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8/12/2019 RA 10022 Briefer
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Republic Act No. 10022An Act Amending Republic Act No. 8042
Otherwise Known as the Migrant Workers
and Overseas Filipinos Act of 1995, asamended,
Further Improving the Standard of
Protection and Promotion of the
Welfare of Migrant Workers, Their Familiesand
Overseas Filipinos in Distress,
and For Other Purposes
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Basis for Crafting of IRR
Lapsed into law 8 March 2010
Published 23 April 2010
Effective 8 May 2010
Section 25, R.A. 10022 IRR within 60days from effectivity
IRR signed 8 July 2010 (DFA, DOLE, DOH,NLRC, IC)
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Amended 8042 Provisions
Declaration of Policies [ALL] Criteria for Host Countries [DOLE, POEA, DFA] Termination or Ban on Deployment [POEA, DFA] Definition of Illegal Recruitmentlist of acts that
may be committed by licensed recruiters [DOJ,POEA, DOLE]
Prosecution and Penalties [DOJ, POEA] Money Claims [NLRC] Free Legal Assistance and Witness Protection
[POEA, DOJ, DFA] Mandatory Repatriation of Underage OFWs [POEA,
OWWA]
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Amended 8042 Provisions
National Reintegration Center for OFWs[DOLE, OWWA, NRCO, POEA, TESDA, TLRC]
Migrant Workers and Other Overseas FilipinosResource Center [DFA, DOLE, OWWA,DSWD]
Shared Government Information System for aMigration [DFA, CFO, DOLE, DOT, DOJ, BI,NBI, DILG, NTC, CICT, NCC, NSCB, NSO]
Role of POEA, OWWA, DOH, LGUs [+ DOLE,DILG]
Legal Assistant for Migrant Workers [DFA]
Legal Assistance Fund [DFA]
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Amended 8042 Provisions
POEA and OWWA Board Memberships[DOLE, POEA, OWWA]
Report to Congress [DFA, DOLE]
Exemption from Travel Tax, DocumentaryStamp Tax, and Airport Fee [DOLE, POEA,DOF]
Compulsory Insurance Coverage for Agency-Hired Workers [IC, DOLE, POEA, NLRC]
Congressional Oversight Committee
Funding
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Definition of Terms
Contracted worker
Direct hire
Employment contract
Head or manage a licensed agency
Joint and several liability
Regular/irregular migrant workers
OFW/migrant workers includes legalresidents
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Contracted worker
refer to Filipino workers with employmentcontracts already processed by the POEAfor overseas deployment.
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Direct Hire --
refer to workers directly hired by employers foroverseas employment as authorized by theSecretary of Labor and Employment and processedbythe POEA, including:
1. Those hired by international organizations;2. Those hired by members of the diplomatic corps;3. Name hires or workers who are able to secureoverseas employment opportunities with employerswithout the assistance or participation of anyagency.
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Employment contract
refers to the following:1. For land-based workers hired by privaterecruitment/employment agencies - an individualwritten agreement between the foreign
principal/employer and the worker based on themaster employment contract approved by theAdministration; and
2. For seafarers - the written standard POEA-
approved employment contract stipulating aspecific period of employment and formulatedthrough tripartite consultation, individuallyadopted and agreed upon by the
principal/employer and the seafarer.
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Head or manage
refers to any of the following acts:
1. Control and supervise the operations of therecruitment/manning agency or branch thereofof which they are employed; or
2. Exercise the authority to hire or fireemployees and lay down and executemanagement policies of therecruitment/manning agency or branch thereof.
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Joint and several liability (JSL)
-- the liability of the principal/employer and therecruitment/manning agency, for any and allclaims arising out of the implementation of theemployment contract involving Filipino workersfor overseas deployment. If the recruitment/manning agency is a juridical being, thecorporate officers and directors and partners, asthe case may be, shall themselves be jointly and
severally liable with the corporation orpartnership for the aforesaid claims anddamages.
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Regular/Documented OFW
1. Those who possess valid passports andappropriate visas or permits to stay andwork in the receiving country; and
2. Those whose contracts of employmenthave been processed by the POEA, or
subsequently verified and registered on-site by the POLO, if required by law orregulation.
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Overseas Filipino Worker (OFW)
-- A person who is to be engaged, is engaged,or has been engaged in a remunerated activityin a state of which he or she is not a citizen oron board a vessel navigating the foreign seas
other than a government ship used for militaryor non-commercial purposes, or on aninstallation located offshore or on the high seas.
A person to be engaged in a remuneratedactivity refers to an applicant worker who hasbeen promised or assured employmentoverseas.
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Declaration of Policies
State bilateralism, multilateralism toguarantee protection of migrant workers
Regular/documented,irregular/undocumented
Free and accessible skills developmentand enhancement programs Expandaccess, subject to guidelines
Recognition of trade unions and recruitersas partners in the protection of OFWs
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Criteria for Host Countries
Existing labor and social laws or signatory orratifier of multilateral conventions,declarations, or resolutions or concluded
bilateral agreement or arrangement Positive, concrete measures to protect the
rights of migrant workers in furtherance ofany of the 3 criteria definition
Procedure: DFA Certification, POEAGoverning Board Resolution, POEAimplementation
Penalties for violation
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Criteria for Host Countries
Transitory provisions:
90 days for DFA to survey countries andproduce certifications in destinations
where there is an Embassy 120 days for countries where there are no
embassies
Until certifications or determinations ofnon-compliance are made and withinperiodsstatus quo
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Termination or Ban on
Deployment Notwithstanding compliance criteria for
host countries
After consultation with DFA
POEA Governing Board may terminate orimpose a ban on the deployment of OFWs
May lift or grant exceptions to the ban
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Travel Advisory, Labor
Situationer Travel advisorysecurity-oriented, issued
by DFA
Labor situationerinfo on employmentconditions, migration realities, issued byPOEA
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Definition of Illegal Recruitment
Excessive fees to make a worker acknowledge any greateramount
Reprocessing job order that pertains to nonexistent work,work different from the actual overseas work, or work with adifferent employer whether or not POEA-registered
Anti-union bias Withholding or denying travel documents for any
unauthorized reason Failure to deploy a contracted worker Non-Filipino citizen heading or managing an agency
Prohibited acts: Excessive placement fee loans, exclusiveloans, refusal to condone or renegotiate, decking practice,exclusive training, recruitment by suspended agencies,payment of compulsory insurance policy
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Prosecution and Penalties
Affidavits and testimony of operatives orpersonnel from DOLE, POEA who witnessedIR sufficient to prosecute
DOJ prosecutors may allow collaboration withPOEA lawyers POEA may take the lead
Increase in penalties for simple IR: 6-12to 12-20, 200T-500T to 1M-2M; increase in
fines for economic sabotage Officers having ownership responsible for
commission of IR criminally liable
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Money Claims
NLRC shall endeavor to update and keepabreast with the developments in theglobal services industry international
conferences, overseas missionsVoluntary arbitration for OFWs covered by
CBAs
3-months salary payment rule for illegalterminations
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Anti-Illegal Recruitment
Program Mechanism for POEA legal assistance for
IR victims
Coordination with IBP, DOJ, and othernon-governmental organizations andvolunteer groups
Prosecution, Surveillance
Closure of establishments
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Repatriation
Reiteration of existing rules primaryresponsibility of employer/agency
Exit visa provisions
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Mandatory Repatriation of
Underage Migrant Workers
License of recruitment/manning agency automaticallyrevoked
Fine 500T-1M
Refund of fees in full Refund independent of payment of damages
Underage Migrant Workers are those who are below
18 years of age or below the minimum age requirementfor overseas employment as determined by the
Secretary of Labor and Employment.
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Roles of Govt Agencies
DFA (Assistance to nationals, negotiationof international agreements)
DOLE (POEA, OWWA, NRCO, MigrantWorkers Center)
DOH
LGUs
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National Reintegration Center
for OFWs
Establishment of the NRCO
Priority to returning HSWs andentertainers
Functions (livelihood andentrepreneurship, computer-based systemon returning OFWs, periodic study andassessment of job opportunities, capacity-building programs]
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Migrant Workers Center
24-7 operations If available, individual volunteers and bona
fide non-government organizations
High problematic countries and concentrationof OFWs Sharia or human rights lawyer,psychologist, social worker
In such number as may be needed publicrelation officers or case officers
Labor Attach coordinates operation keepChief of Mission informed
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Shared Government Information
System for Migration
Composition
First phase make available to itself infocontained existing databases/files
Second phase linkaging of computerfacilities to allow free flow data exchangesand sharing among agencies
DFA and DOLE to co-chair; additionalmembers
Info in shared databases
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Role of POEA
Set up a license and registration system A system for promoting and monitoring the overseas
employment of Filipino workers Regulation and management of overseas employment from
pre-employment stages Take into consideration the needs of vulnerable sectors Allow lifting of suspension of erring agencies upon payment of
50T fine for every month of suspension Inform OFWs of rights of migrant workers as human beings Partnership with law enforcement agencies PEOS to discuss, among others, IR prevention and gender
sensitivity Requirement for government recruitment and placement
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Role of OWWA
Assistance to enforce contractualobligations of employer/agency
Representations, conferences, conciliation
meetings Welfare programs for OFWs and their
families on-site and upon return
Payment of repatriation-related expensessuch as fines or penalties, subject toOWWA Board guidelines
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Role of DOH
Regulate activities and operations of all clinicswhich conduct medical and similar examinations
Prohibition of decking practice
Fees monitored Operation of clinics
Clinics Standard operating procedures, complywith international standards
Foreign employer who does not honor results ofvalid health examinations temporarydisqualification
Medical clinic duty to repatriate
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Role of LGUs
Launch an aggressive campaign against IRby:
Dissemination of info on all aspects of OE
Venue for PEOS
OFW desks or kiosks
Maintain a database
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Legal Assistance to OFWs
DFA-OUMWA
Tap other government legal experts onOFW laws
Legal Assistance Fund annual P30MGAA appropriation
Uses of Legal Assistance Fund
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POEA and OWWA Boards
Massive info campaign, consultative sessions atleast 3 times per sector (women, sea-based, andland-based)
Qualification of Members at least 25 years old,
able to read and write, OFW at time ofnomination, OFW with at least 3 years experience Final list of 3 names submitted to President and
published in a newspaper President to select from list within 30 days Term of 3 years, reappointment for 3 years Applies to GOCCs with at least 1 rep shall follow
same procedure Selection and Screening Committees
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Report to Congress
DFA and DOLE
Schedule of mid-year and year-endreports
Penalty
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Compulsory Insurance
Coverage For agency-hired workers
Policy coverage/benefits (accidental death,natural death, permanent total
disablement, repatriation cost, moneyclaims, compassionate visit, medicalevacuation, medical repatriation)
Qualification of private insurancecompanies
Certificate of insurance coverage asrequirement for POEA exit clearance
(OEC)
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Compulsory Insurance
Coverage No fault claims accidental death,
natural death, disablement documentary requirements (death
certificate, police or accident report,medical certificate)
Repatriation certification from POLO
solely for the purpose Subsistence allowance benefit embassy
certification
Procedure for money claims benefit
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Compulsory Insurance
Coverage Foreign Employers Guarantee Fund for
government hires
Optional coverage for rehires, name hiresor direct hires
Annual assessment of insurance providers
Automatic congressional review after 3years
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Compulsory Insurance
Coverage Inter-Agency Committee to craft
necessary rules and regulations (IC aslead agency)
Compulsory insurance requirement willtake effect only after such necessary rulesand regulations
C
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Compulsory Insurance
CoverageSea-based concerns: entities providing indemnity cover to vessels
may provide adequate cover
Certificate of Cover to be issued byrecruitment/manning agencies
No fault, no contest payments: based onminimum amounts for accidental death, natural
death, permanent total disablement claims inexcess of such minimum amounts pursuant toPOEA-SEC or CBA
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Liability of Recruitment/Manning Agency
In case it is shown by substantial evidence beforethe POEA that the migrant worker who wasdeployed by a licensed recruitment/manning agencyhas paid for the premium or the cost of theinsurance coverage OR that the said insurancecoverage was used as basis by therecruitment/manning agency to claim any additionalfee from the migrant worker, the said licensedrecruitment/manning agency shall lose its licenseand all its directors, partners, proprietors, officersand employees shall be perpetually disqualified fromengaging in the business of recruitment of overseasworkers. Such penalty is without prejudice to anyother liability which such persons may have incurredunder existing laws, rules or regulations.
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Disqualification (insurance)
Insurance companies who have directors,partners, officers, employees or agents withrelatives, within the fourth civil degree ofconsanguinity or affinity, who work or have
interest in any of the licensed recruitment/manning agencies OR in any of the governmentagencies involved in the overseas employmentprogram shall be disqualified from providing this
workers insurance coverage. It shall be the dutyof the said directors, partners, officers,employees or agents to disclose any suchinterest to the IC and POEA.
Prohibition on government personnel
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Prohibition on government personnel
-- in the business of recruitment of migrant workers,directly or indirectly:
(a) Any official or employee of the DOLE, POEA, OWWA,DFA, DOJ, DOH, BI, IC, NLRC, TESDA, CFO, NBI,Philippine National Police (PNP), Manila InternationalAirport Authority (MIAA), Civil Aviation Authority of the
Philippines (CAAP), and other government agenciesinvolved in the implementation of the Act, regardless ofthe status of his/her employment; and
(b) Any of his/her relatives within the fourth civil degree
of consanguinity or affinity.
Any government official or employee found to beviolating this section shall be charged administratively,according to Civil Service Rules and Regulations without
prejudice to criminal prosecution.
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Documentary Stamp Tax
Exemption
Presentation by beneficiary of OEC orOWWA Membership Certificate
BIR may craft Revenue Regulations
C O
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Congressional Oversight
Committee
Monitor and ensure proper implementationof RA 8042 as amended
Require reports
Determine weaknesses in the law andrecommend necessary remedial legislationor executive measures
P25M budget
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Funding
Government agencies responsible forimplementing the law includeimplementation in respective budgets and
programs
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Iyon lang po.