UNGOS

PAGES 148-164

Dotimas, Christopher Jan

4JD-A​
TOPICS
 Overseas Filipino Workers
 Period of deployment
 ​Mandatory Remittances
 Repatriation
 Remedy for Aggrieved OFWs
 Employment of Non-Resident Aliens
WHO IS AN OVERSEAS
FILIPINO WORKER?

Overseas Filipino Worker (OFW) is a term

often used to refer to Filipino migrant
workers, people with Filipino citizenship
who reside in another country for a limited
period of employment. 
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AN OFW MAY EITHER BE

MARITIME BASED or LAND BASED

 5
WHETHER DIRECT HIRING FOR
OVERSEAS EMPLOYMENT ALLOWED?

NO. FOREIGN EMPLOYERS

CANNOT DIRECTLY HIRE FILIPINO
WORKERS FOR OVERSEAS
EMPLOYMENT.

RATIO: The rights of the employee will not be protected.

 6

IS THERE A MINIMUM AGE FOR OVERSEAS

EMPLOYMENT?

YES. The minimum age for employment of

OFW is 18 years old. Agencies recruiting
underage workers will have their license
automatically revoked and is fined. The
minor shall likewise be entitled to any
relief available to them.
 WHAT ARE THE FEES THAT
AGENCIES MAY COLLECT?

MARITIME OFWS LAND-BASED OFWS

 NO FEE SHALL BE COLLECTED • PLACEMENT FEE EQUIVALENT TO

ONE MONTH SALARY
• DOCUMENTATION EXPENSES

NOTE: THE SERVICE FEE FOR PLACEMENT OF WORKERS, VISA FEES,

AIRFARE, POEA PROCESSING FEE, OWWA MEMBERSHIP AND INSURANCE
PREMIUM ARE NOT CHARGEABLE TO THE WORKER
.
WHEN TO COLLECT
ALLOWABLE FEES?

The allowable fees can only be collected

when the worker has obtained employment
through the efforts of the recruitment
agency, or if the worker has actually
commenced employment.
DEPLOYMENT OF OFWS
 10

“ OVERSEAS FILIPINO WORKERS

CAN BE DEPLOYED ONLY IN
COUNTRIES WHERE THE RIGHTS
OF MIGRANT WORKERS ARE
PROTECTED.
”
 11

MIGRANT WORKERS ARE PROTECTED IF

THE RECEIVING COUNTRY IS:

HAS EXISTING LABOR HAS A BILATERAL A SIGNATORY TO OR A

AND SOCIAL LAWS AGREEMENT WITH THE RATIFIER OF MULTILATERAL
PROTECTING THE PHILIPPINES ON THE CONVENTION,
DECLARATIONS, OR
RIGHTS OF MIGRANT PROTECTION OF THE
RESOLUTIONS RELATING TO
WORKERS RIGHTS OF OFWS THE PROTECTION OF
WORKERS AND MIGRANT
WORKERS
• VP Product
PERIOD TO DEPLOY
 13

“ WORKERS OR SEAFARERS SHOULD

BE DEPLOYED WITHIN 60 DAYS
FROM THE DATE OF ISSUANCE OF
THE OVERSEAS EMPLOYMENT

”
CERTIFICATE.
Presentation title 14

FAILURE TO DEPLOY MAY RESULT IN:

IMPOSITION OF REIMBURSEMENT OF THE REPORTING THE MATTER

SANCTIONS RANGING RECRUITMENT AGENCY OF TO THE POEA IF THE
FROM REPRIMAND TO ALL THE DOCUMENTATION DEPLOYMENT DID NOT
CANCELLATION OF AND PROCESSING MATERIALIZE AND APPLY
LICENSE EXPENSES INCURRED BY FOR THE CANCELLATION
THE WORKER/SEAFARER OF THE WORKER’S
PROCESSED DOCUMENTS
(WITHOUT THE FAULT OF
THE WORKER) (WITH THE FAULT OF THE
WORKER)
 15

PRE-DEPARTURE ORIENTATION SEMINAR

Prior to departure for overseas work, the recruitment

agency should conduct a pre-departure orientation
seminar to its newly hired workers, the purpose of
which is to enable the workers to familiarize themselves
about the host country, their jobsite, their obligations as
workers, and the terms and conditions of their
employment.

NOTE: Failure to provide PDOS is a ground for suspension

of license.
MANDATORY REMITTANCE
All Filipino Workers abroad are mandated to
remit a portion of their foreign exchange
earnings to their families, dependent and/or
beneficiaries in the country in accordance with
the rules and regulations prescribed by the
secretary of labor.
Presentation title 17

PERCENTAGE OF REMITTANCES

80% 70% 50%

• Seamen • Workers of Filipino • Professionals who do not
contractors and enjoy free board and
Construction Companies lodging;
• Doctors, Engineers, • Domestic and other service
Teachers, Nurses; and workers
other professionals who • Other workers not falling
enjoy free board and under any categories.
lodging
Presentation title 18

IS THE RULE ON MANDATORY

REMITTANCES ABSOLUTE?
No, the following are exempted from the remittance requirement:

a. Immigrants
b. Workers whose immediate family members, or dependents are residing
with him abroad
c. Filipino service men working in U.S. military installations
d. Filipino employees working with the United Nations agencies or
specialized body.
 REPATRIATION OF THE
OVERSEAS FILIPINO WORKERS
 20

“All cost attendant to repatriation shall be borne by or

charged to the agency concerned and/or its principal.
However, if the employment of the overseas worker is
terminated due to his fault, the principal/employer or
agency will not be responsible for the repatriation”

NOTE: IN CASE OF EMERGENCY, THE OVERSEAS WORKERS

WELFARE ADMINISTRATION (OWWA) SHALL UNDERTAKE THE
REPATRIATION OF WORKERS. THE COST OF REPATRIATION IS
SUBJECT TO REIMBURSEMENT BY THE AGENCY.
Presentation title 21

MANDATORY REPATRIATION OF
UNDERAGE MIGRANT WORKER
Upon discovery thereof, the responsible officers of the foreign service shall
without delay repatriate said workers and advice the Department of Foreign
Affairs through the fastest means of communication available of such discovery
and other information.
 REMEDY FOR AGGRIEVED
OVERSEAS FILIPINO WORKERS
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“OFWs who are illegally dismissed or not properly

compensated may file a complaint within 90 calendar
days for the illegal dismissal or money claims before
the Regional Arbitration Branch of NLRC, on its
original and exclusive jurisdiction to hear and decide
the case”
IF ILLEGALLY DISMISSED
The OFW are entitled to the payment of their salaries
for the unexpired portion of his employment contract
and full reimbursement of placement fee and the
deductions made, with interest of 12% per annum

NOTE: IN SERANNO CASE, THE CLAUSE “OR FOR 3 MONTHS FOR

EVERY YEAR OF THE UNEXPIRED TERM, WHICHEVER IS LESS”
HAS BEEN DECLARED UNCONSTITUTIONAL
 25

IS RECRUITMENT AGENCIES JOINTLY AND

SEVERALLY LIABLE WITH THE EMPLOYERS?

Yes. Recruitment or manning agencies are jointly and

severally liable with the principal or employer for all
claims and liabilities which may arise from the
implementation of the employment contract. (Section
10)
NON-RESIDENT
ALIENS
Article 40-42
 BASIC REQUIREMENTS FOR THE
EMPLOYMENT OF NON-RESIDENT ALIENS
1. Alien Employment Permit from Department of Labor
2. Work Visa
3. Special Temporary Permit from PRC (Practice of Profession)
4. Authority to Employ Alien from DOJ

NOTE: #4 is necessary only if the non-resident alien will be employed in a wholly or partially
nationalized industry.
WHO ARE EXEMPTED FROM
THE AEP REQUIREMENT?
1. Members of the Diplomatic services
2. Foreign Government Officials accredited by and with reciprocity
arrangement with the PH Gov’t
3. Officers and staff of international organizations of which PH Gov’t
is a member
4. Owners and representatives of foreign principals whose companies
are accredited by the POEA
5. Foreign Nationals who comes to teach, present, or conduct
research studies in Universities and Colleges
6. Permanent Resident Aliens or temporary resident visa holder
7. All foreign nationals granted exemption by law.
HOW TO ACQUIRE AEP?
An application should be filed with the Regional Office of
the DOLE having jurisdiction over the intended place of
work. The application should be supported by the following
documents:
1. Photocopy of Passport with visa, or Certificate of
recognition for Refugees or Stateless Persons
2. Original Copy of Employment
3. Photocopy of Mayor’s permit to operate business
4. Copy of employer’s understudy training program
 30

VALIDITY OF THE ALIEN EMPLOYMENT

PERMIT

The AEP is valid one (1) year, unless the

employment contract or other modes of
engagement provides otherwise, which in
no case shall exceed five (5) years.
WHAT IF THE NRA WORKS
WITHOUT A VALID AEP?

He will be sanctioned with fine or imprisonment

under Article 303 of the labor code, and be deported
after service of sentence.
 MAY THE ALIEN TRANSFER TO ANOTHER
JOB OR EMPLOYER?
No, the alien who has been issued an employment permit cannot transfer to
another job or change his employer without prior approval of the Secretary of
Labor and Employment.

EFFECTS: It is as if the Alien has no valid AEP. Thus, they

may not seek protection under our Labor Laws.
MAY THE AEP BE CANCELLED?
YES. It may be cancelled in the following instances:

1. If the alien submitted falsified documents in support of his

application for the AEP
2. If there is meritorious objection or information against the
alien, such as conviction of a crime, or being a fugitive from
justice
3. Termination of Employment
 34

“The complaints for cancellation of Alien

Employment Permit should be filed with the DOLE
Regional Office. An Order cancelling the employment
permit may be appealed to the Secretary of Labor and
Employment within then (10) days from its receipts.”
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THANK YOU VERY

MUCH FOR NOT
SLEEPING 