Agrarian Law & Social Legislation | POEA, ECC, OWWA

The Department of Labor and Employment (DOLE) is the national government agency
mandated to look after the welfare of workers both here and abroad.

From being a small bureau in 1908, it has become a department on December 8, 1933 via
Republic Act 4121

By virtue of its charter and existing mandate, DOLE formulates policies, implements programs,
and serve as the policy-coordinating arm of the Executive Branch in the field of labor and
employment.

Under DOLE are attached agencies with specific focus so that assistance from the government,
delivery of social services, and the advancement of OFW’s welfare are ensured:
Institute for Labor Studies
National Conciliation and Mediation Board
National Labor Relations Commission
National Maritime Polytechnic
National Wages and Productivity Commission
Overseas Workers Welfare Administration
Philippine Overseas Employment Administration
Professional Regulation Commission
Employees’ Compensation Commission
Occupational Safety and Health Center
Technical Education and Skills Development Authority

For the purpose of this report, we will focus on three attached agencies of DOLE: POEA, ECC,
and OWWA.

PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION

The so-called “Modern Heroes”

The choice presented to you whether to work in your entire career in your mother land or to
work abroad is indeed pivotal for the sacrifices you will have to bear on. All in the name of the
Good life, either way, the consequences would make a difference in our pursuit for a greener
Pasteur. But for those so called Modern Heroes who opted to work abroad, more often than not,
it is really a tremendous sacrifice on their part.

News about the horrible abuses suffered by our Filipino workers especially the domestic
workers from the hands of their employers seemingly the worst bargain that a Filipino migrant
has to endure in order to provide a better life for his family in the Philippines. This
notwithstanding that the Philippines is a third world country, it has not turned a blind eye to
protect the fundamental rights of our Filipino migrant workers. It has purged to craft a law that
would ensure that it will protect our so called Modern Heroes.

Creation of POEA
The Philippine Overseas Employment Administration is an attached agency in Government
which was created by Executive Order No. 797. The purpose of the agency is to monitor and
supervise overseas recruitment and manning agencies in the Philippines. On December 30,
2021, President Rodrigo Duterte signed the law on RA 11641 which elevated the status of
POEA as an executive department and now called Department of Migrant Workers.

Important functions under POEA: Employment Facilitation;

 Accredits/registers foreign principals and employers hiring Filipino workers;
 Approves manpower request of foreign principals and employers;
 Assists departing workers at the ports of exit;
 Conducts marketing mission;
 Develops and Monitors markets and conducts market research;
 Enters into a memorandum understanding on the hiring of Filipino workers with labor
receiving workers;
 Evaluates and processes employment contracts;

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 Agrarian Law & Social Legislation | POEA, ECC, OWWA

 Facilitates the deployment of workers hired through government to government

arrangements;
 Provides a system worker’s registry.

Jurisdiction under POEA now DMW

Hears and arbitrates complaints and cases filed against recruitment and manning agencies,
foreign principals and employers, and overseas workers for reported violation of POEA rules
and regulations except for money claims

CASE: Eastern Mediterranean Maritime Ltd. and Agemar Manning Agency, Inc. vs. Estanislao
Surio, et.al. docketed as G.R. No. 154213

Issue: whether or not the NLRC has appellate jurisdiction over POEA decision

Ruling:
The Court ruled that NLRC had no appellate jurisdiction to review the POEA’s decision in
disciplinary cases involving overseas contract workers. Suffice it to say that the appellate
jurisdiction belonged to the Secretary of Labor in accordance with his power of supervision and
control under the Revised Administrative Code of 1987.

POEA RULES AND REGULATIONS GOVERNING THE RECRUITMENT AND

EMPLOYMENT OF LAND-BASED OVERSEAS WORKERS (February 4, 2002)

What is the policy of the state?

To uphold the dignity and fundamental human rights of Filipino migrant workers and promote full
employment and equality of employment opportunities for all;

Who are allowed to recruit and the requirements under the law?

Qualifications and Disqualifications

Only those who possess the following qualifications may be permitted to engage in the business
of recruitment and placement of Filipino workers:

a. Filipino citizens, partnerships or corporations at least seventy five percent (75%) of the
authorized capital stock of which is owned and controlled by Filipino citizens;

b. A minimum capitalization of Two Million Pesos (P2,000,000.00) in case of a single

proprietorship or partnership and a minimum paid-up capital of Two Million Pesos
(P2,000,000.00) in case of a corporation; Provided that those with existing licenses shall, within
four years from effectivity hereof, increase their capitalization or paid up capital, as the case
may be, to Two Million Pesos (P2,000,000.00) at the rate of Two Hundred Fifty Thousand
Pesos (P250,000.00) every year.

c. Those not otherwise disqualified by law or other government regulations to engage in the
recruitment and placement of workers for overseas employment. (Section 1, Rule I, Part II,
Ibid.).

SECTION 2. Disqualification. — The following are not qualified to engage in the business of
recruitment and placement of Filipino workers overseas:

a. Travel agencies and sales agencies of airline companies;

b. Officers or members of the Board of any corporation or members in a partnership engaged

in the business of a travel agency;

c. Corporations and partnerships, when any of its officers, members of the board or partners,
is also an officer, member of the board or partner of a corporation or partnership engaged in the
business of a travel agency;

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 Agrarian Law & Social Legislation | POEA, ECC, OWWA

d. Persons, partnerships or corporations which have derogatory records, such as but not
limited to the following;
1) Those certified to have derogatory record or information by the National Bureau of
Investigation or by the Anti-Illegal Recruitment Branch of the POEA;

2) Those against whom probable cause or prima facie finding of guilt for illegal recruitment or
other related cases exists;

3) Those convicted for illegal recruitment or other related cases and/or crimes involving moral
turpitude; and

4) Those agencies whose licenses have been previously revoked or cancelled by the
Administration for violation of RA 8042, PD 442 as amended and their implementing rules and
regulations as well as these rules and regulations.

All applicants for issuance/renewal of license shall be required to submit clearances from the
National Bureau of Investigation and Anti-Illegal Recruitment Branch, POEA, including
clearances for their respective officers and employees.

e. Any official or employee of the DOLE, POEA, OWWA, DFA and other government agencies
directly involved in the implementation of R.A. 8042, otherwise known as Migrant Workers and
Overseas Filipino Act of 1995 and/or any of his/her relatives within the fourth civil degree of
consanguinity or affinity; and

f. Persons or partners, officers and Directors of corporations whose licenses have been
previously cancelled or revoked for violation of recruitment laws. (Section 2, Rule I, Part II,
Ibid.).

Summary

The duty of the state under the Bill of Rights is to ensure that its citizens are protected with their
life, liberty and property. POEA who is the implementing agency to ensure that it would secure
the best possible contract for our so called Modern Heroes. Indeed, there is a wisdom behind
why the State is so adamant to make sure that contracts obtained by Filipino Workers must be
in compliance with labor standards or POEA. After all, it is the best interest of the Filipino
Workers which is the paramount consideration of this law.

EMPLOYEES’ COMPENSATION COMMISSION

The Employees’ Compensation Commission or ECC is a government corporation created by

virtue of Presidential Decree No. 626 on December 27, 1974. It is amended and embodied in
Title II of Book IV on the Employees’ Compensation and State Insurance Fund of the Labor
Code of the Philippines. ECC became fully operational on March 17 of 1975 and is mandated
to provide meaningful and appropriate compensation to workers and their dependents in cases
of work-related problems such as sickness, injury, disability, or death.
The Employees’ Compensation Commission is a quasi-judicial corporate entity attached to the
Department of Labor and Employment for policy coordination and guidance. The Commission
as an appellate body, decides on cases that are denied by the GSIS and SSS which are
elevated to the commission for resolution.

EMPLOYEES’ COMPENSATION PROGRAM

The Employees’ Compensation Commission created and promulgated the Employee’s

Compensation Program or ECP which is designed to provide a compensation package to public
and private employees or their dependent in the event of work-related sickness, injury, or death.
The objective of the program is to provide meaningful and appropriate compensation package to
employees in cases of work-related contingencies. The program also formulates policies and
guidelines to further improve the program to promote the welfare of the employees.

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 Agrarian Law & Social Legislation | POEA, ECC, OWWA

COVERAGE OF THE PROGRAM

The Program shall cover the PRIVATE SECTOR WORKERS who are registered members of
the SSS except self-employed or voluntary members. It shall cover GOVERNMENT SECTOR
EMPLOYEES who are registered member of the GSIS.
The coverage of the program shall start on the first day of employment.

OVERSEAS WORKERS WELFARE ADMINISTRATION

The Overseas Workers Welfare Administration (OWWA) is a membership institution that seeks
to protect and promote the welfare of Overseas Filipino Workers (OFW) as well as their
dependents. Prior to its present name, the agency was identified as Welfare Training Fund for
Overseas Workers.

OWWA is focused and present in three stages of migration: pre-departure, on-site, and upon
arrival.

OWWA makes sure that an OFW is equipped with the realities of overseas work as well as
basic language training.

Outside the Philippines, OWWA assists OFWs about their concerns with their respective
employers. As soon as the OFW is back in the country, OWWA conducts livelihood training and
programs for a smooth transition towards domestic livelihood

Presently, OWWA is accessible in 31 overseas sites in 27 countries. Locally, it has offices

established in 17 regions.

What are the OWWA benefits?

1. Social Benefits (calamities, bereavement, medical problems, relief)

Disability and Dismemberment

- Maximum of Php100,000 insurance coverage for accident-related injuries
Death and Burial Benefits
- Natural cause of death: Phpp100,000 + Php20,000 burial
- Accidental cause of death: Php200,000 + Php20,000 burial
Supplemental Medical Assistance for OFWs
- For active OWWA and PhilHealth members; not exceeding Php50,000 per member
Welfare Assistance Program (WAP)
- Calamity Assistance
- Bereavement Assistance
- Medical Assistance
- Relief Assistance
2. Education and Training
- Pre-departure Education Program
- Seafarer’s Upgrading Program (SUP)
- Mariner’s Dugtong Aral (Bridging) Program
- Education for Development Scholarship Program (EDSP)
- OFW Dependent Scholarship Program (ODSP)
- Skills for Employment Scholarship Program (SESP)
- Educational Livelihood Assistance Program (ELAP)
- Special Projects (Project EASE and Tabang OFW)

3. Welfare Programs

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 Agrarian Law & Social Legislation | POEA, ECC, OWWA

- On-site assistance and services for OFWs at their job sites

- In-country assistance for OFWs and Families at the Home Front

4. Reintegration
- Reintegration Preparedness (on-site)
- Reintegration (in-country)
- Balik Pinas! Balik Hanapbuhay! Program (BPBHP)
- Overseas Filipino Workers – Enterprise Development Loan Program (OFW-EDLP)
- Tulong Pangkabuhayan sa Pag-unlad nh Samahang OFWs (Tulong PUSO)

5. Repatriation
- Airport assistance
- Temporary shelter at OWWA halfway home
- Psychosocial counselling
- Stress debriefing
- Transport Services to respective provinces

SOURCES:

https://www.dole.gov.ph
https://www.dmw.gov.ph/
https://www.chanrobles.com/poearulesgoverningoverseasemployment.htm
https://ecc.gov.ph/
https://icrs.gcg.gov.ph/profiles/ecc/?sector=Government%20Financial%20Institutions
%20Sector&keyword=
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/9668/68749/F702815690/PHL9668.pdf
https://owwa.gov.ph/
https://owwamember.com/ofw-owwa-programs/

Team Start Up: Raymund Lumantao | Najeb Matuan | Jessa Chrisna Marie Agua-Ylanan