Migrant Workers and Overseas Filipinos Act of 1995 as amended by Republic Act No

Fast facts

17 March 1995 Flor Contemplacion, a Filipina domestic helper was convicted for killing another Filipina domestic helper in Singapore. Flor Contemplacion, a Filipina domestic helper was convicted for killing another Filipina domestic helper in Singapore. She was sentenced to be hanged. She was sentenced to be hanged.

Mass actions were staged in the Philippines protesting the verdict and pressuring the government to intervene to stop the execution. Mass actions were staged in the Philippines protesting the verdict and pressuring the government to intervene to stop the execution. Despite diplomatic efforts by the Philippine government, Flor Contemplacion was hanged on 17 March Despite diplomatic efforts by the Philippine government, Flor Contemplacion was hanged on 17 March 1995.

07 June 1995 Pres. Fidel Ramos signed into law Republic Act 8042 otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995 Pres. Fidel Ramos signed into law Republic Act 8042 otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995

29 February 1996 Department of Foreign Affairs (DFA) and the Department of Labor and Employment (DOLE) passed the Implementing Rules and Regulations of R.A Department of Foreign Affairs (DFA) and the Department of Labor and Employment (DOLE) passed the Implementing Rules and Regulations of R.A. 8042

04 September 2009 Joint Manning Group (JMG) learned from informal sources that the Bicameral Committee (BICAM) composed of Senators and Congressmen has approved the amendments to R.A Joint Manning Group (JMG) learned from informal sources that the Bicameral Committee (BICAM) composed of Senators and Congressmen has approved the amendments to R.A. 8042

Late September 2009 JMG began its efforts to find ways and means to mitigate the impact of the proposed bill on the manning industry. Valuable connections arranged JMG meetings with members of the BICAM to enable us to plead our case because the sea based sector was deprived of the opportunity to be heard. JMG was buoyed with positive reaction from the members of the BICAM. JMG began its efforts to find ways and means to mitigate the impact of the proposed bill on the manning industry. Valuable connections arranged JMG meetings with members of the BICAM to enable us to plead our case because the sea based sector was deprived of the opportunity to be heard. JMG was buoyed with positive reaction from the members of the BICAM.

5,6,10, 11 November 2009 DOLE convened Tripartite Consultation Meetings. The objective is to prepare recommendatory changes in the BICAM version of the proposed bill. DOLE convened Tripartite Consultation Meetings. The objective is to prepare recommendatory changes in the BICAM version of the proposed bill.

13 November 2009 Labour sector turned over to DOLE Secy. Roque the completed draft. Secy. Roque is supposed to hand carry the draft to the Chairman of the BICAM. Labour sector turned over to DOLE Secy. Roque the completed draft. Secy. Roque is supposed to hand carry the draft to the Chairman of the BICAM.

18 November 2009 BICAM passed the 3rd draft. Labour sector's recommendation was completely ignored. BICAM passed the 3rd draft. Labour sector's recommendation was completely ignored. The 3rd BICAM draft contained the following, viz :

3 rd BICAM draft a. criminalises the act of allowing a non- Filipino citizen to head or manage a manning agency.

3 rd BICAM draft b.criminalises the act of requiring aseafarer to undergo his PEME in a clinic or medical facility appointed by the principal;

3 rd BICAM draft c. criminalises the act of requiring a seafarer to undergo training in a training centre designated by the principal ;

3 rd BICAM draft d.mandatory insurance coverage provision which includes a “no fault, no contest” clause ;

25 November 2010 JMG intensified its efforts to engage the members of the BICAM in dialogues to underline to them the negative impact of the bill to the manning industry. JMG intensified its efforts to engage the members of the BICAM in dialogues to underline to them the negative impact of the bill to the manning industry.

18 December 2009 JMG received the final version of the bill. The BICAM adopted the recommendations of JMG. JMG received the final version of the bill. The BICAM adopted the recommendations of JMG. The final text contained the following, viz :

FINAL draft a. de-criminalised the appointment of medical clinics for seafarers provided the cost of PEME shall be borne by the principal ;

FINAL draft b.de- criminalised the designation of training centre for seafarers provided the cost of training shall be borne by the principal ;

FINAL draft c.allow manning agency to submit to POEA certificates or any proof of cover as evidence to show that the seafarers are covered provided that the minimum benefits under the law are included.

08 March 2010 Pres. Gloria Macapagal -Arroyo allowed the bill to lapse into law Pres. Gloria Macapagal -Arroyo allowed the bill to lapse into law

21 April 2010 R.A was published in a major broadsheet R.A was published in a major broadsheet

06 May 2010 R.A took effect R.A took effect

ILLEGAL RECRUITMENT

DEFINITION: any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes referring, contact services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non- license or non-holder of authority

DEFINITION: DEFINITION: xxx It shall likewise include the following acts (Section 5, R.A ), whether committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority. xxx

PERSONS LIABLE

The persons criminally liable for the above offenses are the following, viz;  Principals;  Accomplices ;  Accessories;  In case of juridical persons, like partnerships or corporations, the persons liable are the officers having ownership, control, management or direction of their business who are responsible for the commission of the offense and the responsible employees/agents thereof shall be liable.

PENALTY for ILLEGAL RECRUITMENT

●imprisonment of not less than twelve (12) years and one (1) day but not more than twenty (20) years AND ●a fine of not less than One million pesos 45= USD 22, ) nor more than Two million pesos (Php 45= USD 44,000).

●life imprisonment and a fine of not less than Two million pesos 45= USD 44,000.00) nor more than Five million pesos 45 = USD 111,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined therein

●Provided, however, that the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or committed by a non- licensee or non-holder of authority

ILLEGAL RECRUITMENT ACTS

Sec. 5 (a) To charge or accept directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay or acknowledge any amount greater than that actually received by him as a loan or advance;

Sec. 5 (b) To furnish or publish any false notice or information or document in relation to recruitment or employment;

Sec. 5 (c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code, or for the purpose of documenting hired workers with the POEA, which include the act of reprocessing workers through a job order that pertains to non-existent work, work different from the actual overseas work, or work with a different employer whether registered or not with the POEA;

Sec. 5 (d) To include or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment;

Sec. 5 (e) To influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency or who has formed, joined or supported, or has contacted or is supported by any union or workers’ organization;

Sec. 5 (f) To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines;

Sec. 5 (g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representative;

Sec. 5 (h) To fail to submit reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters or information as may be required by the Secretary of Labor and Employment;

Sec. 5 (i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment ;

Sec. 5 (j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of travel agency;

Sec. 5 (k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations, or for any other reasons, other than those authorized under the Labor Code and its implementing rules and regulations;

Sec. 5 (l) Failure to actually deploy a contracted worker without valid reason as determined by the Department of Labor and Employment;

Sec. 5 (m) Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker’s fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage; and

Sec. 5 (n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency.

Note: Rule II, Definition of Terms, IRR draft Head or manage – refers to any of the following acts: 1.Control and supervise the operations of the recruitment/manning agency or branch thereof of which they are employed;or 2.Exercise the authority to hire or fire employees and lay down and execute management policies of the recruitment/manning agency or branch thereof.

PROHIBITED ACTS

(1) Grant a loan to an overseas Filipino worker with interest exceeding eight percent (8%) per annum, which will be used for payment of legal and allowable placement fees and make the migrant worker issue, either personally or through a guarantor or accommodation party, postdated checks in relation to the said loan;

(2) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to avail of a loan only from specifically designated institutions, entities or persons;

(3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino worker after the latter’s employment contract has been prematurely terminated through no fault of his or her own;

(4) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to undergo health examinations only from specifically designated medical clinics, institutions, entities or persons, except in the case of a seafarer whose medical examination cost is shouldered by the principal/ship owner;

(5) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to undergo training, seminar, instruction or schooling of any kind only from specifically designated institutions, entities or persons, except for recommendatory trainings mandated by principals/ship owners where the latter shoulder the cost of such trainings;

(6) For a suspended recruitment / manning agency to engage in any kind of recruitment activity including the processing of pending workers’ applications; and

(7) For a recruitment/manning agency or a foreign principal/employer to pass on the overseas Filipino worker or deduct from his or her salary the payment of the cost of insurance fees, premium or other insurance related charges, as provided under the compulsory worker’s insurance coverage.

PERSONS LIABLE

The persons criminally liable for the above offenses are the following, viz;  Principals;  Accomplices ;  Accessories;  In case of juridical persons, like partnerships or corporations, the persons liable are the officers having ownership, control, management or direction of their business who are responsible for the commission of the offense and the responsible employees/agents thereof shall be liable.

PENALTY FOR PROHIBITED ACTS

●penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years AND ●fine of not less than Five hundred thousand pesos 45 = USD 11,000.00) nor more than One million pesos 45 = USD ).

●If the offender is an alien, he or she shall, in addition to the penalties herein prescribed, be deported without further proceedings.

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

Sec. 37-A Compulsory Insurance Coverage

Compulsory Insurance Coverage (a) Accidental death-USD15, Note: Rule XVI, Sec. 7 Documentary Requirements as per IRR draft 1. Death certificate authenticated by Philippine embassy or consulate; 2. Police/Accident report; 3. Notice of Claim to Insurance provider. ( Sec 6, IRR)

Compulsory Insurance Coverage (b) Natural death-USD10, Note: Rule XVI, Sec. 7 Documentary Requirement as per IRR draft 1. Death certificate authenticated by Philippine embassy or consulate; 2. Notice of Claim to Insurance provider. ( Sec 6, IRR)

Compulsory Insurance Coverage (c) Permanent total disablement -USD7, Note: Rule XVI, Sec. 7 Documentary Requirement as per IRR draft 1. Medical certificate authenticated by Philippine embassy or consulate; 2. Notice of Claim to Insurance provider. ( Sec 6, IRR)

Rule XVI, Sec. 7 Documentary Requirement as per IRR draft Any claim arising from accidental death, natural death or permanent total disablement under Section 2 (a), (b) and (c) shall be paid by the insurance company without any contest and without the necessity of proving fault or negligence of any kind on the part of the insured migrant worker: Provided the following documents, duly authenticated by the Philippine foreign posts, shall be sufficient evidence to substantiate the claim: xxx

In the case of a seafarer, the amounts provided in Section 2 (a), (b), or (c), as the case may be, shall, within ten (10) days from submission of the above-stated documents, be paid by the foreign insurance company through its Philippine representative to the seafarer/beneficiary without any contest and without any necessity of proving fault or negligence on the part of the seafarer.

uch amount received by the seafarer/beneficiary shall form part of and be deducted from whatever benefits the seafarer/beneficiary may be entitled to under the provisions of the POEA-Standard Employment Contract or collective bargaining agreement (CBA). Any claim in excess of the amount paid pursuant to the no contest, no fault or negligence provision of this Section shall be determined in accordance with the POEA-SEC or CBA. S uch amount received by the seafarer/beneficiary shall form part of and be deducted from whatever benefits the seafarer/beneficiary may be entitled to under the provisions of the POEA-Standard Employment Contract or collective bargaining agreement (CBA). Any claim in excess of the amount paid pursuant to the no contest, no fault or negligence provision of this Section shall be determined in accordance with the POEA-SEC or CBA.

Compulsory Insurance Coverage (d) Repatriation cost Note: Rule XVI, Sec. 8 Documentary Requirement as per IRR draft 1. Certification stating reason for termination of employment and the need for repatriation issued by Philippine foreign post or POLO of receiving country; 2. Notice of Claim to Insurance provider. ( Sec 6, IRR)

Compulsory Insurance Coverage (e) Subsistence allowance - USD 100/month - maximum of 6 months Note: Rule XVI, Sec. 9 Documentary Requirement as per IRR draft 1. Certification from Labor Attaché; 2. Notice of Claim to Insurance provider. ( Sec 6, IRR)

Compulsory Insurance Coverage (f) Money claims- equivalent to at least 3 months salaries for every year of the contract Note: Rule XVI, Sec. 10 Settlement of money claims as per IRR draft 1. Payment within 30 days from receipt of Writ of Execution from NLRC.

Compulsory Insurance Coverage (g) Compassionate visit- 1 family member or requested individual when migrant worker is hospitalised and confined for at least 7 consecutive days

Compulsory Insurance Coverage (h) Medical evacuation – when adequate medical facility is not available

Compulsory Insurance Coverage (i) Medical repatriation- when necessary as determined by the attending physician

Thank you for your time!!! Atty. Imelda L. Barcelona Suite 205 Marbella 1 Bldg Roxas Blvd, Pasay City Philippines Tel. Nos Fax no Website: