The Migrant Workers and Overseas Filipinos Act of 1995

8/4/2019 The Migrant Workers and Overseas Filipinos Act of 1995

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1 RA 8042(THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995) as a!"#!# $% RA 10022

RULE IGENERAL PROVISIONS

Section 1.Declaration of Policies.

(a) In the pursuit of an independent foreign policy and while considering national sovereignty, territorialintegrity, national interest and the right to self-determination paramount in its relations with other states, theState shall, at all times, uphold the dignity of its citizens whether in the country or overseas, in general, andFilipino migrant workers, in particular, continuously monitor international conventions, adopt/e signatory toand ratify those that guarantee protection to our migrant workers, and endeavor to enter into ilateralagreements with countries hosting overseas Filipino workers!

() "he State shall afford full protection to laor, local and overseas, organized and unorganized, andpromote full employment and e#uality of employment opportunities for all! "owards this end, the State shallprovide ade#uate and timely social, economic and legal services to Filipino migrant workers!

(c) $hile recognizing the significant contriution of Filipino migrant workers to the national economy throughtheir foreign e%change remittances, the State does not promote overseas employment as a means to sustaineconomic growth and achieve national development! "he e%istence of the overseas employment programrests solely on the assurance that the dignity and fundamental human rights and freedoms of the Filipinocitizens shall not, at any time, e compromised or violated! "he State, therefore, shall continuously createlocal employment opportunities and promote the e#uitale distriution of wealth and the enefits ofdevelopment!

(d) "he State affirms the fundamental e#uality efore the law of women and men and the significant role ofwomen in nation uilding! &ecognizing the contriution of overseas migrant women workers and their

particular vulnerailities, the State shall apply gender sensitive criteria in the formulation and implementationof policies and programs affecting migrant workers and the composition of odies tasked for the welfare ofmigrant workers!

(e) Free access to the courts and #uasi-'udicial odies and ade#uate legal assistance shall not e denied toany person y reason of poverty! In this regard, it is imperative that an effective mechanism e instituted toensure that the rights and interest of distressed overseas Filipinos, in general, and Filipino migrant workers,in particular, whether regular/documented or irregular/undocumented, are ade#uately protected andsafeguarded!

(f) "he right of Filipino migrant workers and all overseas Filipinos to participate in the democratic decision-making processes of the State and to e represented in institutions relevant to overseas employment isrecognized and guaranteed!

(g) "he State recognizes that the most effective tool for empowerment is the possession of skills y migrant

workers! "he government shall e%pand access of #ualified migrant workers to free skills development andenhancement programs through scholarships, training susidies/grants of the concerned agencies! ursuantto this and as soon as practicale, the government shall deploy and/or allow the deployment only of skilledFilipino workers!

(h) "he State recognizes that non-governmental organizations, trade unions, workers associations,stakeholders and other similar entities duly recognized as legitimate, are partners of the State in theprotection of Filipino migrant workers and in the promotion of their welfare! "he State shall cooperate withthem in a spirit of trust and mutual respect! "he significant contriution of recruitment and manning agenciesshall form part of this partnership!

RULE IIDEFINITION OF TERMS

Section 1.Definitions.

(a) ct - refers to the *+igrant $orkers and verseas Filipinos ct of ..,* as amended y &epulic ct 0o.122 and &epulic ct 0o! 3322!

() uthority - refers to a document issued y the Secretary of 4aor and 5mployment authorizing theofficers, personnel, agents or representatives of a licensed recruitment/manning agency to conductrecruitment and placement activities in a place stated in the license or in a specified place!

(c) 6I - 6ureau of Immigration

(d) 6ona fide 0on-7overnment rganizations (07s) - refer to non-government, civil society or faith-asedorganizations duly recognized y the hilippine 5massy as active partners of the hilippine 7overnment inthe protection of Filipino migrant workers and the promotion of their welfare!

(e) 8I8" - 8ommission on Information and 8ommunications "echnology


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(f) 8ontracted workers - refer to Filipino workers with employment contracts already processed y the 5for overseas deployment!

(g) 9F - 9epartment of Foreign ffairs

(h) 9I47 - 9epartment of Interior and 4ocal 7overnment

(i) 9irect :ires - workers directly hired y employers for overseas employment as authorized y theSecretary of 4aor and 5mployment and processed y the 5, including;

! "hose hired y international organizations

2! "hose hired memers of the diplomatic corps!

(') 9: - 9epartment of :ealth

(k) 9? - 9epartment of ?ustice

(l) 945 - 9epartment of 4aor and 5mployment

(m) 9S" - 9epartment of Science and "echnology

(n) 9" - 9epartment of "ourism

(o) 5mployment 8ontract - refers to the following;

! For land-ased workers hired y private recruitment/employment agencies - an individual writtenagreement etween the foreign principal/employer and the worker ased on the master employment

contract approved y the dministration@ and2! For seafarers - written standard 5-approved employment contract stipulating a specific periodof employment and formulated through tripartite consultation, individually adopted and agreed upony the principal/employer and the seafarer!

(p) Filipino Service 8ontractor - refers to any person, partnership or corporation duly licensed as a privaterecruitment agency y the Secretary of 4aor and 5mployment to recruit workers for its accredited pro'ectsor contracts overseas!

(#) 7ender Sensitivity - refers to cognizance of the ine#ualities and ine#uities prevalent in society etweenwomen and men and a commitment to address issues with concern for the respective interest of the se%es!

(r) :ead or manage - refers to any of the following acts;

! 8ontrol and supervise the operations of the recruitment/manning agency or ranch thereof ofwhich they are employed@ or

2! 5%ercise the authority to hire or fire employees and lay down and e%ecute management policies ofthe recruitment/manning agency or ranch thereof!

(s) ?oint and several liaility - refers to the liaility of the principal/employer and the recruitment/manningagency, for any and all claims arising out of the implementation of the employment contract involving Filipinoworkers for overseas deployment! If the recruitment/manning agency is a 'uridical eing, the corporateofficers and directors and partners, as the case may e, shall themselves e 'ointly and severally liale withthe corporation or partnership for the aforesaid claims and damages!

(t) I8 - Insurance 8ommission

(u) Irregular/Andocumented Filipino migrant workers - refer to the following;

() "hose who ac#uired their passports through fraud or misrepresentation@

(2) "hose who possess e%pired visas or permits to stay@

(


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(y) +anning gency - refers to any person, partnership or corporation duly licensed y the Secretary of 4aorand 5mployment to engage in the recruitment and placement of seafarers for ships plying internationalwaters and for related maritime activities!

(z) 06I- 0ational 6ureau of Investigation

(aa) 088- 0ational 8omputer 8enter

() 04&8 - 0ational 4aor &elations 8ommission

(cc) 0on-licensee - refers to any person, partnership or corporation with no valid license to engage inrecruitment and placement of overseas Filipino workers or whose license is revoked, cancelled, terminated,

e%pired or otherwise delisted from the roll of licensed recruitment/manning agencies registered with the5!

(dd) 0&8 - 0ational &eintegration 8enter for verseas Filipino $orkers

(ee) 0S86 - 0ational Statistical and 8oordination 6oard

(ff) 0S - 0ational Statistics ffice

(gg) 0"8 - 0ational "elecommunications 8ommission

(hh) verseas Filipinos - refer to migrant workers, other Filipino nationals and their dependents aroad!

(ii) verseas Filipino in distress - refers to an verseas Filipino who has a medical, psycho-social or legalassistance prolem re#uiring treatment, hospitalization, counseling, legal representation as specified in &uleIB of these &ules or any other kind of intervention with the authorities in the country where he or she isfound!

('') verseas Filipino $orker or +igrant $orker - refers to a person who is to e engaged, is engaged, or haseen engaged in a remunerated activity in a state of which he or she is not a citizen or on oard a vesselnavigating the foreign seas other than a government ship used for military or non-commercial purposes, oron an installation located offshore or on the high seas! *person to e engaged in a remunerated activity*refers to an applicant worker who has een promised or assured employment overseas!

(kk) $$ - verseas $orkers $elfare dministration

(ll) lacement Fees- refer to any and all amounts charged y a private recruitment agency from a worker forits recruitment and placement services as prescried y the Secretary of 4aor and 5mployment!

(mm) 5 - hilippine verseas 5mployment dministration, shall e used interchangealy with the term*dministration*!

(nn) 4 - hilippine verseas 4aor ffice

(oo) rincipal - refers to an employer or foreign placement agency hiring or engaging Filipino workers foroverseas employment through a licensed private recruitment/manning agency!

(pp) rivate &ecruitment/5mployment gency - refers to any person, partnership or corporation duly licensedy the Secretary of 4aor and 5mployment to engage in the recruitment and placement of workers foroverseas employment for a fee which is charged, directly or indirectly, from the workers who renewed theiremployment contracts with the same principal!

(##) &ehires - refer to land-ased workers who renewed their employment contracts with the same principal!

(rr) &egular/9ocumented Filipino +igrant $orkers - &efer to the following;

() "hose who possess valid passports and appropriate visas or permits to stay and work in thereceiving country@ and

(2) "hose whose contracts of employment have een processed y the 5, or suse#uentlyverified and registered on-site y the 4, if re#uired y law or regulation!

(ss) Seafarer - refers to any person who is employed or engaged in overseas employment in any capacity onoard a ship other than a government ship used for military or non-commercial purposes! "he definition shallinclude fishermen, cruise ship personnel and those serving on moile offshore and drilling units in the highseas!

(tt) Skilled Filipino $orkers - refer to those who have otained an academic degree, #ualification, ore%perience, or those who are in possession of an appropriate level of competence, training and certification,for the 'o they are applying, as may e determined y the appropriate government agency!

(uu) "5S9 - "echnical 5ducation and Skills 9evelopment uthority

(vv) Anderage +igrant $orkers - refers to those who are elow C years or elow the minimum agere#uirement for overseas employment as determined y the Secretary of 4aor and 5mployment!


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RULE IIIDEPLOYMENT OF MIGRANT WORKERS

Section 1.Guarantees of Migrant Workers Rights."he State shall allow the deployment of F$s only in countrieswhere the rights of Filipino migrant workers are protected! "he government recognizes any of the following as aguarantee on the part of the receiving country for the protection of the rights of F$s;

(a) It has e%isting laor and social laws protecting the rights of workers, including migrant workers@ or

() It is a signatory to and/or a of multilateral conventions, declarations or resolutions relating to theprotection of workers including migrant workers@ or and

(c) It has concluded a ilateral agreement or arrangement with the government on the protection of the rightsof overseas Filipino $orkers@

rovided, that the receiving country is taking positive and concrete measures to protect the rights of migrant workersin furtherance of any of the guarantees under suparagraphs (a), (), and (c) hereof!

"Positive and concrete measures"shall include legislative or e%ecutive initiatives, diplomatic negotiations, 'udicialdecisions, programs, pro'ects, activities and such other acts y the receiving country aimed at protecting the rights ofmigrant workers!

For purposes of the preceding paragraphs, the 9F shall issue a certification that a receiving country complies withany of the guarantees under suparagraphs (a), (), and (c) hereof, and that the receiving country is taking suchpositive and concrete measures to protect workers, including migrant workers! "he 9F shall issue such certificationto the 5, specifying therein the pertinent provisions of the receiving countryDs laor/social law, or theconvention/declaration/resolution, or the ilateral agreement/arrangement which protect the rights of migrantworkers! Such a certification shall e su'ect to review y the 9F as often as may e deemed necessary!

"he 5 7overning 6oard shall, in a &esolution, allow only the deployment of F$s to receiving countries whichhave een certified y the 9F as compliant with the aove stated guarantees!

"he 5 shall register F$s only for receiving countries allowed y the 5 7overning 6oard, su'ect toe%isting standards on accreditation of foreign employers/principals and #ualification re#uirements for workers!

Section 2.Liability of the Members of the PO! Governing oard# Government Officials and m$loyees."hememers of the 5 7overning 6oard who actually voted in favor of a &esolution allowing the deployment ofmigrant workers without the 9F certification referred to in the preceding section shall suffer the penalties of removalor dismissal from service with dis#ualification to hold any appointive pulic office for five () years! Further, thegovernment official or employee responsile for the issuance of the permit or for allowing the deployment of migrantworkers in violation of this section and in direct contravention of a resolution y the 5 7overning 6oardprohiiting deployment shall e meted the same penalties in this section!

Section 3.De$loyment of O%Ws to Ocean&Going 'hi$s."he State shall also allow the deployment of F$s to ships navigating the foreign seas or to installations locatedoffshore or on high seas whose owners/employers are compliant with international laws and standards that protectthe rights of migrant workers!

Section 4.De$loyment to (om$anies and (ontractors )ith *nternational O$erations."he State shall likewise allowthe deployment of F$s to companies and contractors with international operations; rovided, "hat they arecompliant with standards, conditions and re#uirements, as emodied in the employment contracts prescried y the5 and in accordance with internationally-accepted standards!

Section .De$loyment of 'killed Workers.

s soon as ade#uate mechanisms for determination of skills are in place and consistent with national interest, theSecretary of 4aor and 5mployment shall allow the deployment only of skilled Filipino workers!

Section !.+ermination or an on De$loyment.

0otwithstanding the provisions of Sections and of this &ule, in pursuit of the national interest or when pulicwelfare so re#uires, the 5 7overning 6oard, after consultation with the 9F, may, at any time, terminate orimpose a an on the deployment of migrant workers!

"he 5 7overning 6oard may, after consultation with the 9F, grant e%ceptions to the an or lift the an!

Section ".+ravel !dvisory.

"he 9F shall issue travel advisories as the need arises! *travel advisory* is a notice to the travelling pulicnormally for a security reason and ased on the prevailing peace and order situation in a specific destination!

Section #.Labor 'ituationer."he 5, in consultation with the 9F, shall disseminate information on laor andemployment conditions, migration realities and other facts, as well as adherence of particular countries tointernational standards on human and workers rights which will ade#uately prepare individuals into making informed


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and intelligent decisions aout overseas employment! "he 5 shall pulish, in a timely manner, such advisory in anewspaper of general circulation!

"he 5 may undertake other programs or resort to other modes of information and dissemination campaigns,such as the conduct of nationwide, comprehensive and sustainale re-5mployment rientation Seminars!

RULE IVILLEGAL RE$RUITMENT

Section 1.Definition.For purposes of the ct, illegal recruitment shall mean any act of canvassing, enlisting,contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising oradvertising for employment aroad, whether for profit or not, when undertaken y a non-licensee or non-holder ofauthority contemplated under rticle


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Section 3.Other Prohibited !cts.In addition to the acts enumerated aove, it shall also e unlawful for any person orentity to commit the following prohiited acts;

a! 7rant a loan to an F$ with interest e%ceeding eight (CE) percent per annum, which will e used forpayment of legal and allowale placement fees and make the migrant worker issue, either personally orthrough a guarantor or accommodation party, postdated checks in relation to the said loan@

! Impose a compulsory and e%clusive arrangement wherey an F$ is re#uired to avail of a loan only fromspecifically designated institutions, entities, or persons@

c! &efuse to condone or renegotiate a loan incurred y an F$ after the latterDs employment contract haseen prematurely terminated through no fault of his / her own@

d! Impose a compulsory an e%clusive arrangement wherey an F$ is re#uired to undergo healthe%aminations only from specifically designated medical clinics, institutions, entities or persons, e%cept in thecase of a seafarer whose medical e%amination cost is shouldered y the principal/shipowner@

e! Impose a compulsory and e%clusive arrangement wherey an F$ is re#uired to undergo training,seminar, instruction or schooling of any kind only from specifically designated institutions, entities or persons,e%cept for recommendatory training mandated y principals/shipowners where the latter shoulder the cost ofsuch trainings@

f! For a suspended recruitment/manning agency to engage in any kind of recruitment activity including theprocessing of pending workersD applications@

g! For a recruitment/manning agency or a foreign principal/employer to pass-on to the F$ or deduct fromhis/her salary the payment of the cost of insurance fees, premium or other insurance related charges, asprovided under the compulsory workerDs insurance coverage!

Section 4.Persons Res$onsible.

"he persons criminally liale for the aove offenses are the principals, accomplices and accessories! In case of'uridical persons, the officers having ownership, control, management or direction of their usiness and theresponsile for the commission of the offense and the responsile employees/agents thereof shall e liale!

Section .Penalties.

(a) ny person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less thantwelve (2) years and one () day ut not more than twenty (23) years and a fine of not less than ne millionpesos (,333,333!33) nor more than "wo +illion esos (2,333,333!33)!

() "he penalty of life imprisonment and a fine of not less than "wo +illion esos (2,333,333!33) nor morethan Five +illion esos (,333,333!33) shall e imposed if illegal recruitment constitutes economicsaotage as defined therein!

rovided, however, "hat the ma%imum penalty shall e imposed if the person illegally recruited is less thaneighteen (C) years of age or committed y a non-licensee or non-holder of authority!

(c) ny person found guilty of any of the prohiited acts shall suffer the penalty of imprisonment of not lessthan si% () years and one () day ut not more than twelve (2) years and a fine of not less than Five:undred "housand esos (33,333!33) nor more than ne million pesos (,333,333!33)!

If the offender is an alien, he or she shall, in addition to the penalties herein prescried, e deported without furtherproceedings!

In every case, conviction shall cause and carry the automatic revocation of the license or registration of therecruitment/manning agency, lending institutions, training school or medical clinic!

Section !.,enue. criminal action arising from illegal recruitment as defined under this &ule shall e filed with the&egional "rial 8ourt of the province or city where the offense was committed or where the offended party actuallyresides at the time of the commission of the offense@ rovided, that the court where the criminal action is first filedshall ac#uire 'urisdiction to the e%clusion of other courts!

Section ".Prescri$tion.Illegal recruitment cases under this &ule shall prescrie in five () years@ rovided, however,that illegal recruitment cases involving economic saotage shall prescried in twenty (23) years!

Section #.*nde$endent !ction."he filing of an offense punishale under this section shall e without pre'udice to thefiling of cases punishale under other e%isting laws, rules or regulations!

RULE VPRO%I&ITION OF GOVERNMENT PERSONNEL

Section 1.Dis-ualification."he following personnel shall e prohiited from engaging directly or indirectly in theusiness of recruitment of migrant workers@


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(a) ny official or employee of the 945, 5, $$, 9F, 9?, 9:, 6I, I8, 04&8, "5S9, 8F, 06I,hilippine 0ational olice (0), +anila International irport uthority (+I), 8ivil viation uthority of thehilippines (8), and other government agencies involved in the implementation of the ct, regardless ofthe status of his/her employment@ and

() ny of his/her relatives within the fourth civil degree of consanguinity or affinity!

ny government official or employee found to e violating this section shall e charged administratively, according to8ivil Service &ules and &egulations without pre'udice to criminal prosecution!

"he government agency concerned shall monitor and initiate, upon its initiative or upon the petition of any privateindividual, action against erring officials and employees, and/or their relatives!

RULE VIANTI'ILLEGAL RE$RUITMENT PROGRAMS

Section 1.PO! !nti&*llegal Recruitment Programs."he 5 adopts policies and procedures, prepares andimplements intensified programs

nd strategies towards the eradication of illegal recruitment activities such as, ut not limited to the following;

(a) roviding legal assistance to victims of illegal recruitment and related cases which are administrative orcriminal in nature, such as ut not limited to documentation and counseling!

() rosecution of illegal recruiters, during preliminary investigation and during trial in collaoration with the9? prosecutors@

(c) Special operations such as surveillance and closure of estalishment or entities suspected to e engagedin illegal recruitment@ and

(d) Information and education campaign!

$henever necessary, the 5 shall coordinate with other appropriate entities in the implementation of saidprograms!

Section 2.Legal !ssistance.

"he 5 shall provide free legal service to victims of illegal recruitment and related cases which are administrativeor criminal in nature in the form of legal advice, assistance in the preparation of complaints and supportingdocuments, institution of criminal actions!

Section 3.Receiving of (om$laints for *llegal Recruitment.

Gictims of illegal recruitment and related cases which are administrative or criminal in nature may file with the 5a report or complaint in writing and under oath for assistance purposes!

In regions outside the 0ational 8apital &egion, complaints and reports involving illegal recruitment may e filed withthe appropriate regional office of the 5 or 945!

Section 4.ndorsement of (ase to the Pro$er Prosecution Office."he 5, after evaluation and properdetermination that sufficient evidence e%ists for illegal recruitment and other related cases, shall endorse the case tothe proper rosecution ffice for the conduct of preliminary investigation!

9uring preliminary investigation, the complainant may avail of legal assistance or counseling from the 5!

Section .*nstitution of (riminal !ction."he Secretary of 4aor and 5mployment, the 5 dministrator or the945 &egional 9irector, or their duly authorized representatives, or any aggrieved person, may initiate thecorresponding criminal action with the appropriate office!

Section !.!ffidavits and +estimonies of O$eratives.ffidavits and testimonies of operatives or personnel from the945, 5 and law enforcement agencies who witnessed the acts constituting the offense shall e sufficient asisto prosecute the accused!

Section ".Legal !ssistance During +rial.In the prosecution of offenses punishale under Section of the ct, thenti-Illegal &ecruitment 6ranch of the 5 shall collaorate with the pulic prosecutors of the 9? and, in certaincases, allow the 5 lawyers to take the lead in prosecution!

Section #.'$ecial !llo)ance for La)yers of the Prosecution Division."he 5 lawyers who act as specialcounsels during preliminary investigation and/or as collaorating attorneys of the pulic prosecutors of the 9?during court hearings shall e entitled to receive additional allowances in such amounts as may e determined y the

dministrator!

Section (.!ction on the (om$laintRe$ort.

$here the complaint/report alleges that illegal recruitment activities are ongoing, surveillance shall e undertaken atthe premises where the alleged illegal recruitment activities are conducted! If illegal recruitment activities areconfirmed, the 5 9irector of the 4icensing and &egulation ffice (4&) shall recommend to the 5


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dministrator the institution of criminal action and/or the issuance of a closure order or order of preventivesuspension!

Section 1).'urveillance."he 5 and/or designated officials in the 945 regional offices may, on their owninitiative, conduct surveillance on the alleged illegal recruitment activities!

$ithin two (2) days from the termination of surveillance, a report supported y an affidavit shall e sumitted to the9irector-4& or the &egional 9irector concerned, as the case may e!

Section 11.*ssuance of (losure Order."he 5 dministrator or the concerned 945 &egional 9irector mayconduct an e% parte preliminary e%amination to determine whether the activities of a non-licensee constitute a dangerto national security and pulic order or will lead to further e%ploitation of 'o seekers! For this purpose, the 5

dministrator or the &egional 9irector concerned or their duly authorized representatives, may e%amine personallythe complainants and/or their witnesses in the form of searching #uestions and answers and shall take theirtestimony under oath! "he testimony of the complainants and/or witnesses shall e reduced in writing and signed ythem and attested y an authorized officer!

If ased on a surveillance report, or preliminary e%amination of the complainants, the 5 dministrator or 945&egional 9irector, or their authorized representative is satisfied that such danger or e%ploitation e%ists, a writtenorder may shall e issued y the 5 dministrator or 945 &egional 9irector, or their authorized representativeis satisfied that such danger or e%ploitation e%ists, a written order shall e issued y the 5 dministrator for theclosure of the estalishment eing used for illegal recruitment activity!

In case of a usiness estalishment whose license or permit to operate a usiness was issued y the localgovernment, the Secretary of 4aor and 5mployment, the 5 dministrator or the &egional 9irector concernedshall likewise recommend to the granting authority the immediate cancellation/revocation of the license or permit to

operate its usiness!Section 12.*m$lementation of (losure Order. closure order shall e served upon the offender or the person incharge of the su'ect estalishment! "he closure shall e effected y sealing and padlocking the estalishment andposting of notice of such closure in old letters at a conspicuous place in the premises of the estalishment!$henever necessary, the assistance and support of the appropriate law enforcement agencies may e re#uested forthis purpose!

Section 13.Re$ort on *m$lementation. report on the implementation of the closure order e%ecuted under oath,stating the details of the proceedings undertaken shall e sumitted to the 9irector-4& or the &egional 9irectorconcerned, as the case may e, within two (2) days from the date of implementation!

Section 14.*nstitution of (riminal !ction /$on (losure Order."he 5 dministrator or the 945 &egional9irector, or their duly authorized representatives, or any law enforcement agencies or any aggrieved person mayinitiate the corresponding criminal action with the appropriate prosecutorDs office!

Section 1.ffect of (losure Order.ll officers and responsile employees of the entity engaged in illegal recruitment activities shall e ordered includedin the 4ist of ersons with 9erogatory &ecord and e dis#ualified/arred from participating in the overseasemployment program of the government!

Section 1!.Who May %ile a Motion to Reo$en the stablishment."he motion to re-open may e filed only y thefollowing;

(a) "he owner of the uilding or his/her duly authorized representative@

() "he uilding administrator or his/her duly authorized representative@

(c) ny other person or entity legitimately operating within the premises closed/padlocked whoseoperations/activities are distinct from the recruitment activities of the person/entity su'ect of the closureorder!

Section 1".Grounds for Reo$ening the stablishment.(a) "hat the office is not the su'ect of the closure order@

() "hat the contract of lease with the owner of the uilding or the uilding administrator has already eencancelled or terminated! "he re#uest to re-open shall e duly supported y an affidavit of undertaking eitherof the owner of the uilding or the uilding administrator that the same will not e leased/rented to any otherperson/entity for recruitment purposes without the necessary license from the 5@

(c) "hat the office is shared y a person/entity not involved in illegal recruitment activities, whether directly orindirectly@ or

(d) ny other analogous ground that the 5 may consider as valid and meritorious!

Section 1#.Motion to Lift a (losure Order. motion to lift a closure order which has already een implemented maye entertained only when filed with the 4icensing and &egulation ffice (4&) within ten (3) calendar days from the


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date of implementation! "he motion shall e verified and shall clearly state the grounds upon which it is ased,attaching supporting documents! motion to lift which does not conform to the re#uirements herein set forth shall edenied!

Section 1(.Who May %ile Motion to Lift a (losure Order."he verified motion to lift closure order may e filed only ythe person or entity against whom the closure order was issued and implemented or a duly authorizedrepresentative!

Section 2).Grounds for Lifting ! (losure Order.4ifting of the closure order may e granted on any of the followinggrounds;

(a) "he person/entity is later found out or has proven that it is not involved in illegal recruitment activities,whether directly or indirectly@ or

() ny other analogous ground that the 5 may consider as valid and meritorious!

4ifting of a closure order is without pre'udice to the filing of criminal complaints with the appropriate office against theperson alleged to have conducted illegal recruitment activities!

Section 21.!$$eal.

"he order of the 5 dministrator denying the motion to lift a closure order and/or motion to re-open may eappealed to the Secretary of 4aor and 5mployment within ten (3) days from receipt thereof!

Section 22.Monitoring of stablishments."he 5 shall monitor estalishments that are su'ect of closure orders!

$here a re-opened office is suse#uently confirmed as still eing used for illegal recruitment activities, a new closureorder shall e issued which shall not e su'ect to a motion to lift!

Section 23.Pre&m$loyment Orientation 'eminar 0PO'1."he 5 shall strengthen its comprehensive re-5mployment rientation rogram through the conduct of seminars that will discuss topics such as legal modes ofhiring for overseas employment, rights, responsiilities and oligations of migrant workers, health issues, preventionand modus operandi of illegal recruitment and gender sensitivity!

"he 5 shall inform migrant workers not only of their rights as workers ut also of their rights as human eings,instruct and guide the workers how to assert their rights and provide the availale mechanism to redress violation oftheir rights!

Section 24.Partnershi$ )ith LG/s# other Government !gencies and 2GOs."he 5 shall maintain andstrengthen its partnership with 47As, other government agencies and 07s advocating the rights and welfare ofF$s for the purpose of dissemination of information on all aspects of overseas employment!

For this purpose, the 5 shall continuously provide the concerned entities with updated lists of licensed agenciesand entities and information materials such as rochures, pamphlets, posters as well as recent anti-illegalrecruitment laws and regulations for distriution to their respective constituents!

RULE VIIMONEY $LAIMS

Section 1.3urisdiction of Labor !rbiters.0otwithstanding any provision of law to the contrary, the 4aor riters ofthe 04&8 shall have the original and e%clusive 'urisdiction to hear and decide, within ninety (.3) calendar days afterthe filing of the compliant, the claims arising out of an employer-employee relationship or y virtue of any law orcontract involving Filipino workers for overseas deployment including claims for actual, moral, e%emplary and otherforms of damages!

Section 2./$dates in the Global 'ervices *ndustry.

8onsistent with the mandate in the preceding section, the 04&8 shall;

a! 5ndeavor to update and keep areast with the developments in the gloal services industry@ and

! articipate in international or local conferences involving migration issues and in relevant overseas

missions!Section 3.3oint and 'everal Liability."he liaility of the principal/employer and the recruitment/placement agency onany and all claims under this &ule shall e 'oint and several! "his liaility shall e incorporated in the contract foroverseas employment and shall e a condition precedent for its approval! "he performance ond to e filed y therecruitment/ placement agency, as provided y law, shall e answerale for all money claims or damages that maye awarded to the workers!

If the recruitment/placement agency is a 'uridical eing, the corporate officers and directors and partners, as the casemay e, shall themselves e 'ointly and severally liale with the corporation or partnership for the aforesaid claimsand damages!

Such liailities shall continue during the entire period or duration of the employment contract and shall not e affectedy any sustitution, amendment or modification of the contract made locally or in a foreign country!


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Section 4.(om$romise !greement.ny compromise, amicale settlement or voluntary agreement on money claimsinclusive of damages under this &ule shall e paid within thirty (


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() 5stalish close linkages with the 945, 5, $$ and other government agencies concerned, aswell as with non-governmental organizations assisting migrant workers, to ensure effective coordination inproviding legal assistance to migrant workers@

(c) $hen necessary, tap the assistance of the Integrated 6ar of the hilippines (I6), other ar associations,legal e%perts on laor, migration and human rights laws, reputale law firms, and other civil societyorganizations, to complement government services and resources to provide legal assistance to migrantworkers@

(d) dminister the 4egal ssistance Fund for +igrant $orkers and to authorize its disursement, su'ect toapproved guidelines and procedures, governing its use, disposition and disursement@

(e)Heep and maintain an information system for migration as provided in Section 23 of the ct@

(f) repare its udget for inclusion in the 9epartment of foreign ffairDs udget in the annual 7eneralppropriations ct@ and

(g) erform such other functions and undertake other responsiilities as may e useful, necessary orincidental to the performance of his/her mandate!

Section 2.5ualifications and !uthority."he 4egal ssistant for +igrant $orkers ffairs shall e headed y a lawyerof proven competence in the field of law with at least ten (3) years e%perience as a legal practitioner and who mustnot have een a candidate to an elective office in the last local or national elections! :e/she shall e appointed y theresident of the hilippines! :e/she shall have the title, rank, salary, and privileges of an Andersecretary of Foreign

ffairs, and shall head the ffice of the Andersecretary for +igrant $orkersD ffairs (A+$) of the 9epartment ofForeign ffairs!

:e/she shall have authority to hire private lawyers, domestic or foreign, in order to assist him/her in the effectivedischarge of the functions of his/her ffice!

Section 3.Legal !ssistance %und."he 4egal ssistance Fund created under the ct shall e used e%clusively toprovide legal services for +igrant $orkers and verseas Filipinos in distress in accordance with approvedguidelines, criteria and procedures of the 9F!

It shall e used inter alia for the following specific purposes;

(a) In the asence of a counsel de oficio or court-appointed lawyer, payment of attorneyDs fees to foreignlawyers for their services in representing migrant workers facing criminal and laor cases aroad, or in filingcases against erring or ausive employers aroad, provided, that no amount shall e disursed for theappeal of cases e%cept when the penalty meted is life imprisonment or death or under meritoriouscircumstances as determined y the Andersecretary for +igrant $orkers ffairs@

() 6ail onds to secure the temporary release of workers under detention upon the recommendation of the

lawyer and the foreign service post concerned@ and(c) 8ourt fees, charges and other reasonale litigation e%penses when so recommended y their lawyers!

RULE *ROLE OF DOLE

Section 1.On&'ite Protection."he 945 shall see to it that laor and social welfare laws in the foreign countries arefairly applied to migrant workers and whenever applicale, to other overseas Filipinos, including the grant of legalassistance and the referral to proper medical centers or hospitals!

Section 2.POLO %unctions."he 945 overseas operating arm shall e the 4, which shall have the followingfunctions and responsiilities;

a! 5nsure the promotion and protection of the welfare and interests of F$s and assist them in all prolemsarising out of employer-employee relationships@

! 8oordinate the 945Ds employment promotion mandate, consistent with the principles of the ct@

c! Gerify employment contracts and other employment-related documents@

d! +onitor and report to the Secretary of 4aor and 5mployment on situations and policy developments in thereceiving country that may affect F$s in particular and hilippine laor policies, in general@

e! Supervise and coordinate the operations of the +igrant $orkers and ther verseas Filipinos &esource8enter@ and

f! Such other functions and responsiilities as may e assigned y the Secretary of 4aor and 5mployment!

A. POEA

Section 3.Regulation of Private 'ector."he 5 shall regulate private sector participation in the recruitment andoverseas placement of workers y setting up a licensing and registration system! It shall also formulate andimplement, in coordination with appropriate entities concerned, when necessary, a system for promoting and


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monitoring the overseas employment of Filipino workers taking into consideration their welfare and the domesticmanpower re#uirements! It shall e responsile for the regulation and management of overseas employment fromthe pre-employment stage, securing the est possile employment terms and conditions for overseas Filipinoworkers, and taking into consideration the needs of vulnerale sectors and the peculiarities of sea-ased and land-ased workers!

Section 4.6iring through the PO!."he dministration shall recruit and place workers primarily on government-to-government arrangements! In the recruitment and placement to service the re#uirements for trained and competentFilipino workers of foreign governments and their instrumentalities, and such other employers as pulic interests mayre#uire, the dministration shall deploy only to countries where the hilippines has concluded ilateral agreements or

arrangements; rovided that such countries shall guarantee to protect the rights of Filipino migrant workers@ andprovided further that such countries shall oserve and/or comply with the international laws and standards for migrantworkers!

Section .%oreign m$loyers Guarantee %und.For migrant workers recruited y the 5 on a government togovernment arrangement, the 5 shall, through relevant guidelines, estalish and administer a Foreign5mployers 7uarantee Fund which shall e answerale for the workersD monetary claims arising from reach ofcontractual oligations!

Section !.3urisdiction of the PO!."he 5 shall e%ercise original and e%clusive 'urisdiction to hear and decide;

(a) all cases which are administrative in character, involving or arising out of violations of &ules and&egulations relating to licensing and registration, including refund of fees collected from the workers andviolation of the conditions for issuance of license to recruit workers@ (6ased on 'urisdictional areas under the5 8harter or 5!! 21, as amended!)

() disciplinary action cases and other special cases, which are administrative in character, involvingemployers, principals, contracting partners and F$s processed y the 5!

Section ".,enue.

re-employment/recruitment violation cases may e filed with the 5 d'udication ffice or at any 945/5regional office of the place where the complainant applied or was recruited, at the option of the complainant! "heoffice where the complaint was first filed shall take cognizance of the case!

9isciplinary action cases and other special cases shall e filed with the 5 d'udication ffice!

Section #.Who may file.ny aggrieved person may file a complaint in writing and under oath for violation of the4aor 8ode and the 5 &ules and &egulations and other issuances!

For this purpose, an aggrieved person is one who is pre'udiced y the commission of a violation or any of thegrounds for disciplinary actions provided in the 5 &ules and &egulations!

:owever, the dministration, on its own initiative, may conduct proceedings ased on reports of violations or any ofthe grounds for disciplinary actions provided in the 5 &ules and &egulations and other issuances on overseasemployment, su'ect to preliminary evaluation!

Section (.Prescri$tive Period.ll pre-employment/recruitment violation and disciplinary action cases shall e arredif not commenced or filed with the dministration within three (


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2! +ake representation and may call on the agencies or entities concerned to conferences or conciliationmeetings for the purpose of settling the complaints or prolems rought to his/her attention! If there is no finasettlement at the 'osite and the worker is repatriated ack to the hilippines, conciliation may continue atthe $$ 8entral ffice, or in any $$ &egional $elfare ffice!

$. NR$O

Section 14.stablishment of the 2ational Reintegration (enter for O%Ws."he 0&8 is herey created in the9epartment of 4aor and 5mployment for returning Filipino migrant workers, which shall provide the mechanism oftheir reintegration into hilippine society, serve as a promotion house for their local employment, and tap their skillsand potentials for national development!

"he 0&8 shall, in coordination with appropriate government and non-government agencies, serve as a ne-Stop8enter that shall address the multi-faceted needs of F$-returnees and their families!

For this purpose, "5S9, the "echnology &esource 8enter ("&8), and other government agencies involved intraining and livelihood development shall give priority to household service workers and entertainers!

"he 0&8 shall e attached to the ffice of the dministrator of $$ for supervision and policy guidance!

Section 1.%unctions of the 2R(O.

"he 0&8 shall undertake the following;

(a) 9evelop and support programs and pro'ects for livelihood, entrepreneurship, savings, investments andfinancial literacy for returning Filipino migrant workers and their families in coordination with relevantstakeholders, service providers and international organizations@

() 8oordinate with appropriate stakeholders, service providers and relevant international organizations for

the promotion, development and the full utilization of overseas Filipino worker returnees and their potentials@

(c) Institute, in cooperation with other government agencies concerned, a computer-ased informationsystem on returning Filipino migrant workers which shall e accessile to all local recruitment agencies andemployers, oth pulic and private@

(d) rovide a periodic study and assessment of 'o opportunities for returning Filipino migrant workers@

(e) 9evelop and implement other appropriate programs to promote the welfare of returning Filipino migrantworkers@

(f) +aintain an internet-ased communication system for on-line registration of returning F$s andinteraction with clients, and maintain and upgrade computer-ased service capailities of the 0&8@

(g) 9evelop capacity-uilding programs for returning overseas Filipino workers and their families,implementers, service providers, and stakeholders@

(h) 8onduct research for policy recommendations and program development@ and(i) Andertake other programs and activities as may e determined y the Secretary of 4aor and5mployment!

Section 1!.%ormulation of Program."he 945, $$, "5S9, and 5 shall, within si%ty (3) days fromeffectivity of these &ules, formulate a program that would motivate migrant workers to plan for productive optionssuch as entry into highly technical 'os or undertakings, livelihood and entrepreneurial development, etter wageemployment, and investment of savings!

D. Mi+,-nt Wo,e,/ -n0 Ote, Oe,/e-/ Fiiino/ Re/o5,ce $ente,

Section 1".stablishment of Migrant Workers and other Overseas %ili$ino Resource (enter.

+igrant $orkers and other verseas Filipinos &esource 8enter shall e estalished in countries where there arelarge concentration of F$s, as determined y the Secretary of 4aor and 5mployment! It shall e estalishedwithin the premises of the hilippine 5massy or the 8onsulate and e under the administrative 'urisdiction of thehilippine 5massy!7avv$hi7

$hen the +igrant $orkers and other verseas Filipinos &esource 8enter is estalished outside the premises of the5massy or 8onsulate, the 9epartment of Foreign ffairs shall e%ert its est effort to secure appropriate recognitionfrom the receiving government in accordance with applicale laws and practices!

Section 1#.'ervices."he +igrant $orkers and other verseas Filipinos &esource 8enter shall provide the followingservices;

a! 8ounseling and legal services@

! $elfare assistance including the procurement of medical and hospitalization services@

c! Information, advisory programs to promote social integration such as post-arrival orientation, settlementand community networking services and activities for social interaction@


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d! &egistration of irregular/undocumented workers to ring them within the purview of the ct@

e! Implementation of 945 and $$ rograms@

f! :uman resource development, such as training and skills upgrading@

g! 7ender-sensitive programs and activities to assist particular needs of migrant workers@

h! rientation program for returning workers and other migrants@

i! +onitoring of the daily situation, circumstances and activities affecting migrant workers and other overseasFilipinos@

'! 5nsuring that laor and social welfare laws in the receiving country are fairly applied to migrant workersand other overseas Filipinos@ and

k! 8onciliation of disputes arising from employer-employee relationship, in accordance with this &ule!

Section 1(.Personnel.5ach +igrant $orkers and ther verseas Filipinos &esource 8enter shall e staffed yForeign Service personnel, a 4aor ttachJ and other service attachJs or officers who represent hilippinegovernment agencies aroad!

"he following personnel may e assigned to the 8enter;

a! sychologists, Social $orkers, and a ShariDa or :uman &ights 4awyer, in highly prolematic countries ascategorized y the 9F and 945 and where there is a concentration of Filipino migrant workers@

! Individual volunteers and representatives from ona fide non-government organizations from the receivingcountries, if availale and necessary as determined y the 4aor ttachJ in consultation with the 8hief of+ission@

c! ulic &elations fficer or 8ase fficer conversant, orally and in writing, with the local language, laws,customs and practices@ and/or

d! 4egal fficers (5/04&8/945) and such other professionals deemed necessary y the Secretary of4aor and 5mployment!

Section 2).!dministration of the (enter."he 4 through the 4aor ttachJ shall supervise and coordinate theoperations of the +igrant $orkers and other verseas Filipinos &esource 8enter and shall keep the 8hief of +issioninformed and updated on all matters affecting it at least #uarterly through a written report addressed to the 8hief of+ission!

Section 21.Round&the (lock O$erations."he +igrant $orkers and other verseas Filipino &esource 8enter shalloperate on a 21-hour asis including Saturdays, Sundays and holidays! counterpart 21-hour Information and

ssistance 8enter to ensure a continuous network and coordinative mechanism shall e estalished at the 9F andthe 945/$$!

Section 22.udget."he estalishment, yearly maintenance and operating costs of the +igrant $orkers and otherverseas Filipinos &esource 8enters, including the costs of services and programs not specially funded under the

ct, shall e sourced from the 7eneral ppropriations ct (7) and shall e included in the annual udget of the945!

:owever, the salaries and allowances of overseas personnel shall e sourced from the respective agenciesD udgets!

RULE *IROLE OF DO%

Section 1.Regulation of Medical (linics."he 9epartment of :ealth (9:) shall regulate the activities andoperations of all clinics which conduct medical, physical, optical, dental, psychological and other similare%aminations, hereinafter referred to as health e%aminations, on Filipino migrant workers as re#uirement for theiroverseas employment! re-5mployment +edical 5%aminations (5+5) for overseas work applicants shall eperformed only in 9:-accredited medical clinics and health facilities utilizing the standards set forth y 9:!

ursuant to this, the 9: shall ensure that;(a) "he fees for the health e%aminations are regulated, regularly monitored and duly pulished to ensure thatthe said fees are reasonale and not e%oritant! "he 9: shall set a minimum and ma%imum range of feesfor the different e%aminations to e conducted, ased on a thorough and periodic review of the cost of healthe%aminations and after consultation with concerned stakeholders! "he applicant-worker shall pay directly tothe 9:-accredited medical clinics or health facilities where the 5+5 is to e conducted!

() "he Filipino migrant workers shall only e re#uired to undergo health e%aminations when there isreasonale certainly y the hiring recruitment/manning agency pursuant to 5 &ules and &egulations thathe/she will e hired and deployed to the 'osite and only those health e%aminations which are asolutelynecessary for the type of 'o applied for those specifically re#uired y the foreign employer shall econducted@


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(c) 0o groups of medical clinics shall have a monopoly of e%clusively conducting health e%aminations onmigrant workers for certain receiving countries@

(d) 5very Filipino migrant worker shall have the freedom to choose any of the 9:-accredited or 9:-operated clinics that will conduct his/her health e%aminations and that his/her rights as a patient arerespected! "he decking practice, which re#uires overseas Filipino workers to go first to an office forregistration and then farmed out to a medical clinic located elsewhere, shall not e allowed@

(e) $ithin a period of three (


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RULE *IIIREPATRIATION OF WORKERS

Section 1.Primary Res$onsibility for Re$atriation.

"he repatriation of the worker or his/her remains, and the transport of his/her personal effects shall e the primaryresponsiility of the principal, employer or agency that recruited or deployed him/her aroad! ll costs attendantthereto shall e orne y the principal, employer or the agency concerned!

Section 2.Obligation to !dvance Re$atriation (osts.

0otwithstanding the provisions of Section


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In all cases where the principal or agency of the worker cannot e identified, cannot e located or had ceasedoperations, and the worker is in need and without means, the $$ personnel at the 'osite, in coordination withthe 9F, shall cause the repatriation in appropriate cases! ll costs attendant to repatriation orne y the $$may e charged to the 5mergency &epatriation Fund provided in the ct, without pre'udice to the $$ re#uiringthe agency/employer/insurer or the worker to reimurse the cost of repatriation!

Section #.mergency Re$atriation %und.

$hen repatriation ecomes immediate and necessary, the $$ shall advance the needed costs from the5mergency &epatriation Fund without pre'udice to reimursement y the deploying agency and/or principal, or theworker in appropriate cases! Simultaneously, the 5 shall ask the concerned agency to work towards

reimursement of costs advanced y the $$! In cases where the cost of repatriation shall e%ceed ne :undred+illion (33,333,333!33) esos, the $$ shall make representation with the ffice of the resident for immediatefunding in e%cess of said amount!

Section (.Prohibition on onds and De$osits.

In no case shall a private recruitment/manning agency re#uire any ond or cash deposit from the worker toguarantee performance under the contract or his/her repatriation!

RULE *IVS%ARED GOVERNMENT INFORMATION SYSTEM FOR MIGRATION

Section 1.(om$osition.n Inter-gency 8ommittee shall e estalished to implement a shared governmentinformation system for migration! "he Inter-gency 8ommittee shall e composed of the following agencies;

a) 9epartment of Foreign ffairs;

) 9epartment of 4aor and 5mployment and concerned attached agencies@c) 9epartment of ?ustice@

d) 9epartment of the Interior and 4ocal 7overnment@

e) 9epartment of :ealth and concerned attached agencies@

f) 9epartment of Social $elfare and 9evelopment@

g) 9epartment of "ourism@

h) Insurance 8ommission@

i) 8ommission on Filipinos verseas@

') 6ureau of Immigration@

k) 0ational 6ureau of Investigation@

l) 0ational "elecommunications 8ommission@m) 8ommission on Information and 8ommunications "echnology@

n) 0ational 8omputer 8enter@

o) 0ational Statistical and 8oordination 6oard@

p) 0ational Statistics ffice@

#) :ome 9evelopment +utual Fund@ and

r) ther government agencies concerned with overseas employment!

Section 2.!vailability# !ccessibility and Linkaging of (om$uter 'ystems.Initially, the Inter-gency 8ommittee shallmake availale to itself the information contained in e%isting data ases/files of its memer agencies! "he secondphase shall involve linkaging of computer facilities systems in order to allow the free-flow data e%changes andsharing among concerned agencies!

Section 3.(hair and +echnical !ssistance."he Inter-gency 8ommittee shall e co-chaired y the 9epartment ofForeign ffairs and the 9epartment of 4aor and 5mployment! "he 0ational 8omputer 8enter shall provide thenecessary technical assistance and shall set the appropriate information and communications technology standardsto facilitate the sharing of information among the memer agencies!

Section 4.Declassification and 'haring of 4isting *nformation."he Inter-gency 8ommittee shall convene toidentify e%isting dataases, which shall e declassified and shared among memer agencies! "hese shareddataases shall initially include, ut not e limited to, the following information;

a) +aster lists of Filipino migrant workers/overseas Filipinos classified according to occupation/'o category,civil status, y country/state of destination including visa classification@

) Inventory of pending legal cases involving Filipino migrant workers and other Filipino migrant workers andother Filipino nationals, including those serving prison terms@


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c) +aster list of departing/arriving Filipinos@

d) Statistical profile on Filipino migrant workers/overseas Filipinos/ tourists@

e) 6lacklisted foreigners/undesirale aliens@

f) 6asic data on legal systems, immigration policies, marriage laws and civil and criminal codes in receivingcountries particularly those with large numers of Filipinos@

g) 4ist of laor and other human rights instruments where receiving countries are signatories@

h) tracking system of past and present gender desegregated cases involving male and female migrantworkers, including minors@ and

i) 4ist of overseas posts, which may render assistance to overseas Filipinos in general, and migrant workers,in particular!

') 4ist of licensed recruiters and recruitment agencies@

k) 4ist of accredited foreign employers@

l) 4ist of recruiters and recruitment agencies with decided/pending criminal/civil/administrative cases, andtheir dispositions@ and

m) Such other information as may e deemed necessary y the Inter-gency 8ommittee!

"he Inter-gency 8ommittee shall estalish policies, guidelines, and procedures in implementing this &ule, includingdeclassification of information!

Section .(onfidentiality of *nformation.Information and data ac#uired through this shared information system shalle treated as confidential and shall only e used for official and lawful purposes, related to the usual functions of the

Inter-gency 8ommittee memers, and for purposes envisioned y the ct!

Section !.Regular Meetings."he Inter-gency 8ommittee shall meet regularly to ensure the immediate and fullimplementation of Section 23 of the ct and shall e%plore the possiility of setting up a central storage facility for thedata on migration! "he progress of the implementation shall e included in the report of the 9F and the 945 underSection


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(c) to ensure the participation of 7FIs in e%tending loan assistance to needy migrant workers who are to eengaged or is engaged for a remunerated activity aroad!

Section 3.(overage and 'co$e.

ll departing migrant workers who need financial assistance to pay or satisfy their pre-departure e%penses may availof the re-9eparture 4oans!

8urrently employed migrant workers or their eligile dependents who need emergency financing assistance mayavail of the Family ssistance 4oan!

Section 4.!dministration of the %und.

ursuant to Sec! 2 of the ct, the amount of ne :undred +illion pesos (33,333,333!33) from the 8apital Fundsof $$ shall constitute the +igrant $orkers 4oan 7uarantee Fund! "he Fund, which shall e administered y the$$, shall e used e%clusively to guarantee the repayment of re-9eparture and Family ssistance 4oansgranted y participating 7FIs!

ll e%isting revolving funds earmarked for the re-9eparture and Family ssistance 4oans shall revert ack to the$$ 8apital Fund!

Section .%inancing 'cheme.

"he $$ shall initiate arrangements with 7FIs to implement mutually agreed financing schemes, that will e%pandthe re-9eparture and Family ssistance 4oans!

Section !.Guarantee !greement.

0o loan shall e considered covered y a guarantee unless a 7uarantee greement has een prepared and

approved y oth the participating financial institution and the $$!RULE *VI

$OMPULSORY INSURAN$E $OVERAGEFOR AGEN$Y'%IRED WORKERS

Section 1.Migrant Workers (overed.In addition to the performance ond to e filed y the recruitment/manningagency under Section 3 of the ct, each migrant worker deployed y a recruitment/manning agency shall ecovered y a compulsory insurance policy which shall e secured at no cost to the said worker!

Section 2.Policy (overage.

Such insurance policy shall e effective for the duration of the migrant workerDs employment contract and shall cover,at the minimum;

(a) ccidental death, with at least Fifteen "housand Anited States 9ollars (ASK ,333!33) survivorDs enefitpayale to the migrant workerDs eneficiaries@

() 0atural death, with at least "en "housand Anited States 9ollars (ASK 3,333!33) survivorDs enefitpayale to the migrant workerDs eneficiaries@

(c) ermanent total disalement, with at least Seven "housand Five :undred Anited States 9ollars(ASK,33) disaility enefit payale to the migrant worker! "he following disailities shall e deemedpermanent; total, complete loss of sight of oth eyes@ loss of two lims at or aove the ankles or wrists@permanent complete paralysis of two lims@ rain in'ury resulting to incurale imecility or insanity@

(d) &epatriation cost of the worker when his/her employment is terminated y the employer without any validcause, or y the employee with 'ust cause, including the transport of his/her personal elongings! In case ofdeath, the insurance provider shall arrange and pay for the repatriation or return of the workerDs remains! "heinsurance provider shall also render any assistance necessary in the transport, including ut not limited to,locating a local and licensed funeral home, mortuary or direct disposition facility to prepare the ody fortransport, completing all documentation, otaining legal clearances, procuring consular services, providing

death certificates, purchasing the minimally necessary casket or air transport container, as well astransporting the remains including retrieval from site of death and delivery to the receiving funeral home! "hisprovision shall e without pre'udice to the provisions of &ule BIII of these &ules and &egulations!

(e) Susistence allowance enefit, with at least ne :undred Anited States 9ollars (ASK33) per month fora ma%imum of si% () months for a migrant worker who is involved in a case or litigation for the protection ofhis/her rights in the receiving country!

(f) +oney claims arising from employerDs liaility which may e awarded or given to the worker in a 'udgmentor settlement of his/her case in the 04&8! "he insurance coverage for money claims shall e e#uivalent to atleast three (


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individual to the ma'or airport closest to the place of hospitalization of the worker! It is, however, theresponsiility of the family memer or re#uested individual to meet all visa and travel documentre#uirements@

(h) +edical evacuation! $hen an ade#uate medical facility is not availale pro%imate to the migrant worker,as determined y the insurance companyDs physician and a consulting physician, evacuation underappropriate medical supervision y the mode of transport necessary shall e undertaken y the insuranceprovider@ and

(i) +edical repatriation! $hen medically necessary as determined y the attending physician, repatriationunder medical supervision to the migrant workerDs residence shall e undertaken y the insurance provider at

such time that the migrant worker is medically cleared for travel y commercial carrier! If the period to receivemedical clearance to travel e%ceeds fourteen (1) days from the date of discharge from the hospital, analternative appropriate mode of transportation, such as air amulance, may e arranged! +edical and non-medical escorts may e provided when necessary! "his provision shall e without pre'udice to the provisionsof &ule BIII of these &ules and &egulations!

Section 3.Duty to Disclose and !ssist.It shall e the duty of the recruitment/manning agency, in collaoration withthe insurance provider, to sufficiently e%plain to the migrant worker, efore his/her departure, and to at least one ofhis/her eneficiaries the terms and enefits of the insurance coverage, including the claims procedure!

lso, in filing a claim with the insurance provider, it shall e the duty of the recruitment/manning agency to assist themigrant worker and/or the eneficiary and to ensure that all information and documents in the custody of the agencynecessary for the claim must e readily accessile to the claimant!

Section 4.5ualification of *nsurance (om$anies.nly reputale private insurance companies duly registered with

the (I8), which are in e%istence and operational for at least five () years, with a net worth of at least Five :undred+illion esos (hp33,333,333!33) to e determined y the I8, and with a current year certificate of authority shalle #ualified to provide for the workerDs insurance coverage! Insurance companies who have directors, partners,officers, employees or agents with relatives, within the fourth civil degree of consanguinity or affinity, who work orhave interest in any of the licensed recruitment/manning agencies or in any of the government agencies involved inthe overseas employment program shall e dis#ualified from providing this workersD insurance coverage! It shall ethe duty of the said directors, partners, officers, employees or agents to disclose any such interest to the I8 and5!

Section .Re-uirement for *ssuance of O(."he recruitment/manning agency shall have the right to choose fromany of the #ualified insurance providers the company that will insure the migrant worker it will deploy! fter procuringsuch insurance policy, the recruitment/manning agency shall provide an authenticated copy thereof to the migrantworker! It shall then sumit the certificate of insurance coverage of the migrant worker to 5 as a re#uirement forthe issuance of verseas 5mployment 8ertificate (58) to the migrant worker! In the case of seafarers who are

insured under policies issued y foreign insurance companies, the 5 shall accept certificates or other proofs ofcover from recruitment/manning agencies; rovided, that the minimum coverage under su-paragraphs (a) to (i) areincluded therein! For this purpose, foreign insurance companies shall include entities providing indemnity cover to thevessel!

Section !.2otice of (laim.ny person having a claim upon the policy issued pursuant to suparagraphs (a), (), (c),(d) and (e) of Section 2 of this &ule shall present to the insurance company concerned a written notice of claimtogether with pertinent supporting documents! "he insurance company shall forthwith ascertain the truth and e%tentof the claim and make payment within ten (3) days from the filing of the notice of claim!

Section ".Documentary Re-uirements for !ccidental or 2atural Death or Disablement (laims.ny claim arisingfrom accidental death, natural death or permanent total disalement under Section 2 (a), () and (c) shall e paid ythe insurance company without any contest and without the necessity of proving fault or negligence of any kind onthe part of the insured migrant worker; rovided the following documents, duly authenticated y the hilippine foreignposts, shall e sufficient evidence to sustantiate the claim;

() 9eath 8ertificate - in case of natural or accidental death@

(2) olice or ccident &eport - in case of accidental death@ and

(


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Section #.Documentary Re-uirement for Re$atriation (laim.For repatriation under suparagraph (d) of Section 2 ofthis &ule , a certification which states the reason/s for the termination of the migrant workerDs employment and theneed for his/her repatriation shall e issued y the hilippine foreign post or the hilippine verseas 4aor ffice(4) located in the receiving country! Such certification shall e solely for the purpose of complying with thissection!

Section (.Documentary Re-uirements for 'ubsistence !llo)ance enefit (laim.For susistence allowance enefitunder su-paragraph (e) of Section 2 of this &ule, the concerned 4aor ttachJ or, in his asence, the emassy orconsular official shall issue a certification which states the name of the case, the names of the parties and the natureof the cause of action of the migrant worker!

Section 1).'ettlement of Money (laims.For the payment of money claims under su-paragraph (f) of Section 2 ofthis &ule, the following rules shall govern;

() fter a decision has ecome final and e%ecutory or a settlement/compromise agreement has eenreached etween the parties at the 04&8, the 4aor riter shall, motu proprio or upon motion, and followingthe conduct of pre-e%ecution conference, issue a writ of e%ecution mandating the respondentrecruitment/manning agency to pay the amount ad'udged or agreed upon within thirty (


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advocating the rights and welfare of F$s, issue the necessary implementing rules and regulations, which shallinclude the following;

! Lualifications of participating insurers@

2! ccreditation of insurers@

1! remium rate@

! 6enefits@

! Anderwriting 7uidelines@

! 8laims procedure@

C! 9ispute settlement@

.! dministrative monitoring and supervision@ and

3! ther matters deemed necessary!

$ithin five () days from effectivity of these &ules, the I8 shall convene the inter-agency committee to commence theformulation of the aforesaid necessary rules and regulations!

Section 1!.!ssessment of Performance of *nsurance Providers.t the end of every year, the 945 and the I8 shall'ointly make an assessment of the performance of all insurance providers, ased upon the report of 04&8 and 5on their respective interactions and e%periences with the insurance companies, and they shall have the authority toan or lacklist such insurance companies which are known to e evasive or not responsive to the legitimate claimsof migrant workers! "he 945 shall include such assessment in its year-end report to 8ongress!

Section 1".!utomatic Revie)."he foregoing provisions on mandatory insurance coverage shall e su'ect toautomatic review through the 8ongressional versight 8ommittee immediately after three (


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"he memers shall have a term of three (


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"he fund of ne :undred Fifty +illion esos (3,333,333!33) shall e sourced from the proceeds of 4otto draws!

Section !.(reation of the 'cholarshi$ %und (ommittee."here is herey created a Scholarship Fund 8ommittee toe composed of representatives from the 945, 9S", 5, $$, "5S9 and two (2) representatives ofmigrant workers to e appointed y the Secretary of 4aor and 5mployment!

Section ".%unctions of the 'cholarshi$ %und (ommittee.

(a) "o set the coverage, criteria and standards of admission to the Scholarship rogram@

() "o determine the amount of availment@

(c) "o monitor and evaluate the program@

(d) "o identify/accredit training and testing institutions@ and

(e) "o perform such other functions necessary to attain the purpose of the Fund!

Section #.*m$lementing !gency."he $$ shall e the Secretariat of the Scholarship Fund 8ommittee! s such, itshall administer the Scholarship rogram, in coordination with the 9S"!

RULE *VIIIFUNDING

Section 1.'ources of %unds."he departments, agencies, instrumentalities, ureaus, offices and government-ownedand controlled corporations charged with carrying out the provisions of the ct shall include in their respectiveprograms the implementation of the ct, the funding of which shall e included in the 7eneral ppropriations ct!

RULE *I*MIGRANT WORKERS DAY

Section 1.(ommemoration."he 945 shall lead and enlist the cooperation of other government agencies in thecommemoration of a +igrant $orkers 9ay on ?une of every year!

RULE **TRANSITORY PROVISIONS

Section 1.!$$licability of (riteria for Receiving (ountries.In compliance with Section 1 of the ct, the 9F shall,within .3 days from effectivity of these &ules and &egulations, issue the certification for countries where thehilippines maintains an emassy!

In countries where the hilippine 5massy e%ercises concurrent 'urisdiction and where the massador is non-resident, the 9F shall have one hundred twenty days (23) from the effectivity of these &ules to issue thecertification re#uired in Section 1 of the ct! rior to the e%piration of the aforesaid period, the secretary of Foreign

ffairs, in consultation with the Secretary of 4aor and 5mployment, shall allow the reasonale e%tension of theperiod for the issuance of the certification upon a determination that there is a need therefor!

ending the issuance of the re#uired certifications of compliance or determinations of non-compliance and within theperiods mentioned in the preceding paragraphs, the deployment of migrant workers overseas shall proceed on astatus #uo asis!

For purposes of issuance of the certifications, the 9F shall, in consultation with the 5, issue a standard formatto e accomplished y all Foreign Service posts!

Section 2.ffectivity of (om$ulsory *nsurance Re-uirement.ll F$s who were issued verseas 5mployment8ertificates prior to the effectivity of the necessary rules and regulations referred to under Section of &ule BGIshall not e covered y the compulsory insurance re#uirement!

RULE **IFINAL PROVISIONS

Section 1.Re$ealing (lause.ll 9epartment rders, 8irculars and implementing &ules and &egulationsinconsistent with these mnius &ules and &egulations are herey repeated or amended accordingly!

Section 2.ffectivity.- "he provisions of these &ules and &egulations shall take effect fifteen days () afterpulication in two (2) newspapers of general circulation!

9one in the 8ity of +anila, this Cth day of ?uly, 233!

The Migrant Workers and Overseas Filipinos Act of 1995

Documents

Transcript of The Migrant Workers and Overseas Filipinos Act of 1995