Article 13Labor and Agrarian Laws and Social Legislation, p. 13

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

satisfy the amount adjudged or agreed upon, it is liable to

pay the balance thereof;

(4) In case the insurance company fails to make

payment within ten (10) days from the filing of the claim,

the recruitment/manning agency shall pay the amount

adjudged or agreed upon within the remaining days of

the

thirty

(30)-day

period,

as

provided

in

the

first

subparagraph hereof;

(5) If the worker's claim was not settled within the

aforesaid thirty (30)-day period, the recruitment/manning

agency's performance bond or escrow deposit shall be

forthwith garnished to satisfy the migrant worker's claim;

(6) The provision of compulsory worker's insurance

under this section shall not affect the joint and solidary

liability

of

the

foreign

employer

and

the

recruitment/manning agency under Section 10;

(7) Lawyers for the insurance companies, unless the

latter is impleaded, shall be prohibited to appear before

the NLRC in money claims cases under this section.

Any question or dispute in the enforcement of any

insurance

policy

issued

under

this

section

shall be

brought before the IC for mediation or adjudication.

In case it is shown by substantial evidence before the

POEA that the migrant worker who was deployed by a

licensed recruitment/manning agency has paid for the

premium or the cost of the insurance coverage or that

the said insurance coverage was used as basis by the

recruitment/manning agency to claim any additional fee

from

the

migrant

worker,

the

said

licensed

recruitment/manning agency shall lose its license and all

its directors, partners, proprietors, officers and employees

shall be perpetually disqualified from engaging in the

business of recruitment of overseas workers. Such penalty

is without prejudice to any other liability which such

persons may have incurred under existing laws, rules or

regulations.

For migrant workers recruited by the POEA on a

government-to-government

arrangement,

the

POEA

shall establish a foreign employers guarantee fund which

shall be answerable to the workers' monetary claims

arising

from

breach

of

contractual

obligations.

For

migrant workers classified as rehires, name hires or direct

hires, they may opt to be covered by this insurance

coverage by requesting their foreign employers to pay for

the cost of the insurance coverage or they may pay for

the premium themselves. To protect the rights of these

workers, the Department of Labor and Employment and

the POEA shall provide them adequate legal assistance,

including conciliation and mediation services, whether at

home or abroad.

At the end of every year, the Department of Labor

and

Employment

and

the IC shall jointly make an

assessment of the performance of all insurance providers,

based upon the report of the NLRC and the POEA on

their respective interactions and experiences with the

insurance companies, and they shall have the authority to

ban or blacklist such insurance companies which are

known to be evasive or not responsive to the legitimate

claims of migrant workers. The Department of Labor and

Employment

shall

include

such

assessment

in

its

year-end report to Congress.

For purposes of this section, the Department of Labor

and Employment, IC, NLRC and the POEA, in consultation

with the recruitment/manning agencies and legitimate

non-government organizations advocating the rights and

welfare of overseas Filipino workers, shall formulate the

necessary implementing rules and regulations.

The foregoing provisions on compulsory insurance

coverage shall be subject to automatic review through

the

Congressional

Oversight Committee immediately

after three (3) years from the effectivity of this Act in order

to determine its efficacy in favor of the covered overseas

Filipino

workers

and

the

compliance

by

recruitment/manning

agencies

and

insurance

companies, without prejudice to an earlier review if

necessary and warranted for the purpose of modifying,

amending and/or repealing these subject provisions. (As

amended by RA No 10022, [March 8, 2010])

SECTION

37-B.

Congressional

Oversight

Committee.

—

There

is

hereby

created

a

Joint

Congressional Oversight Committee composed of five (5)

Senators and five (5) Representatives to be appointed by

the Senate President and the Speaker of the House of

Representatives, respectively. The Oversight Committee

shall be co-chaired by the chairpersons of the Senate

Committee on Labor and Employment and the House of

Representatives Committee on Overseas Workers Affairs.

The Oversight Committee shall have the following duties

and functions:

(a) To set the guidelines and overall framework to

monitor

and

ensure

the

proper

implementation

of

Republic

Act No. 8042, as amended, as well as all

programs,

projects and activities related to overseas

employment;

(b)

To

ensure

transparency

and

require

the

submission

of

reports

from

concerned

government

agencies on the conduct of programs, projects and

policies relating to the implementation of Republic Act

No. 8042, as amended;

(c) To approve the budget for the programs of the

Oversight Committee and all disbursements therefrom,

including compensation of all personnel;

(d) To submit periodic reports to the President of the

Philippines and Congress on the implementation of the

provisions of Republic Act No. 8042, as amended;

(e)

To

determine

weaknesses

in

the

law

and

recommend

the

necessary

remedial

legislation

or

executive measures; and

(f)

To

perform

such other duties, functions and

responsibilities

as

may

be

necessary

to

attain

its

objectives.

The Oversight Committee shall adopt its internal

rules

of

procedure,

conduct

hearings

and

receive

testimonies,

reports,

and

technical

advice,

invite

or

summon

by

subpoena ad testificandum any public

official or private citizen to testify before it, or require any

person by subpoena duces tecum documents or other

materials as it may require consistent with the provisions

of Republic Act No. 8042, as amended.

The Oversight Committee shall organize its staff and

technical panel, and appoint such personnel, whether on

secondment

from

the

Senate

and

the

House

of

Representatives

or

on

temporary, contractual, or on

consultancy, and determine their compensation subject

to applicable civil service laws, rules and regulations with

a view to ensuring a competent and efficient secretariat.

The members of the Oversight Committee shall not

receive

additional

compensation,

allowances

or

emoluments

for

services

rendered

thereto

except

traveling, extraordinary and other necessary expenses to

attain its goals and objectives.

The Oversight Committee shall exist for a period of

ten (10) years from the effectivity of this Act and may be

extended by a joint concurrent resolution. (As amended

by RA No 10022, [March 8, 2010])

SECTION 38. Appropriation and Other Sources of

Funding . — The amount necessary to carry out the

provisions of this Act shall be provided for in the General

Appropriations Act of the year following its enactment

into law and thereafter.

SECTION 39. Migrant Workers Day . — The day of

signing by the President of this Act shall be designated as

the

Migrant

Workers

Day

and

shall

henceforth

be

commemorated as such annually.

SECTION 40. Implementing Rules and Regulations .

— The departments and agencies charged with carrying

out the provisions of this Act shall, within ninety (90) days

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