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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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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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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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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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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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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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.

ra 10022 briefer

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