Coercive, unfair or deceptive recruitment Economic sanctions Group or joint liability
Section 15 delineates the responsibilities for the repatriation of workers after their term of employment ends. Such responsibilities fall on the recruitment agency abroad and/or the principal (the employer), unless the termination of employment is exclusively the worker’s fault. In cases of war, natural disaster, and similar instances, the Overseas Workers Welfare Administration (OWWA) will take care of the repatriation of workers. To that end, this law establishes an emergency repatriation fund to be administered by OWWA.
Section 15. Repatriation of Workers; Emergency Repatriation Fund.
The repatriation of the worker 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. Likewise, the repatriation of remains and transport of the personal belongings of a deceased worker and all costs attendant thereto shall be borne by the principal and/or local agency. However, in cases where the termination of employment is due solely to the fault of the worker, the principal/employer or agency shall not in any manner be responsible for the repatriation of the former and/or his belongings.
The Overseas Workers Welfare Administration (OWWA), in coordination ith appropriate international agencies, shall undertake the repatriation of workers in cases of war, epidemic, disasters or calamities, natural or man-made, and other similar events without prejudice to reimbursement by the responsible principal or agency. However, in cases where the principal or recruitment agency cannot be identified, all costs attendant to repatriation shall be borne by the OWWA.
For this purposes, there is hereby created and established an emergency repatriation fund under the administration control and supervision of the OWWA, initially to consist of one hundred million pesos (P100,000,000.00), inclusive of outstanding balances.
Law / Philippines / Migrant Workers and Overseas Filipinos Act of 1995 (as Amended by Republic Act No. 10022)
This Act provides comprehensive measures for the increased protection of Filipino migrant workers. “Migrant worker” (as defined by Section 3 (a)) refers to a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a state of which he or she is not a legal resident (the term is used interchangeably with overseas Filipino worker (OFW)).
The Act was enacted primarily to address fraudulent recruitment practices. Part II defines and sets forth penalties for the illegal recruitment of Filipinos for work overseas, and stipulates severe penalties of imprisonment and fines. The Act also institutes joint and several liability of the principal/employer and the recruitment agency for any monetary claims arising out of an employment relationship or by virtue of any law or contract involving Filipino workers for overseas deployment, including claims for damages.
The Act seeks to protect migrant workers by providing that OFWs shall only be deployed to countries where their rights are sufficiently protected. The act also introduces a process of terminating or banning deployment of Filipinos to countries that do not have an adequate standard protecting the human, labor, and social rights of migrant workers.
This Act also ensures free access to justice and legal assistance for OFWs, and sets the role of government agencies in promoting the welfare and rights of migrant workers.