Private International Law

and
Labor Laws

Abella, Reynald I.
Borja, Neil B.
Virtucio, Marc Angelo S.
Yarcia, Lee Edson P.
 RA 8042 - Migrant Workers and
Overseas Filipinos Act of 1995

- institutes the policies of overseas employment and establishes a

higher standard of protection and promotion of the welfare of
migrant workers and their families and overseas Filipinos in distress.
 RA 8042 - Migrant Workers and
Overseas Filipinos Act of 1995
SECTION 4. Deployment of Migrant Workers. The State shall deploy
overseas Filipino workers only in countries where the rights of Filipino migrant
workers are protected. The government recognizes any of the following as a
guarantee on the part of the receiving country for the protection and the rights of
overseas Filipino workers:
(a)It has existing labor and social laws protecting the rights of migrant
workers;
(b)It is a signatory to multilateral conventions, declarations or resolutions
relating to the protection of migrant workers;
(c)It has concluded a bilateral agreement or arrangement with the government
protecting the rights of overseas Filipino workers; and
(d)It is taking positive, concrete measures to protect the rights of migrant
workers.
 RA 8042 - Migrant Workers and
Overseas Filipinos Act of 1995
SECTION 22. Rights and Enforcement Mechanism Under International and
Regional Human Rights Systems. The Department of Foreign Affairs is mandated
to undertake the necessary initiative such as promotions, acceptance or adherence of
countries receiving Filipino workers to multilateral convention, declaration or
resolutions pertaining to the protection of migrant workers' rights. The Department
of Foreign Affairs is also mandated to make an assessment of rights and avenues of
redress under international and regional human rights systems that are available to
Filipino migrant workers who are victims of abuse and violation and, as far as
practicable and through the Legal Assistant for Migrant Workers Affairs created
under this Act, pursue the same on behalf of the victim if it is legally impossible to file
individual complaints. If a complaints machinery is available under international or regional
systems, the Department of Foreign Affairs shall fully apprise the Filipino migrant workers of the
existence and effectiveness of such legal options.
 RA 8042 - Migrant Workers and
Overseas Filipinos Act of 1995
SECTION 23. Role of Government Agencies. The following government
agencies shall perform the following to promote the welfare and protect the
rights of migrant workers and, as far as applicable, all overseas Filipinos:
(b)Department of Labor and Employment The Department of Labor and
Employment shall see to it that labor and social welfare laws in the foreign
countries are fairly applied to migrant workers and whenever applicable, to
other overseas Filipinos including the grant of legal assistance and the referral
to proper medical centers or hospitals:
 RA 8042 - Migrant Workers and
Overseas Filipinos Act of 1995

SECTION 33.Report to Congress. In order to inform the Philippine Congress

on the implementation of the policy enunciated in Section 4 hereof, the
Department of Foreign Affairs and the Department of Labor and Employment
shall submit to the said body a semi-annual report of Philippine foreign posts
located in countries hosting Filipino migrant workers. The report shall include,
but shall not be limited to, the following information:

(e)Changes in the laws and policies of host countries; and

(f)Status of negotiations on bilateral labor agreements between the Philippines
and the host country.
 LABOR CODE (P.D. 442)

- the legal code governing employment practices and labor relations

in the Philippines. It was enacted on Labor day, May 1, 1974 by the
late Dictator Ferdinand Marcos in the exercise of his then extant
legislative powers.
 LABOR CODE

Art. 40. Employment permit of non-resident aliens. Any alien seeking

admission to the Philippines for employment purposes and any domestic or
foreign employer who desires to engage an alien for employment in the Philippines
shall obtain an employment permit from the Department of Labor.

The employment permit may be issued to a non-resident alien or to the

applicant employer after a determination of the non-availability of a person in
the Philippines who is competent, able and willing at the time of application
to perform the services for which the alien is desired.
 LABOR CODE
Art. 41. Prohibition against transfer of employment.

a. After the issuance of an employment permit, the alien shall not transfer to
another job or change his employer without prior approval of the Secretary of
Labor.

b. Any non-resident alien who shall take up employment in violation of the

provision of this Title and its implementing rules and regulations shall be
punished in accordance with the provisions of Articles 289 and 290 of the
Labor Code.

In addition, the alien worker shall be subject to deportation after service of his
sentence.
 LABOR CODE

Art. 269. Prohibition against aliens; exceptions. All aliens, natural or juridical, as
well as foreign organizations are strictly prohibited from engaging directly or
indirectly in all forms of trade union activities without prejudice to normal
contacts between Philippine labor unions and recognized international labor
centers: Provided, however, That aliens working in the country with valid permits
issued by the Department of Labor and Employment, may exercise the right to
self-organization and join or assist labor organizations of their own choosing for
purposes of collective bargaining: Provided, further, That said aliens are nationals
of a country which grants the same or similar rights to Filipino workers.
 LABOR CODE

Art. 272. Penalties.

b. Upon the recommendation of the Minister of Labor and Employment and
the Minister of National Defense, foreigners who violate the provisions of
this Title shall be subject to immediate and summary deportation by the
Commission on Immigration and Deportation and shall be permanently
barred from reentering the country without the special permission of the
President of the Philippines. (As amended by Section 16, Batas Pambansa
Bilang 130 and Section 7, Batas Pambansa Bilang 227)
Revised Government Service Insurance Act of
1977 (P.D. 1146)

- amended, expanded, increased and integrated the social security and

insurance benefits of government employees and facilitated the
payment thereof under Commonwealth Act No. 186

- Further strengthened the scope of the GSIS mandate in providing and

administering social security benefits to government workers
Revised Government Service Insurance Act of
1977 (P.D. 1146)

NONE
 The Social Security Act of 1954 RA 1161

- created the Social Security System, a state-run,

social insurance program in the Philippines for
workers in the private, professional, and informal
sectors. This was later amended by R.A. 8282 in
1997.
The Social Security Act of 1954 RA 1161

NONE
 Magna Carta for Persons With Disabilities
(RA 10070)

- Stipulated the creation of the Persons with Disabilities Affairs Office

(PDAO) in every province, city and municipality

- Formulated and implemented policies, plans and programs for the

promotion of the welfare of PWDs
Magna Carta for Persons With Disabilities RA
10070

NONE
END OF REPORT