THE MIGRANT WORKERS AND OVERSEAS FILIPINO ACT OF 1995

REPUBLIC ACT NO. 8042

As amended by R.A. 9422 and R.A. 10022

OVERVIEW
recognizes the contributions of overseas workers to the economy and provides
for more protection and assistance for migrant workers and OVERSEAS
FILIPINOS.
it expands the definition of illegal recruitment so that even a licensee may be liable
for illegal recruitment, and gives the government the power to place a ban on the
deployment of migrant workers when national interest or public welfare
warrants.

POLICIES
Uphold the dignity of its citizens whether in country or overseas, in general, and
Filipino migrant workers, in particular; continuously monitor international
conventions, adopt/be signatory to and ratify those that guarantee protection to
our migrant workers, and endeavor to enter into bilateral agreements with
countries hosting overseas Filipino workers.
Afford full protection to labor, local and overseas, organized and unorganized, and
promote full employment and equality of employment opportunities for all.
Recognize significant contribution of Filipino migrant workers to the national
economy through foreign exchange remittances, further sustain economic growth
and achieve national development.
Affirms the fundamental equality before the law of women and men and the
significant role of women in nation-building.
Free access to the courts and quasi-judicial bodies and adequate legal assistance,
whether regular/documented or irregular/undocumented be adequately
protected and safeguarded.
Recognized and guaranteed right to participate in the democratic decision-
making processes of the state and to be represented in institutions.
Ultimate protection to all migrant workers in possession of skills; government to
provide them free and accessible skills development and enhancement programs.
Non-governmental organizations, trade unions, workers associations,
stakeholders and their similar entities, duly recognized as legitimate, as partners
of the state in protection and promotion of their welfare, in a spirit of trust and
mutual respect.
Free, (without prejudice to Section 36, RA 8042) government fees and other
administrative costs of recruitment, introduction, placement and assistance to
migrant workers.

MIGRANT WORKER
An overseas Filipino worker
To be engaged or has been engaged in a remunerated activity in a country of which
he is not a citizen
Or on board a vessel navigating the foreign seas, other than a government ship
used for military on non-commercial purposes
 Or on an installation located offshore or on high seas

DEPLOYMENT OF MIGRANT WORKERS

a. has existing labor and social laws protecting the rights of workers, including
migrant workers
b. a signatory to and/or a ratifier of multilateral conventions, declarations or
resolutions relating to the protection or workers, including migrant workers
c. has concluded a bilateral agreement or arrangement with the government of the
protection of the rights of overseas Filipino workers

TERMINATION OR BAN ON DEPLOYMENT

In pursuit of the national interest or when public welfare so requires, may, at

anytime, terminate or impose a ban on the deployment of migrant workers; (POEA
Governing Board, after consultation with the DFA)

COMPULSORY INSURANCE COVERAGE

Each migrant worker deployed be covered by a compulsory insurance policy

secured at no cost to the worker and shall be effective for the duration of the
migrant workers employment:
Accidental death
Natural death
Permanent total disablement
Repatriation cost
Subsistence allowance benefit
Money claims
Compassionate visit
Medical evacuation

REPATRIATION OF MIGRANT WORKERS

Primary responsibility of the agency which recruited or deployed the worker

overseas (principal/employer or agency), except fault of the worker.
OWWA, in coordination with appropriate international agencies, in cases of war,
epidemic, disasters or calamities, natural or man-made, and other similar events.

MANDATORY REPATRIATION OF UNDERAGE MIGRANT WORKERS

Responsible officers in the foreign service without delay repatriate said worker
and advise the DFA.
License be revoked and fine be imposed to the recruitment/manning agency
which recruited or deployed the underage migrant worker.
ILLEGAL RECRUITMENT OF MIGRANT WORKERS

Undertaken by a non-license or non-holder of authority contemplated under

article 13 (f) of Presidential Decree No. 442 or the Labor Code of the Philippines.
Syndicated illegal recruitment
Large scale illegal recruitment
Economic sabotage

ACTION AND PENALTY

Criminal complaint for illegal recruitment can be files by
the Secretary of Labor and Employment or his duly authorized
representatives;
the POEA Administrator or his authorized representatives; or
any aggrieved person.

Prescriptive period:
Simple illegal recruitment prescribes in five (5) years.
Large-scale or syndicated illegal recruitment prescribes in twenty (20)
years.

Penalty for illegal recruitment if migrant workers

Simple illegal recruitment:
12 years and 1 day to 20 years imprisonment, and
a fine of ranging from P1,000,000.00 to P2,000,000.00
Large-scale or syndicated illegal recruitment:
Life imprisonment and
Fine ranging from P2,000,000.00 to P5,000,000.00
Maximum Penalty imposed:
If person illegally recruited is less than eighteen (18) years old of
age or if committed by a non-licensee or non-holder of authority.
Accessory penalties:
Deportation after service of sentences (offender is alien)
Automatic revocation of the license or registration of the
recruitment/manning agency, lending institution, training
school or medical clinic.

JURISDICTION OF POEA AND NLRC

Order of closure of establishment. (POEA)
Over claims of migrant workers. (NLRC)
Reliefs for illegally dismissed migrant workers. (POEA)

SERVICES AND PRIVILEGES AVAILABLE

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 Filipino Resource Center
 e) Migrant Workers Loan Guarantee Fund
f) Congressional Migrant Workers Scholarship Fund
g) National Reintegration Center for Overseas Filipino Workers
h) Legal Assistance
i) Sectoral Representation in Congress

GOVERNMENT AGENCIES CONCERNED

Department of Foreign Affairs (DFA)
Department of Labor and Employment (DOLE)
Philippine Overseas Employment Administration (POEA)
Overseas Workers Welfare Administration (OWWA)

MIGRANT WORKERS DAY

JUNE 7
- the day of signing by the president of this act shall be designated as the migrant
workers day and shall henceforth be commemorated as such annually.