Republic Act No.
8042
Migrant Workers and Overseas Filipinos Act of 1995
as amended by RA 10022
Republic Act No. 8042 was enacted in June
1995 to concretize governments commitment
to protect the rights and promote the welfare
of migrant workers, their families, and other
overseas Filipinos in distress. It also provides
the framework for concerted government
action in dealing with difficulties faced by
Filipinos abroad.
The law seeks to protect the rights and
interests of Filipino workers and other Filipinos
abroad through specific policies and services.
Fast facts
17 March 1995
Flor Contemplacion, a Filipina
domestic helper was convicted
for
killing
another
Filipina
domestic helper in Singapore.
She was
hanged.
sentenced
to
be
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 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
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. 8042
04 September 2009
Joint
Manning
Group
(JMG)
learned from informal sources
that the BicameralCommittee
(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
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.
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.
18 November 2009
BICAM passed the 3rd draft .
Labour sector's recommendation
was completely ignored .
The 3rd BICAM draft contained
the following , viz :
3 BICAM draft
rd
a. criminalises the act of allowing
a non- Filipino citizen to head or
manage a manning agency .
3 BICAM draft
rd
b. criminalises the act of requiring
a seafarer to undergo his PEME
in a clinic or medical facility
appointed by the principal;
3 BICAM draft
rd
c.
criminalises
the
act
of
requiring a seafarer to undergo
training in a
training centre
designated by the principal ;
3 BICAM draft
rd
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.
18 December 2009
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
21 April 2010
R.A. 10022 was published ina
major broadsheet
06 May 2010
R.A. 10022 took effect
Policy Guidelines
The programs and services provided for in R.A. 8042 are anchored
on the following policies:
1. The dignity of citizens, whether in the country or overseas, and
Filipino migrant workers, in particular, shall be upheld.
2. Filipino migrant workers shall be provided with adequate and
timely social, economic, and legal services.
3. Overseas employment shall not be promoted as a means to
sustain economic growth and achieve national development. The
existence of the overseas employment program rests solely on
the assurance that the dignity and fundamental human rights
and freedoms of the Filipino citizen shall not, at any time, be
compromised or violated.
4. Women and men shall be equal before the law; women shall
have significant role in nation building.
Policy Guidelines
5. An effective mechanism shall be instituted to ensure that
the rights and interests of distressed overseas Filipinos, in
general, and Filipino migrant workers, in particular, are
adequately protected
and safeguarded.
6. Filipino migrant workers and all overseas Filipinos shall
have
the right to participate in the democratic decision-making
processes of the State and to be represented in institutions
relevant to overseas employment.
7. The ultimate protection of all migrant workers shall lie in
the
possession of skills.
8. Non-governmental organizations shall be recognized as
partners in the protection of Filipino migrant workers and
in the promotion of their welfare.
9. Government fees and other administrative costs of
recruitment, introduction, placement and assistance to
Programs and Services Provided by
RA
8042Agency
Name of
Main Feature/ Highlights
Program/
Service
Concerned
Country
Team
Approach
All
All officers, representatives and personnel
of the Philippine government posted
abroad regardless of their mother
agencies shall, on a per country basis, act
as one country-team with a mission under
the leadership of the ambassador.
The mode under which Philippine
embassies or their personnel will operate
in the protection of the Filipino migrant
workers as well as in the promotion of
their welfare.
Programs and Services Provided by
RA
8042Agency
Name of
Main Feature/ Highlights
Program/
Service
Concerned
Travel
Advisory/
Informatio
n
Dissemina
tion
Philippine
embassies
and
consulates
POEA
Issuance of travel advisories or
dissemination of information on labor and
employment conditions and migration
realities and other facts to adequately
prepare individuals into making informed
and intelligent decisions about overseas
employment.
Repatriation Recruitment The repatriation of the worker (whether
of Workers
Agency
deceased or not) and the transport of his
personal belongings shall be the primary
responsibility of the agency which
recruited or deployed the worker
overseas. All costs attendant to
repatriation shall be borne by or charged
to the agency concerned and/or its
principal.
Programs and Services Provided by
RA
8042
Program/ Agency
Main Feature/ Highlights
Service
Concerned
Emergen
cy
Repatriat
ion Fund
OWWA
(Overseas
Workers
Welfare
Administratio
n)
Administration, control, and supervision
of a fund consisting of P100 million taken
from existing OWWA funds and additional
funds appropriated from the General
Appropriations Act for the repatriation of
workers in cases of war, epidemic,
disaster, or natural or man-made
calamities, similar events, and in cases of
repatriation of workers where the
principal or recruitment agency
cannot be identified
DFA
Repatriation of under-aged migrant
workers
Mandatory
Repatriatio
n of
Underage
Migrant
officers in the Upon discovery of migrant workers whose
foreign
ages fall below the minimum age
service
requirement, the responsible officers in
the foreign service shall repatriate said
DFA
workers and advise the Department of
Programs and Services Provided by
RA
8042
Program/ Agency
Main Feature/ Highlights
Service
Concerned
Emergen
cy
Repatriat
ion Fund
OWWA
(Overseas
Workers
Welfare
Administratio
n)
Administration, control, and supervision
of a fund consisting of P100 million taken
from existing OWWA funds and additional
funds appropriated from the General
Appropriations Act for the repatriation of
workers in cases of war, epidemic,
disaster, or natural or man-made
calamities, similar events, and in cases of
repatriation of workers where the
principal or recruitment agency
cannot be identified
DFA
Repatriation of under-aged migrant
workers
Mandatory
Repatriatio
n of
Underage
Migrant
officers in the Upon discovery of migrant workers whose
foreign
ages fall below the minimum age
service
requirement, the responsible officers in
the foreign service shall repatriate said
DFA
workers and advise the Department of
Programs and Services Provided by
RA
8042
Program/ Agency
Main Feature/ Highlights
Service
Concerned
National
DOLE
Reintegrati
on Center
for
Overseas
Filipino
Workers
(NRCO)
DOLE,
OWWA,
POEA
TESDA, TLRC
and other
govt agencies
involved in
training and
livelihood
development
A national reintegration center for
overseas Filipino workers (NRCO) for
returning Filipino migrant workers which
shall provide a mechanism for their
reintegration into the Philippine society,
serve as a promotion house for their
local employment, and tap their skills
and potentials for national development.
Formulation of a program that will
motivate migrant workers to plan for
productive options such as entry into
highly technical jobs, livelihood, and
entrepreneurial development, better
wage employment, and investment of
savings.
Provision of training to returning
overseas workers, giving priority to
returnees who had been employed as
domestic helpers and entertainers
Programs and Services Provided by
RA
8042
Program/ Agency
Main Feature/ Highlights
Service
Concerned
Migrant
Workers
and
Other
Overseas
Filipino
Resource
Centers
Philippine
embassies/
consulates
with
other
government
agencies
Establishment of a 24-hour
information and assistance center in
countries where there are large
concentrations of Filipino migrant
workers. Among the services of the
center are:
counseling and legal services
welfare assistance, including
procurement of
medical and hospitalization services
information programs to promote
social
integration, settlement, and community
Networking
training and skills upgrading
gender sensitive activities to address
specific needs of women migrant
workers
A counterpart 24-hour information
and assistance center is also established
Programs and Services Provided by
RA
8042
Program/ Agency
Main Feature/ Highlights
Service
Concerned
Shared
Governm
ent
Informati
on
System
for
Migration
DFA, CFO,
DOLE,
POEA, OWWA,
DOT, DOJ, BI,
NBI, and NSO
Sharing of existing database
among agencies concerned. The
database initially include:
Master list of Filipino migrant workers
with pertinent demographic information
inventory of pending legal cases of
Filipino migrant workers
master lists of departing/ arriving
Filipinos
statistical profile on Filipino migrant
workers/ overseas Filipinos/tourists
blacklisted foreigners/ undesirable
aliens
basic data on legal systems,
immigration policies, marriage laws, and
civil and criminal
codes in receiving countries particularly
those with large numbers of Filipinos
list of labor and other human rights
instruments where receiving countries
Programs and Services Provided by
RA
8042
Program/ Agency
Main Feature/ Highlights
Service
Concerned
Shared
Governm
ent
Informati
on
System
for
Migration
DFA, CFO,
DOLE,
POEA, OWWA,
DOT, DOJ, BI,
NBI, and NSO
a tracking system of past and present
gender disaggregated cases involving
male and female migrant workers
listing of overseas posts which may
render assistance to overseas Filipinos
in general, and migrant workers in
particular.
The second phase involves
linking of
computer facilities to allow free-flow
data exchanges among agencies
Migrant
Workers
Loan
Guarante
e
Fund
OWWA in
coordination
with GFIs
Institutionalization of financing schemes
to expand grant of pre-departure loan
and family
assistance loan to Filipino migrant
workers and their families.
A revolving amount of P100 million from
the OWWA was set aside as a guarantee
Programs and Services Provided by
RA
8042
Program/ Agency
Main Feature/ Highlights
Service
Concerned
Rights
DFA
and
Enforcem
ent
Mechanis
ms Under
Internati
onal and
Regional
Human
Rights
System
Undertake the necessary initiative such
as promotions, acceptance or adherence
of countries receiving Filipino workers to
multilateral convention, declaration or
resolutions pertaining to the protection
of migrant workers' rights.
Legal
Assistanc
e
for
Migrant
Creation of the Office of the
Undersecretary for Migrant Workers
Affairs which will be responsible for the
provision and overall coordination of all
legal assistance services to Filipino
DFA Office of
the
Undersecretar
y
for Migrant
Assessment of rights and avenues of
redress under international and regional
human rights systems that are available
to Filipino migrant workers who are
victims of abuse and violation and, as
far as practicable and through the Legal
Assistant for Migrant Workers Affairs
Programs and Services Provided by
RA
8042Agency
Program/
Main Feature/ Highlights
Service
Concerned
Legal
Assistance
Fund
DFA Office of
the
Undersecret
ary
for Migrant
Workers
Affairs
Creation of a fund to be used to pay for
legal services of migrant workers and
overseas Filipinos in distress, especially
for:
fees for foreign lawyers
bail bonds
court fees and charges and other
litigation expenses
Congressio
nal
Migrant
Workers
Scholarshi
p Fund
DOLE, DOST
Establishment of scholarship fund to
benefit deserving migrant workers
and/or their immediate descendants
below 21 years old who intend to pursue
courses or training in the field
of science and technology. Its
implementation is subject to the
availability of funds
Other Provisions of R.A.
8042
1. Selective deployment of Filipino migrant workers to countries where
their rights are protected.
2. Definition of illegal recruitment activities, and provision of
appropriate penalties thereof. (To be discussed in the next report)
3. Provision of incentives to professionals and highly-skilled Filipinos
abroad especially in the field of science and technology to enable them to
participate in and contribute to national development.
4. Exemption of overseas Filipino workers from the payment of travel
tax and airport fees.
6. Compulsory Insurance Coverage for Agency-Hired Workers
5. Designation of June 7 as Migrant Workers Day
Where can Migrant Workers be
deployed? (Sec 4)
The State shall allow the deployment of overseas
Filipino workers only in countries where the rights of
Filipino migrant workers are protected. The
government recognizes any of the following as a
guarantee on the part of the receiving country for the
protection of the rights of overseas Filipino workers:
(a) It has existing labor and social laws protecting the
rights of workers, including migrant workers;
(b) It is a signatory to and/or a ratifier of multilateral
conventions, declarations or resolutions relating to the
protection of workers, including migrant workers; and
(c) It has concluded a bilateral agreement or arrangement
with the government on the protection of the rights of
overseas Filipino Workers.
Provided, That the receiving country is taking
positive, concrete measures to protect the rights of
Where can Migrant Workers be
deployed? (Sec 4)
The State shall also allow the deployment of overseas
Filipino workers to vessels navigating the foreign
seas or to installations located offshore or on high
seas whose owners/employers are compliant with
international laws and standards that protect the
rights of migrant workers.
The State shall likewise allow the deployment of
overseas Filipino workers to companies and
contractors with international operations: Provided,
That they are compliant with standards, conditions and
requirements, as embodied in the employment contracts
prescribed by the POEA and in accordance with
internationally-accepted standards.
Compulsory Insurance Coverage for AgencyHired Workers.
Each migrant worker deployed by a recruitment/manning
agency shall be covered by a compulsory insurance policy
which shall be secured at no cost to the said worker. Such
insurance policy shall be effective for the duration of the
migrant worker's employment and shall cover, at the
minimum:
(a) Accidental death, with at least Fifteen thousand United
States dollars (US$15,000.00) survivor's benefit payable to the
migrant worker's beneficiaries;
(b) Natural death, with at least Ten thousand United States
dollars (US$10,000.00) survivor's benefit payable to the
migrant worker's beneficiaries;
(c) Permanent total disablement, with at least Seven thousand
five hundred United States dollars (US$7,500.00) disability
benefit payable to the migrant worker. The following
disabilities shall be deemed permanent: total, complete loss of
sight of both eyes; loss of two(2) limbs at or above the ankles
or wrists; permanent complete paralysis of two (2) limbs; brain
injury resulting to incurable imbecility or insanity;
Compulsory Insurance Coverage for AgencyHired Workers.
(d) Repatriation cost of the worker when his/her employment
is terminated without any valid cause, including the transport
of his or her personal belongings. In case of death, the
insurance provider shall arrange and pay for the repatriation
or return of the worker's remains. The insurance provider shall
also render any assistance necessary in the transport
including, but not limited to, locating a local licensed funeral
home, mortuary or direct disposition facility to prepare the
body for transport, completing all documentation, obtaining
legal clearances, procuring consular services, providing
necessary casket or air transport container, as well as
transporting the remains including retrieval from site of death
and delivery to the receiving funeral home;
(e) Subsistence allowance benefit, with at least One hundred
United States dollars (US$100.00) Per month for a maximum
of six (6) months for a migrant worker who is involved in a
case or litigation for the protection of his/her rights in the
receiving country;
Compulsory Insurance Coverage for AgencyHired Workers.
(f) Money claims arising from employer's liability which may
be awarded or given to the worker in a judgment or
settlement of his or her case in the NLRC. The insurance
coverage for money claims shall be equivalent to at least
three (3) months for every year of the migrant worker's
employment contract;
In addition to the above coverage, the insurance policy shall
also include:
(g) Compassionate visit. When a migrant worker is
hospitalized and has been confined for at least seven (7)
consecutive days, he shall be entitled to a compassionate visit
by one (1) family member or a requested individual. The
insurance company shall pay for the transportation cost of the
family member or requested individual to the major airport
closest to the place of hospitalization of the worker. It is,
however, the responsibility of the family member or requested
individual to meet all visa and travel document requirements;
Compulsory Insurance Coverage for AgencyHired Workers.
(h) Medical evacuation. When an adequate medical facility is
not available proximate to the migrant worker, as determined
by the insurance company's physician and/or a consulting
physician, evacuation under appropriate medical supervision
by the mode of transport necessary shall be undertaken by
the insurance provider; and
(i) Medical repatriation. When medically necessary as
determined by the attending physician, repatriation under
medical supervision to the migrant worker's residence shall be
undertaken by the insurance provider at such time that the
migrant worker is medically cleared for travel by commercial
carrier. If the period to receive medical clearance to travel
exceeds fourteen (14) days from the date of discharge from
the hospital, an alternative appropriate mode of
transportation, such as air ambulance, may be arranged.
Medical and non-medical escorts may be provided when
necessary.
