in worker documentation, as may be required:

- prescribed minimum salary rate, age requirement and standard employment contracts for vulnerable skills.

- appropriate training and skills certification required for domestic workers (DWs) .

- strictly no placement fee policy for DWs, and for workers bound to countries where collection of placement fees from migrant workers is prohibited by the host governments.

…General Policies

- individual employment contracts duly verified by Philippine Labor Attaches in the jobsite are required in the processing of contracts of DWs, drivers and female semi-skilled workers;

- insurance coverage requirement for drivers bound for the Middle East.

…General Policies

1. Partnership with and among concerned government and private entities.

As provided for in the law, the State recognizes non-government organizations, trade unions, workers associations, civil societies and other similar legitimate entities as partners of the State in the protection of Filipino migrant workers and in the promotion of their welfare.

2. Policies affecting the employment and welfare of migrant workers are formulated under the principle of transparency and in consultation with all industry stakeholders, both government and private. 3. The rights and privileges of migrant workers are enshrined in relevant laws. 4. Programs and services provided to migrant

workers are circular and comprehensive- from pre-application, pre-employment, employment and post-employment stages.

5. The thrust of Philippine labor migration is worker’s rights protection and welfare promotion.

…General Principles