Article 3Labor and Agrarian Laws and Social Legislation, p. 3

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

Labor Laws and Social

Legislation

I.

Labor Laws Related to

Pre-employment

DO No 141-14 Revised Rules and Regulations

Governing Recruitment and Placement for Local

Employment

DO No 146-15 Revised Rules for the Issuance of

Employment Permits to Foreign Nationals

DO No 186-17 Revised Rules for the Issuance of

Employment Permits to Foreign Nationals

POEA Rules and Regulations Governing the

Recruitment and Employment of Land-Based

Overseas Workers

2016 Revised POEA Rules and Regulations

Governing the Recruitment and Employment of

Land-Based Overseas Workers

2016 Revised POEA Rules and Regulations Governing

the Recruitment and Employment of Seafarers

RA No 8042 | Migrant Workers and

Overseas Filipinos Act of 1995

As amended by RA Nos 9422, and 10022

June 7, 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

Omnibus Rules and Regulations Implementing the

Migrant Workers and Overseas Filipino Act of 1995,

IRR-RA 8042, [February 29, 1996]

Insurance Guidelines on Rule XVI of the Omnibus Rules

and Regulations Implementing Republic Act 8042

(The Migrant Workers and Overseas Filipinos Act of

1995), as Amended by Republic Act 10022 Relative to

Compulsory Insurance Coverage for Agency-Hired

Overseas Filipino Workers, [September 8, 2010]

Omnibus Rules and Regulations Implementing the

Migrant Workers and Overseas Filipinos Act of 1995,

as Amended by Republic Act No. 10022, [July 8,

2010])

SECTION 1. Short Title . — This Act shall be known

and cited as the "Migrant Workers and Overseas Filipinos

Act of 1995."

SECTION 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,

continuously

monitor international conventions, adopt/be signatory to

and ratify those that guarantee protection to our migrant

workers, and endeavor to enter into bilateral agreements

with countries hosting overseas Filipino workers. (As

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

(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 citizen 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

person 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,

whether

regular/documented

or

irregular/undocumented, are adequately protected and

safeguarded. (As amended by RA No 10022, [March 8,

2010])

(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 most effective tool

for empowerment is the possession of skills by migrant

workers. The government shall provide them free and

accessible

skills

development

and

enhancement

programs. Pursuant to this and as soon as practicable, the

government shall deploy and/or allow the deployment

only of skilled Filipino workers. (As amended by RA No

10022, [March 8, 2010])

(h)

The

State

recognizes

non-governmental

organizations,

trade

unions,

workers

associations,

stakeholders and other similar entities 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. The significant contribution of

recruitment and manning agencies shall form part of this

partnership. (As amended by RA No 10022, [March 8,

2010])

(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

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