7/27/2019 RA 8042 as Amended

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REPUBLIC ACT NO. 8042Migrant Workers and Oerseas !i"i#inos A$t o% &''(

)as a*ended +, RA &0022-An act to institute the policies of overseas employment and establish a higher standard ofprotection and promotion of the welfare of migrant workers, their families and overseas Filipinosin distress, and for other purposes.Be it enacted by the Senate and House of Representatives of the hilippines in !ongressassembled"S#!. $. SH%R& &'&(#. ) &his act shall be known and cited as the *+igrant orkers and %verseasFilipinos Act of $--.*S#!. /. 0#!(ARA&'%1 %F %('!'#S))

2a3 'n the pursuit of an independent foreign policy and while considering nationalsovereignty, territorial integrity, national interest and the right to self)determination paramount inits relations with other states, the State shall, at all times, uphold the dignity of its citi4enswhether in country or overseas, in general, and Filipino migrant workers, in particular,continuously monitor international conventions, adopt5be signatory to and ratify those thatguarantee protection to our migrant workers, and endeavor to enter into bilateral agreements withcountries hosting overseas Filipino workers.

2b3 &he State shall afford full protection to labor, local and overseas, organi4ed andunorgani4ed, and promote full employment and e6uality of employment opportunities for all.&owards this end, the State shall provide ade6uate and timely social, economic and legal servicesto Filipino migrant workers.

2c3 hile recogni4ing the significant contribution of Filipino migrant workers to the

national economy through their foreign e7change remittances, the State does not promoteoverseas employment as a means to sustain economic growth and achieve national development.&he e7istence of the overseas employment program rests solely on the assurance that the dignityand fundamental human rights and freedoms of the Filipino citi4ens shall not, at any time, becompromised or violated. &he State, therefore, shall continuously create local employmentopportunities and promote the e6uitable distribution of wealth and the benefits of development.

2d3 &he State affirms the fundamental e6uality before the law of women and men andthe significant role of women in nation)building. Recogni4ing the contribution of overseas migrantwomen workers and their particular vulnerabilities, the State shall apply gender sensitive criteria inthe formulation and implementation of policies and programs affecting migrant workers and thecomposition of bodies tasked for the welfare of migrant workers.

2e3 Free access to the courts and 6uasi)8udicial bodies and ade6uate legal assistanceshall not be denied to any person by reason of poverty. 'n this regard, it is imperative that aneffective mechanism be instituted to ensure that the rights and interest of distressed overseas

Filipinos, in general, and Filipino migrant workers, in particular, whether regular5documented orirregular5undocumented, are ade6uately protected and safeguarded.2f3 &he 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 relevantto overseas employment is recogni4ed and guaranteed.

2g3 &he State recogni4es that the most effective tool for empowerment is the possessionof skills by migrant workers. &he government shall provide them free and accessible skillsdevelopment and enhancement programs. ursuant to this and as soon as practicable, thegovernment shall deploy and5or allow the deployment only of skilled Filipino workers.

22h3 &he State recogni4es non)governmental organi4ations, trade unions, workersassociations, stakeholders and their similar entities duly recogni4ed as legitimate, are partners ofthe State in the protection of Filipino migrant workers and in the promotion of their welfare. &heState shall cooperate with them in a spirit of trust and mutual respect. &he significant contributionof recruitment and manning agencies shall from part this partnership.

2'3 9overnment fees and other administrative costs of recruitment, introduction,

placement and assistance to migrant workers shall be rendered free without pre8udice to theprovision of Section :; hereof.

1onetheless, the deployment of Filipino overseas workers, whether land)based or sea)based by local service contractors and manning agencies employing them shall be encouraged.Appropriate incentives may be e7tended to them.S#!. :. 0#F'1'&'%1S. ) For purposes of this Act"

2a3 *%verseas Filipino worker* refers to a person who is to be engaged, is engaged orhas been engaged in a remunerated activity in a state of which he or she is not a citi4en or onboard a vessel navigating the foreign seas other than a government ship used for miliatry or non)commercial purposes or on an installation located offshore or on the high seas< to be usedinterchangeably with migrant worker.

2b3 *9ender)sensitivity* shall mean cogni4ance of the ine6ualities and ine6uitiesprevalent in society between women and men and a commitment to address i ssues with concernfor the respective interests of the se7es.

2c3 *%verseas Filipinos* refers to dependents of migrant workers and other Filipinonationals abroad who are in distress as mentioned in Sections /= and /; of this Act .'. 0#(%>+#1&S#!. =. 0eployment of +igrant orkers.) &he State shall allow the deployment of overseasFilipino workers only in countries where the rights of Filipino migrant workers are protected. &hegovernment recogni4es any of the following as a guarantee on the part of the receiving countryfor the protection of the rights of overseas Filipino workers"

2a3 't has e7isting labor and social laws protecting the rights of workers, includingmigrant workers !(A@S#. ) &his Act shall take effect after fifteen 2$3 days fromits publication in the %fficial 9a4ette or in at least two 2/3 national newspapers of generalcirculation whichever comes earlier.