The views expressed in this presentation are the views of the author and do not necessarily reflect the

views or policies of
the Asian Development Bank Institute (ADBI), the Asian Development Bank (ADB), its Board of Directors, or the governments
they represent. ADBI does not guarantee the accuracy of the data included in this paper and accepts no responsibility for
any consequences of their use. Terminology used may not necessarily be consistent with ADB official terms.

NINI A. LANTO
Philippine Overseas Employment Administration
Department of Labor and Employment
Philippines

OUTLINE
I. Legal Framework
II. Salient Features of Migrant Workers and
Overseas Filipinos Act of 1995
III. Areas of Responsibilities of Entities
Involved in Philippine Labor Migration
IV. General Policies in Managing and
Regulating Philippine Labor Migration
V. General Principles

I.

LEGAL FRAMEWORK GOVERNING PHILIPPINE

LABOR MIGRATION

The Philippine Labor Code (1974)

-

regulated the participation of the private

sector in the recruitment and placement of
workers locally and abroad.

Executive Order 797 (1982)

created the Philippine Overseas Employment

Administration (POEA) which is the central
government agency mandated to manage
and regulate the Philippine overseas
employment program.

Republic Act 8042 (1995)

Known as the Migrant Workers and
Overseas Filipinos Act of 1995):
- instituted the policies on overseas
employment.
- established a higher standard of protection
and promotion of the welfare of migrant
workers, their families and overseas
Filipinos in distress.
- deregulate recruitment activities of the
private sector.

Legal Framework

Republic Act No. 9422 (2007; Amending

RA 8042)

strengthened the regulatory functions of the

POEA.

Republic Act No. 10022 (2010; Amending RA

8042)
-

expanded and further strengthened the

protection of the rights and welfare of
Filipino migrant workers and their families.

Legal Framework

II. SALIENT FEATURES OF MIGRANT WORKERS

AND OVERSEAS FILIPINOS ACT OF 1995
1.

2.
3.
4.
5.

Provision of adequate and timely social,

economic and legal services to Filipino
migrant workers.
Deployment of overseas Filipino workers only
to countries where their rights are protected.
Definition of illegal recruitment activities and
their corresponding penalties.
Worker information and education on labour
migration.
Mandatory repatriation of underage migrant
workers.

6.

7.
8.
9.

Repatriation of workers upon contract

termination, or in case of war, epidemic,
disaster or calamities and other emergency
situations.
Establishment of a national reintegration
center for overseas Filipino workers.
Compulsory insurance coverage for agencyhired workers at no cost to the worker.
Delineation of functions of government and
non-government bodies involved in labor
migration.

Salient Features

A.

Department of Labor and Employment

(DOLE)

- promote gainful employment opportunities,

develop human resources, protect workers and

promote their welfare and maintain industrial
peace.
- formulate policies and implement programs
in the areas of labor and employment.
- shall see to it that labor and social welfare laws
in the foreign countries are fairly applied to
migrant workers, including overseas Filipino
workers.

B.

Philippine Overseas Employment

Administration (POEA)
-

regulate the participation of the private sector in

the recruitment and placement of workers
overseas thru a licensing and registration system.
secure the best possible terms and conditions of
employment for the workers.
inform and educate migrant workers of their
rights and the realities of overseas employment.
protect migrant workers from illegal recruitment
and human trafficking.
issue clearance for the deployment of migrant
workers.

Areas of Responsibilities

C.

Overseas Workers Welfare Administration

(OWWA)
-

manage the welfare fund of OWWA members.

provide all necessary assistance to workers and
their families in the enforcement of contractual
obligations of recruitment agencies and
employers.
formulate and implement welfare programs for
migrant workers and their families while they
are abroad and upon their return.
provide financial, loan and scholarship assistance
to OWWA members and their families.
undertake the immediate repatriation of migrant
workers in distress as may be required.

Areas of Responsibilities

conduct pre-departure orientation seminars

and training to migrant workers hired for
overseas employment.
- conduct post arrival orientation seminars to
migrant workers in the jobsite.

D. Technical

Education and Skills

Development Authority (TESDA)

- develop and implement modules and

programs for skills training and development.
- assess and certify workers skill competency.
Areas of Responsibilities

E.

Professional Regulation Commission (PRC)

-

F.

manage and regulate the practice of regulated

professions.
certify and issue license to individuals
practicing regulated professions.

National Reintegration Center for Overseas

Filipino Workers (NRCO)
-

provide mechanism for the reintegration of

returning migrant workers into the mainstream
of the Philippine society.
develop and support programs and projects
for livelihood, entrepreneurship, savings,
investments and financial literacy for
returning migrant workers and their families.

Areas of Responsibilities

G.

Department of Foreign Affairs (DFA)

formulate and implement policies and programs

to promote and protect the rights and welfare of
Filipino migrant workers.
- provide consular assistance to migrant workers
abroad.
- provide legal assistance to overseas Filipinos in
distress, including their immediate repatriation,
as may be necessary.
- certify on the compliance or non-compliance of
labor receiving countries with the guarantees on
the protection of the rights of migrant workers.
- lead agency to advise and assist the President on
foreign relations
-

Areas of Responsibilities

Department of Health (DOH)

H.
-

regulate the operations of medical clinics in

the conduct of pre-employment medical
examinations on migrant workers.

Insurance Commission (IC)

I.
-

regulate the operations of private insurance

providers.
determine the legitimacy and capability of
private insurance providers to provide the
compulsory insurance coverage of migrant
workers as required under RA 10022.

Areas of Responsibilities

J.

National Labor Relations Commission

(NLRC)

hear and decide cases filed by migrant

workers including money claims, claims for
actual, moral, exemplary and other forms of
damages.

K.

Local Government Units (LGUs)

-

disseminate
information
to
their
constituents on all aspects of overseas
employment in partnership with other
government agencies and non-government
organizations advocating the rights and
welfare of migrant workers.

Areas of Responsibilities

L.

Migrant Workers and other Overseas

Filipinos Resource Center (FWRC)
-

established within the premises and under

the administrative jurisdiction of Philippine
Embassies.
to provide 24/7 services, including care and
assistance, counseling, hospitalization,
repatriation of distressed migrant workers.
conduct post-arrival orientation seminars to
workers on site.
register undocumented workers.

Areas of Responsibilities

M.

Congressional Oversight Committee (COC)

-

monitor and ensure the proper

implementation of RA 8042, as amended,
and all programs, projects and activities
related to overseas employment.

Areas of Responsibilities

A. Industry
1.
2.

3.

regulation

licensing of private recruitment agencies to

participate in the labor migration program.
regulation of agency operations, including
qualifications of agency owners and
operators, required capitalization for agency
operations, agency performance, collection
of placement fee.
recognition and incentive award system,
penalty and disqualification system for
private recruitment agencies and foreign
employers, and migrant workers.

pre-licensing and continuing agency

education program for private
recruitment agencies.
5. hear and decide cases of recruitment
violations.
6. impose corresponding penalty to
erring agencies, employers and workers.
7. cancel / suspend agency license.

4.

8.

watchlist / blacklist erring employers and

workers.

General Policies

B. Employment
1.

2.
3.
4.
5.

Facilitation

a highly organized system of accreditation

and registration of foreign employers and
documentation and registration of migrant
workers.
labor market research and development of
employment standards.
electronic database on employer and worker
registration and other labor migration data.
on-line employer and worker documentation
system.
forging of bilateral / multilateral labor
cooperation / agreement with labor host
governments.

General Policies

C.

Worker Protection
1.

Worker information and education

program thru:
A. Pre-Employment Orientation Seminar
(PEOS)
- nationwide high profile anti-illegal
recruitment / anti-trafficking in
persons campaign to:
curb illegal recruitment, and
increase the awareness of would-be
migrant workers on the realities of
overseas employment to enable
them to come up with wise and
sound decision on whether or not to
pursue overseas employment.

General Policies

B.

Pre-departure Orientation Seminar

(PDOS)

orient workers before leaving on their

duties and responsibilities, culture,
living and working conditions in their
countries of destination.

C.

Post-Arrival Orientation Seminar

(PAOS)
-

on-site briefing of the workers on the

actual situations and realities relating
to their working and living condition
in the labor host country.

General Policies

2. Country and skill specific guidelines in

worker documentation, as may be required:
- prescribed

minimum salary rate, age

requirement and standard employment
contracts for vulnerable skills.
appropriate training and skills certification
required for domestic workers (DWs) .
strictly no placement fee policy for DWs,
and for workers bound to countries where
collection of placement fees from migrant
workers is prohibited by the host
governments.

General Policies

individual employment contracts duly

verified by Philippine Labor Attaches in the
jobsite are required in the processing of
contracts of DWs, drivers and female
semi-skilled workers;
insurance coverage requirement for drivers
bound for the Middle East.

General Policies

1.

Partnership with and among concerned

government and private entities.
As provided for in the law, the State
recognizes non-government organizations,
trade unions, workers associations,
civil societies and other similar legitimate
entities as partners of the State in the
protection of Filipino migrant workers and
in the promotion of their welfare.

2.

3.
4.

5.

Policies affecting the employment and

welfare of migrant workers are formulated
under the principle of transparency and in
consultation with all industry stakeholders,
both government and private.
The rights and privileges of migrant workers
are enshrined in relevant laws.
Programs and services provided to migrant
workers are circular and comprehensivefrom pre-application, pre-employment,
employment and post-employment stages.
The thrust of Philippine labor migration is
workers rights protection and welfare
promotion.

General Principles