Article 4Labor and Agrarian Laws and Social Legislation, p. 4

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

them shall be encouraged. Appropriate incentives may

be extended to them.

SECTION 3. Definitions . — For purposes of this Act:

(a)"Overseas Filipino worker" 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

citizen or on board a vessel navigating the foreign seas

other

than

a government ship used for military or

non-commercial purposes or on an installation located

offshore or on the high seas; to be used interchangeably

with migrant worker. (As amended by RA No 10022,

[March 8, 2010])

(b)" Gender-sensitivity " shall mean cognizance of the

inequalities and inequities prevalent in society between

women and men and a commitment to address issues

with concern for the respective interests of the sexes.

(c)" Overseas

Filipinos "

refers

to

dependents

of

migrant workers and other Filipino nationals abroad who

are in distress as mentioned in Sections 24 and 26 of this

Act.

I. Deployment

SECTION 4. Deployment of Migrant Workers . — The

State shall allow the deployment of overseas Filipino

workers only in countries where the rights of Filipino

migrant

workers

are

protected.

The

government

recognizes any of the following as a guarantee on the

part of the receiving country for the protection of the

rights of overseas Filipino workers:

(a) It has existing labor and social laws protecting the

rights of workers, including migrant workers;

(b) It is a signatory to and/or a ratifier of multilateral

conventions, declarations or resolutions relating to the

protection of workers, including migrant workers; and

(c)

It

has

concluded

a

bilateral

agreement

or

arrangement with the government on the protection of

the rights of overseas Filipino Workers:

Provided, That the receiving country is taking positive,

concrete measures to protect the rights of migrant

workers in furtherance of any of the guarantees under

subparagraphs (a), (b) and (c) hereof.

In the absence of a clear showing that any of the

aforementioned

guarantees

exists

in the country of

destination

of

the

migrant

workers,

no

permit

for

deployment shall be issued by the Philippine Overseas

Employment Administration (POEA).

The members of the POEA Governing Board who

actually

voted

in

favor

of

an

order

allowing

the

deployment

of migrant workers without any of the

aforementioned guarantees shall suffer the penalties of

removal or dismissal from service with disqualification to

hold any appointive public office for five (5) years. Further,

the government official or employee responsible for the

issuance of the permit or for allowing the deployment of

migrant workers in violation of this section and in direct

contravention of an order by the POEA Governing Board

prohibiting

deployment

shall

be

meted

the

same

penalties in this section.

For this purpose, the Department of Foreign Affairs,

through its foreign posts, shall issue a certification to the

POEA, specifying therein the pertinent provisions of the

receiving

country's

labor/social

law,

or

the

convention/declaration/resolution,

or

the

bilateral

agreement/arrangement

which

protect

the rights of

migrant workers.

The State shall also allow the deployment of overseas

Filipino workers to vessels navigating the foreign seas or

to installations located offshore or on high seas whose

owners/employers are compliant with international laws

and standards that protect the rights of migrant workers.

The State shall likewise allow the deployment of

overseas Filipino workers to companies and contractors

with international operations: Provided, That they are

compliant with standards, conditions and requirements,

as embodied in the employment contracts prescribed by

the

POEA

and

in

accordance

with

internationally-accepted standards. (As amended by RA

No 10022, [March 8, 2010])

SECTION 5. Termination or Ban on Deployment . —

Notwithstanding the provisions of Section 4 hereof, in

pursuit of the national interest or when public welfare so

requires, the POEA Governing Board, after consultation

with the Department of Foreign Affairs, may, at any time,

terminate or impose a ban on the deployment of migrant

workers. (As amended by RA No 10022, [March 8, 2010])

II. Illegal Recruitment

SECTION 6. Definition . — For purposes of this Act,

illegal recruitment shall mean any act of canvassing,

enlisting, contracting, transporting, utilizing, hiring, or

procuring

workers

and

includes

referring,

contract

services,

promising

or

advertising

for

employment

abroad, whether for profit or not, when undertaken by a

non-licensee or non-holder of authority contemplated

under Article 13(f) of Presidential Decree No. 442 , as

amended, otherwise known as the Labor Code of the

Philippines : Provided, That any such non-licensee or

non-holder who, in any manner, offers or promises for a

fee employment abroad to two or more persons shall be

deemed

so

engaged.

It

shall

likewise

include

the

following

acts,

whether

committed

by

any

person,

whether a non-licensee, non-holder, licensee or holder of

authority:

(a) To charge or accept directly or indirectly any

amount greater than that specified in the schedule of

allowable fees prescribed by the Secretary of Labor and

Employment, or to make a worker pay or acknowledge

any amount greater than that actually received by him as

a loan or advance;

(b)

To

furnish

or

publish

any

false

notice

or

information or document in relation to recruitment or

employment;

(c) To give any false notice, testimony, information or

document or commit any act of misrepresentation for the

purpose of securing a license or authority under the

Labor Code , or for the purpose of documenting hired

workers

with

the

POEA,

which

include

the

act

of

reprocessing workers through a job order that pertains to

nonexistent work, work different from the actual overseas

work,

or

work

with

a

different

employer

whether

registered or not with the POEA;

(d) To induce or attempt to induce a worker already

employed to quit his employment in order to offer him

another unless the transfer is designed to liberate a

worker

from

oppressive

terms

and

conditions

of

employment;

(e) To influence or attempt to influence any person or

entity not to employ any worker who has not applied for

employment through his agency or who has formed,

joined or supported, or has contacted or is supported by

any union or workers' organization;

(f) To engage in the recruitment or placement of

workers in jobs harmful to public health or morality or to

the dignity of the Republic of the Philippines;

(g) To obstruct or attempt to obstruct inspection by

the Secretary of Labor and Employment or by his duly

authorized representative;

(h)

To

fail

to

submit

reports

on

the

status

of

employment, placement vacancies, remittance of foreign

exchange earnings, separation from jobs, departures and

such other matters or information as may be required by

the Secretary of Labor and Employment;

(i) To substitute or alter to the prejudice of the worker,

employment contracts approved and verified by the

Department of Labor and Employment from the time of

actual signing thereof by the parties up to and including

the period of the expiration of the same without the

approval of the Department of Labor and Employment;

© Compiled By RGL

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