UnilateralUnilateral Approaches to Managing Movement and Stay of Temporary Workers: A Case Study of the Philippines By Undersecretary DANILO P. CRUZ For the IOM-WB-WTO Trade and Migration Seminar World Meteorological Organisation, Geneva, Switzerland 4-5 October 2004

What happened to Angelo dela Cruz? The decision to give in or not to the demands of the abductors was a very difficult decision for the government to make. But we have upheld our constitutional principle to serve and protect our people, wherever they may be.

We have about 8M OFWs in more than 140 countries – these OFWs are major contributors to our economic development and so we need to serve and protect them, wherever they may be.

Government Regulation on Overseas Employment: 1.licensing system (Act 2486 of 1915) 2.Department Orders minimum contract conditions dollar remittances for salaries earned abroad procedural rules and regulations

Overseas employment has evolved as a function of market growth over the past many years from being a mere stop-gap measure to alleviate local unemployment and generate foreign exchange to ease the balance of payments into a global reality that is to be managed with utmost regard for the welfare and protection of workers basically shaped by the international demand for foreign workers

Managing Overseas Migration

Both sending and receiving countries have significant mutual interests related to migration Any joint management effort must support the democratic value of free movement and acknowledge the increasing desire of overseas migrants to participate in the activities, while respecting the right and obligation of states to control their activities.

The increasing number of Filipinos overseas and the growing competition have pushed the Philippine Government to intensify its efforts in protecting them, for them to cope with difficulties on site and upon their return home.

Agencies that Cater to OFWs Needs: Philippine Overseas Employment Administration (POEA) Overseas Workers Welfare Administration (OWWA)

The best employment mechanism is to have a good welfare program for the OFWs and their families -- from their pre-departure up to their reintegration to the Philippine labour market or the economy as a whole.

Worker applicants submit authenticated certificates of employment actual trade/skills testing rigid medical examinations attend a Pre-Departure Orientation Seminar

HIRING PROCESS Hiring starts with the documentation of employers through accredited documents verified by labor officers and authenticated by embassy officials Once accredited, they can now recruit workers Manpower requests are also verified, authenticated and sent to the Philippine Overseas Employment Agency

Model employment contracts have been developed based on region/country and skills taking into consideration: Filipino workers employment Host countrys peculiarities at the job site Labor regulations and prevailing practices of host country

based on the premise that in a free and open society, information is the best weapon to protect workers and manage the tide of migrant workers. Full disclosure policy

Foreign employers accreditation is required to ascertain the existence of the principal/project and its manpower requirement. Labor Attaches and welfare officers respond to and monitor problems, complaints and queries of overseas workers and their families.

Doctors were deployed to assist our overseas labor offices in responding to the workers medical and psycho-social problems

Network of resource centers for improved program and service delivery relative to the protection and promotion of workers welfare and interests, and to assist them prepare plans re type of economic activity they can pursue upon their eventual return to the Philippines business counseling skills training programs

Continuous Efforts at Forging or Upgrading Arrangements with Host Countries Enable the country to attend effectively to workers complaints and problems, making workers less vulnerable during their stay abroad. Commonly feature the promotion of the protection and welfare of OFWs, observance of terms and conditions of the employment contracts, as well as provisions for further enhancement of agreements.

Marketing and welfare missions to host countries Provision of mandatory life and personal accident protection at no additional cost to the workers on a per contract basis OFW Flexi-Fund Program - as a retirement protection scheme

Intensified skills training activities and continuously develop training programs that correspond to the demands of the labour market For seafarers, skills upgrading is supported by the Coast Guard, Maritime Industry Authority, Commission of Higher Education and Technical Education and Skills Authority

Overseas performing artists (OPAs) are required to undergo training and testing and secure Artist Record Book (ARB) prior to their deployment to help upgrade the quality of entertainers going overseas and to help minimize trafficking of women. One-Stop Processing Center to simplify the documentation process

OFW E-Card is a permanent identification card for all OFWs proof of being a legal OFW and a member of OWWA Overseas Employment Certificate To avail travel tax exemptions Can act as an international ATM card

Counseling to OFWs and family Skills training Information on savings and investment options; Business development and livelihood assistance such as market linkages, product development, technology transfer, skills and entrepreneurial trainings, consultancy, credit and micro- finance; Ensuring economic security of OFWs

the springboard for their empowerment, as there is always strength in numbers; the bridge to facilitate faster repatriation of OFWs when the need arises; the vehicle in providing psycho-social services to the Balik-Manggagawa for a smoother reunion with their respective families. Family Circles

Interactive databases contains the list of job vacancies, recruitment agencies, etc POEA SMS Service inquiry about recruitment agencies, job vacancies and other information on POEA and overseas employment

to maximize the gains of overseas employment by motivating and counselling them to plan for productive options Reintegration Programs for Returning OFWs

Kabayanihan or the Kabayan- Bayani-Bayanihan is an integration of the welfare and social program packages OFWs and their families

Mechanism with a built-in safety net minimizes, if not prevents, possible huge costs that may be incurred by OFWs and the government Integrated system and the regulatory systems in place ensure them that these workers are coming home after the duration of their contracts.

Approaches to the labour migration management: Enhancing the competitiveness of labour Empowering of labour Ensuring their welfare and protection

Enhancing competitiveness Explore and develop more and better markets for overseas employment Ensure that the OFWs are qualitatively at par with, if not superior to, their foreign counterparts

Empowering OFWs OFWs as agents of development Enabling tool to help act on their own choice

Overseas employment empowered workers financially; empowered workers financially; provided workers with enough earning potential that predisposes the government to encourage them to invest strategically in small and medium scale enterprises; provided workers with enough earning potential that predisposes the government to encourage them to invest strategically in small and medium scale enterprises; empowered workers professionally to enable them to acquire information and skills that the government is keen on harnessing under its reintegration program. empowered workers professionally to enable them to acquire information and skills that the government is keen on harnessing under its reintegration program.

DOLE