SYNOPSIS yn

RA 8042 AND RA 10022

The national government, under the leadership by then President Benigno
Aquino III ,signed into law the RA 10022 amending the Migrant Workers and Overseas
Filipinos Act of 1995 or Republic Act No. 8042. It is a landmark legislation wherein the
purpose of it is to advance the wellbeing of all Overseas Filipino workers, their families,
and Filipinos in distress. It is also a response of the national government to the call for
an expanded protection of the country’s “modern-day heroes.
Under the said law, the Department of Labor and Employment (DOLE), together
with the Department of Foreign Affairs and other government agencies with overseas
Filipino workers-related mandates, has the responsibility for the  protection of the
welfare and interest of Filipino workers deployed overseas. Abiding to the principle that
the state should observe strong bilateral and multilateral relations with receiving
countries to ensure that OFWs are protected from any form of abuse and maltreatment,
these government agencies are directed to strictly monitor the conditions of OFWs once
deployed abroad and ensure the immediate response when confronted with .
The Migrant Workers’ Act (RA 10022) obligates the government to only deploy
OFWs to countries where the rights of Filipino migrant workers are protected. As
compared to the previous law, RA 10022 sets a stricter criterion for the deployment of
OFWs abroad. The criteria includes the three-step process that involves a) DFA
certifications on compliance by host countries; b) POEA resolution allowing deployment
to complying host countries; and c) POEA processing of workers’ documents to
countries identified in POEA resolutions.
The law also prescribes penalties to government entities, especially the members
of the POEA Board who allows the deployment of OFW in consistent to the conditions
setforth under Section four…

Other saliet features of this new law include the amendments to prohibited acts that
may constitute illegal recruitment by licensed and unlicensed agencies, as well as other
prohibited acts, such as loans, decking practice in OFW medical examinations; and
recruitment by suspended agencies; intensified anti-illegal recruitment programs that
include institutionalizing the role of LGUs; added capability of POEA lawyers;
prosecution; and operation and surveillance to apprehend illegal recruiters; and money
claims and inclusion of voluntary arbitration;

As to the repatriation and mechanism for repatriation, the new law prescribes
responsibility for repatriation with principal/employer and licensed recruitment agency
and shall now observe the 48-hour notice rule and 15-day period  for countries with exit
visa requirements. The law also include provisions on repatriation of underage workers
and asserting penalties and liabilities for recruiters who recruit underage migrant
workers.
1. Overseas Filipino Resource Centers will now have additional required personnel,
such as psychologists, etc. and be under direct POLO supervision;
2. Institutionalizing the National Reintegration Center for OFWs;
3. Protection from abusive medical clinics;
4. Ensuring the use of the legal assistance fund for foreign lawyers and attorneys’
fees and for filing of cases against erring or abusive employers;
5. Compulsory insurance to cover agency-hired workers for accidental death,
natural death, permanent total disablement, repatiation costs, subsistence
allowance benefit, money claims, compassionate visit, medical evaluation, and
medical repatriation.