REPUBLIC ACT NO.

8042
Migrant Workers and Overseas Filipinos Act of 1995
An act to institute the policies of overseas employment and establish a higher standard of protection
and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress, and
for other purposes.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SEC. 1. SHORT TITLE. - This act shall be known and cited as the "Migrant Workers and Overseas Filipinos
Act of 1995."

SEC. 2. DECLARATION OF POLICIES--

 (a) In the pursuit of an independent foreign policy and while considering national sovereignty,
territorial integrity, national interest and the right to self-determination paramount in its relations
with other states, the State shall, at all times, uphold the dignity of its citizens whether in country or
overseas, in general, and Filipino migrant workers, in particular.

(b) The State shall afford full protection to labor, local and overseas, organized and unorganized, and
promote full employment and equality of employment opportunities for all. Towards this end, the
State shall provide adequate and timely social, economic and legal services to Filipino migrant workers.

(c) While recognizing the significant contribution of Filipino migrant workers to the national economy
through their foreign exchange remittances, the State does not promote overseas employment 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 citizens shall not, at any time, be compromised or violated. The State,
therefore, shall continuously create local employment opportunities and promote the equitable
distribution of wealth and the benefits of development.

 (d) The State affirms the fundamental equality before the law of women and men and the significant
role of women in nation-building. Recognizing the contribution of overseas migrant women workers and
their particular vulnerabilities, the State shall apply gender sensitive criteria in the formulation and
implementation of policies and programs affecting migrant workers and the composition of bodies
tasked for the welfare of migrant workers.

 (e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any persons by reason of poverty. In this regard, it is imperative that an effective mechanism
be instituted to ensure that the rights and interest of distressed overseas Filipinos, in general, and
Filipino migrant workers, in particular, documented or undocumented, are adequately protected and
safeguarded.

 (f) The right of Filipino migrant workers and all overseas Filipinos to participate in the democratic
decision-making processes of the State and to be represented in institutions relevant to overseas
employment is recognized and guaranteed.

 (g) The State recognizes that the ultimate protection to all migrant workers is the possession of skills.
Pursuant to this and as soon as practicable, the government shall deploy and/or allow the deployment
only to skilled Filipino workers.
(h) Non-governmental organizations, duly recognized as legitimate, are partners of the State in the
protection of Filipino migrant workers and in the promotion of their welfare, the State shall cooperate
with them in a spirit of trust and mutual respect.

 (I) Government fees and other administrative costs of recruitment, introduction, placement and
assistance to migrant workers shall be rendered free without prejudice to the provision of Section 36
hereof.

 Nonetheless, the deployment of Filipino overseas workers, whether land-based or sea-based by local
service contractors and manning agencies employing them shall be encouraged. Appropriate incentives
may be extended to them.

SEC. 3. DEFINITIONS. - For purposes of this Act:

(a) "Migrant worker" refers to a person who is to be engaged, is engaged or has been engaged in a
renumerated activity in a state of which he or she is not a legal resident to be used interchangeably
with overseas Filipino worker.

(b) "Gender-sensitivity" shall mean cognizance of the inequalities and inequities prevalent in society
between women and men and a commitment to address issues with concern for the respective interests
of the sexes.

(c) "Overseas Filipinos" refers to dependents of migrant workers and other Filipino nationals abroad
who are in distress as mentioned in Sections 24 and 26 of this Act.

I. DEPLOYMENT

SEC. 4. Deployment of Migrant Workers - The State shall deploy overseas Filipino workers only in
countries where the rights of Filipino migrant workers are protected. The government recognizes any of
the following as guarantee on the part of the receiving country for the protection and the rights of
overseas Filipino workers:

(a) It has existing labor and social laws protecting the rights of migrant workers;

(b) It is a signatory to multilateral conventions, declaration or resolutions relating to the protection of

migrant workers;

(c) It has concluded a bilateral agreement or arrangement with the government protecting the rights of
overseas Filipino workers; and

(d) It is taking positive, concrete measures to protect the rights of migrant workers.

II. ILLEGAL RECRUITMENT

Sec. 6. DEFINITIONS. - For purposes of this Act, illegal recruitment shall mean any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes referring, contact
services, promising or advertising for employment abroad, whether for profit or not, when undertaken
by a non-license or non-holder of authority contemplated under Article 13(f) of Presidential Decree No.
442, as amended, otherwise known as the Labor Code of the Philippines. Provided, that such non-
license or non-holder, who, in any manner, offers or promises for a fee employment abroad to two or
more persons shall be deemed so engaged. It shall likewise include the following acts, whether
committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority.
(a) To charge or accept directly or indirectly any amount greater than the specified in the schedule of
allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any
amount greater than that actually received by him as a loan or advance;

(b) To furnish or publish any false notice or information or document in relation to recruitment or
employment;

(c) To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority under the Labor Code;

(d) To induce or attempt to induce a worker already employed to quit his employment in order to offer
him another unless the transfer is designed to liberate a worker from oppressive terms and conditions
of employment;

(e) To influence or attempt to influence any persons or entity not to employ any worker who has not
applied for employment through his agency;

(f) To engage in the recruitment of placement of workers in jobs harmful to public health or morality
or to dignity of the Republic of the Philippines;

(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his
duly authorized representative;

(h) To fail to submit reports on the status of employment, placement vacancies, remittances of foreign
exchange earnings, separations from jobs, departures and such other matters or information as may be
required by the Secretary of Labor and Employment;

Republic Act 9262

Anti-Violence Against Women and Their Children Act of 2004
"THE ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF
2004"SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against
Women and Their Children Act of 2004."

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity
of women and children and guarantees full respect for human rights. The State also
recognizes the need to protect the family and its members particularly women and children,
from violence and threats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against
women and children in keeping with the fundamental freedoms guaranteed under the
Constitution and the Provisions of the Universal Declaration of Human Rights, the
convention on the Elimination of all forms of discrimination Against Women, Convention on
the Rights of the Child and other international human rights instruments of which the
Philippines is a party.

SECTION 3. Definition of Terms.- As used in this Act:

(a) "Violence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a woman
with whom the person has or had a sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate or illegitimate, within or without the
family abode, which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following
acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

D. "Economic abuse" refers to acts that make or attempt to make a woman financially

dependent which includes, but is not limited to the following:

1. Withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the
Family Code;

2. Deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;

3. Destroying household property;

4. Controlling the victims' own money or properties or solely controlling the conjugal money
or properties.

law on illegal recruitment in the

philippines explained
Several of our fellow Filipinos end up being victimized by unscrupulous illegal recruiters. Thus,
instead of landing a dream job abroad and earning dollars, they find themselves not being able
to leave the country despite spending hard earned money to pay the illegal recruiters, or worse,
some OFWs become TNT or “tago ng tago” for having invalid working permits or visas.

For these reasons, it is therefore important to learn what constitutes illegal recruitment so that
you will be able to avoid being counted as a part of the growing numbers of Filipinos duped by
illegal recruiters.

What is illegal recruitment?

When committed by a non-licensee or non-holder of authority:

 any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers,
and includes, referring, contact services, promising or advertising for employment abroad, whether
for profit or not and the employment abroad is offered for fee to two or more persons

When committed by any person, whether non-licensee, non-holder, licensee or holder of

authority

 Charging an amount greater than that allowed by the Secretary of DOLE or making a worker
pay a loan greater in amount than that received by him. For example if the Sec of DOLE allows
recruiters to charge Php100 for a certain task, the recruiter can’t charge Php200 because that would
be deemed as illegal recruitment.

 Provide or publish any false information regarding recruitment. Thus if the recruiter says
that the job is for a flight stewardess and it was eventually found out that the actual job is for a GRO,
then this will be deemed as false information in relation to recruitment and such act will be
considered as illegal recruitment under the RA 8042.

 To give any false information or document, or performs an act of misrepresentation for the
purpose of securing a license or authority. For example if a recruiter stated that he/she has not been
previously charged with a criminal case or that there is no pending case against him/her for the
purpose of getting a license, then he/she will be deemed as to have committed illegal recruitment.

 To induce a worker already employed to transfer to quit his current employment in order to
offer him to another except when this is done to liberate a worker from oppressive terms and
conditions of employment. For example if Juan asked Jane to quit her call center job to transfer to
another BPO company, then that would be considered as illegal recruitment.

 To influence a person or entity not to hire a person who did not apply through his
employment agency. Thus, if Pedro said to ABC Company that they should not hire Maria for her
failure to use the services of Pedro’s employment agency, then that act would be considered as
illegal recruitment.

 To engage in recruitment of workers in jobs harmful to the public health or to the morality of
the dignity of the Philippines. For example, if Berto is engaged in hiring young provincial ladies to
work as prostitutes in the Middle East, then this will be deemed as illegal recruitment because the
employment is harmful to the dignity of the Philippines.

 To obstruct inspection by the Secretary of DOLE or his duly authorized representative.

 To fail to submit reports on the status of employment, placement vacancies, remittances of

foreign exchange earnings, separations from jobs, departures or such other matters as may be
required by the Secretary of DOLE.

 To substitute or alter to the prejudice of worker, employment contracts approved and

verified by the DOLE, when it is done without the approval of the latter.

 For an officer or agent of a recruitment or a placement agency to be an officer or member of

the Board of Directors of a company involved in the travel agency business or to engage directly or
indirectly in a the management of a travel agency.
 To withhold or deny travel documents of a worker before departure for monetary reasons
other than those allowed by the Labor Code or its implementing rules and regulations.

 Failure to deploy without valid reasons as determined by the DOLE. Thus, if XYZ recruitment
agency fails to deploy Ana to Japan without any valid reason, then XYZ will be deemed to have
committed illegal recruitment.

 Failure to reimburse the workers in connection with his documentation and processing for
purposes of deployment in cases when the deployment did not push trough.

When is illegal recruitment deemed committed by a syndicate?

It is deemed committed by a syndicate when committed by three (3) or more persons.

When is illegal recruitment deemed committed in large scale?

It is deemed committed in large scale if committed against three (3) or more persons
individually or as a group.

When is illegal recruitment deemed an economic sabotage?

It is deemed as an economic sabotage when committed by a syndicate or in large scale as

defined above.

What are the penalties for illegal recruitment?

When NOT considered as an economic sabotage:

 imprisonment of not less than 6 years and 1 day but not more than 12 years and a fine of
not less than Php200,000 nor more than Php500,000

When considered as an economic sabotage:

 life imprisonment and a fine of not less than Php500,000 but shall not be more than
Php1,000,000.

When is the maximum penalty imposed?

 when the person illegally recruited is less than 18 years of age or committed by a non-
licensee or non-holder of authority
Employers Should Not Keep Passports of their
Employees – Qatar Law
OFWs usually travel to Qatar and look for a long-term job. Most of these expatriates are not
aware of how the law works or some are not familiar with how the system is set in place.

Most employers here in Qatar ask for their employee’s passport for safekeeping, they say that
it’s normal for the boss to ask for their worker’s passport. It serves as an assurance for them to
make sure that they hire someone who does not leave the country without their permission.
Some expatriates do not comply with this kind of terms, it’s just too important for them to
surrender their passport because they need it for travelling purposes. Worry not, because it is a
violation of Qatar law to keep the passports of employees.

“The Law 4/2009 regulates the entry, exit and residency of the country’s foreign workers
(expatriates) and it gives adequate protection to the foreigners and guarantees their right to
keep passports in their possession,” legal activist and Migrant Asia regional co-ordinator Nizar
Kochery.

“Violation of the law could amount to a penalty of not less than QR10,000 to the sponsor or his
representative for every passports that he keeps in his illegal custody,” said the consultant,
adding Article 52 of Law 4/2009 has provisions for imposing fine on sponsors for the violations
pertaining to the employees’ passports.

We could understand why employers from Qatar would ask for a passport because there are
OFWs who go back to the Philippines even the though contract is not yet completed. This will
depend on the contract between employer and employee, it will be a mutual agreement
between both parties if the passport is to be surrendered, keep in mind that you are not
obliged as what the law says.

PRESIDENTIAL DECREE NO. 2018 

PRESIDENTIAL DECREE NO. 2018 - FURTHER AMENDING ARTICLES 38 AND 39

OF THE LABOR CODE BY MAKING ILLEGAL RECRUITMENT A CRIME OF
ECONOMIC SABOTAGE AND PUNISHABLE WITH LIFE IMPRISONMENT
 
chanroblesvirtualawlibrary
WHEREAS, despite existing provisions of law and the continuing efforts to
eliminate them, illegal recruiters, have continued to proliferate and victimize
unwary workers; chanroblesvirtualawlibrary

WHEREAS, illegal recruiters have defrauded and caused untold sufferings to

thousands of Filipino workers and their families; chanroblesvirtualawlibrary

WHEREAS, experience shows that because of light penalties, illegal recruiters

have become more callous and bolder in their modus operandi and usually
carry out their activities as syndicates or in large scale; chanroblesvirtualawlibrary

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the

Philippines, by virtue of the powers vested in me by the Constitution, do hereby
order:cralaw

Section 1.    Articles 38 and 39 of Presidential Decree No. 442, as amended,

otherwise known as the Labor Code of the Philippines, is hereby further
amended to read as follows: cralaw

"Art. 38.    Illegal Recruitment. — (a) Any recruitment activities, including the
prohibited practices enumerated under Article 34 of this Code, to be undertaken
by non-licensees or non-holders of authority shall be deemed illegal and
punishable under Article 39 of this Code. The Ministry of Labor and Employment
or any law enforcement officers may initiate complaints under this Article. 

(b)    Illegal recruitment when committed by a syndicate or in large scale shall

be considered an offense involving economic sabotage and shall be penalized in
accordance with Article 39 hereof. chanroblesvirtualawlibrary

Illegal recruitment is deemed committed by a syndicate if carried out by a

group of three (3) or more persons conspiring and/or confederating with one
another in carrying out any unlawful or illegal transaction, enterprise or scheme
defined under this first paragraph hereof. Illegal recruitment is deemed
committed in large scale if committed against three (3) or more persons
individually or as a group.