R.A.

10022: THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT

If you are not updated with the current events all over the world, there are a lot of civil wars and rebellions happening all across the world especially in the Middle East where most of our Overseas Filipino Workers (OFW) are employed. Thru Republic Act (RA) 10022 or the Amended Migrant Workers' Act our OFWs will be more protected as they will be deployed in countries where the rights and welfare of migrant workers are safeguarded. In this amended law, the DFA, through the Philippine Consulates will create a survey of the countries under their jurisdiction if the rights of migrant workers are protected in those countries. The criteria for this survey include the following: (1) if the receiving country has existing labor and social laws protecting the rights of migrant workers; (2) if the receiving country is a signatory to and/or ratifier of multilateral conventions, declarations or resolutions relating to the protection of migrant workers; (3) if the country has concluded a bilateral agreement or arrangement on the protection of the rights of overseas Filipino workers and; (4) the receiving country is taking positive and concrete measures to implement the first three criteria. The certification will also indicate what types of workers, whether professional, semi-skilled, unskilled, or household service workers (HSWs) are protected in the receiving countries. These certifications issued by the Philippine ambassadors outlining the receiving country's fulfillment of the four criteria will be submitted to the Philippine Overseas Employment Agency (POEA). Taken in consideration with other information and other available data, the POEA Governing Board is then to decide if the receiving country can assure protection for OFWs. As stated in the law "In the absence of a clear showing that any of the aforementioned guarantees exists in the country of destination of the migrant workers, no permit for deployment shall be issued by the Philippine Overseas Employment Administration (POEA). The POEA Governing Board will then have to make a decision if Filipino workers should be deployed in the country, and what type of workers can be deployed in a given country. The DFA believes that the certification of countries will allow prospective OFWs to make informed decisions whether they want to work in a given country. It will also allow them to take advantage of working in a country where their rights are more protected. The law also covers policies regarding the Overseas Workers Welfare Administration (OWWA) that shall provide the Filipino migrant worker and his family all the assistance they may need in the enforcement of contractual obligations by agencies or entities and/or by their principals. OWWA shall likewise formulate and implement welfare programs for overseas Filipino workers and their families while they are abroad and upon their return. It shall ensure the awareness by the overseas Filipino workers and their families of these programs and other related governmental programs. Other policies such as Free Legal Assistance Fund, Travel Tax and Airport Fee exemption, Insurance Coverage, and etc are also stated in the law.