RA 8042

MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT

I.

Migrant Worker
a. Def.
1. An overseas Filipino worker; a person
a. Engaged or has been engaged in a remunerated activity in a country of
which he is not a citizen
i. If he has been promised or assured
b. Or on board a vessel navigating foreign seas, other than a government ship
used for military or non-commercial purposes
c. Or on an installation located offshore or on high seas
b. Deployment of Migrant Workers (Guaranties)
1. Only in countries where the rights of Filipino workers are protected
2. Filipino seafarers allowed only when owners/employers are compliant with
international laws and standards that protect migrant workers
3. International operations allowed if compliant with standards and conditions
embodied in the employment contracts prescribed by the POEA
4. In the absence of any guarantees = POEA will NOT ISSUE A DEPLOYMENT
PERMIT

II.

Liability of the POEA Governing Board, Governing Officials and Employees

a. Act: allowing deployment without any guaranties
b. Penalty: Removal/dismissal from service with disqualification to hold appointive public
office for 5 years

III.

Compulsory Insurance Coverage for agency-hired migrant workers

a. Recruitment or manning agencies obliged to provide migrant worker compulsory
insurance at NO COST to the worker
b. If MW was made to shoulder
i. license of recruitment or manning agency will be cancelled
ii. all officers and employees shall be PERPETUALLY DISQUALIFIED from
engaging in recruitment
c. insurance company MUST BE
i. recruitment agency has the right to choose the insurance provider
d. Migrant workers recruited by POEA covered by a foreign employers guarantee fund
e. Disqualification
th
i. Insurance companies who have officers and employees within the 4 civil degree
of consanguinity or affinity
ii. Who work or have interest in any of the government agencies
f. Coverage
IV.
Repatriation
a. Repatriation + transport of personal belongings the primary responsibility of recruitment
agencies
i. All costs attendant shall be borne by the agency or the principal
b. Exemption: termination is due SOLELY to the fault of the worker
c. Emergency Repatriation
i. OWWA with proper international agencies
ii. Cost of repatriation is subject to reimbursement by the responsible principal or
agency
iii. If principal or agency cannot be identified, all COSTS shall be borne by OWWA
d. Repatriation of underage migrant workers mandatory
i. Underage below 18 yrs old
ii. Responsible officers in the foreign service shall without delay repatriate
iii. License shall be automatically revoked
1. With fine: 500K to 1M
iv. Agency will refund all fees incurred by underage worker
V.
Illegal Recruitment of Migrant Workers
Simple Illegal
Syndicated Illegal
Large-scale Illegal
Economic Sabotage
Recruitment
Recruitment
Recruitment
carried out by a group of committed AGAINST 3
committed by a syndicate
3 or more persons
or more persons
or large scale
conspiring or
individually or as a group
confederating with one
another
5 years
20 years
a.
b.
c.

Who ca n file the criminal complaint for illegal recruitment

Prescriptive period
Penalty

VI.

VII.
VIII.

IX.

Jurisdiction of the POEA

a. Power of POEA to order closure of establishment
b. Closure order
c. Remedies
d. Who can file to reopen the establishment
e. Who can file a motion to life a closure order
f. Grounds for lifting a closure order
g. Appeal
h. Prescriptive Period
i. POEA has no jurisdiction over claims of migrant workers
j. Reliefs for illegally dismissed migrant workers
Recruitment agencies are solidarily liable with the principal
a. Exceptions
Services and privileges available to migrant workers
a. Exemption from Travel Tax and Airport Fee
b. Exemption from Documentary Stamp Tax
c. Travel Advisory/Information Dissemination
d. Migrant Workers and Other Overseas Filipinos Resource Center
e. Migrant Workers Loan Guarantee Fund
f. Congressional Migrant Workers Scholarship
g. National Reintegration Center for OFWs
h. Legal Assistance
i. Sectoral Representation in Congress
Migrant Workers Day = June 7