Labor, Agrarian, and Social Legislation
Labor, Agrarian, and Social Legislation
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Primary Text
LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS
hundred million pesos (P100,000,000.00), inclusive of
outstanding balances.
SECTION 16. Mandatory Repatriation of Underage
Migrant Workers . — Upon discovery or being informed of
the presence of migrant workers whose actual ages fall
below
the
minimum
age
requirement
for
overseas
deployment,
the
responsible
officers
in
the
foreign
service shall without delay repatriate said workers and
advise the Department of Foreign Affairs through the
fastest
means
of
communication
available
of
such
discovery and other relevant information. The license of a
recruitment/manning
agency
which
recruited
or
deployed
an
underage
migrant
worker
shall
be
automatically revoked and shall be imposed a fine of not
less than Five hundred thousand pesos (Php500,000.00)
but not more than One million pesos (Php1,000,000.00).
All
fees
pertinent
to
the
processing
of
papers
or
documents in the recruitment or deployment shall be
refunded in full by the responsible recruitment/manning
agency, without need of notice, to the underage migrant
worker or to his parents or guardian. The refund shall be
independent of and in addition to the indemnification for
the damages sustained by the underage migrant worker.
The refund shall be paid within thirty (30) days from the
date of the mandatory repatriation as provided for in this
Act. (As amended by RA No 10022, [March 8, 2010])
SECTION
17.
Establishment
of
National
Reintegration Center for Overseas Filipino Workers. —
A
national
reintegration
center
for
overseas Filipino
workers (NRCO) is hereby created in the Department of
Labor and Employment for returning Filipino migrant
workers
which
shall
provide a mechanism for their
reintegration
into
the
Philippine
society, serve as a
promotion house for their local employment, and tap
their skills and potentials for national development.
The Department of Labor and Employment, the
Overseas Workers Welfare Administration (OWWA), and
the
Philippine
Overseas
Employment
Administration
(POEA) shall, within ninety (90) days from the effectivity
of this Act, formulate a program that would motivate
migrant workers to plan for productive options such as
entry
into
highly
technical
jobs
or
undertakings,
livelihood and entrepreneurial development, better wage
employment, and investment of savings.
For this purpose, the Technical Education and Skills
Development
Authority
(TESDA),
the
Technology
Livelihood
Resource
Center
(TLRC),
and
other
government agencies involved in training and livelihood
development shall give priority to returnees who had
been employed as domestic helpers and entertainers. (As
amended by RA No 10022, [March 8, 2010])
SECTION
18.
Functions
of
the
National
Reintegration Center for Overseas Filipino Workers. —
The Center shall provide the following services:
(a) Develop and support programs and projects for
livelihood, entrepreneurship, savings, investments and
financial literacy for returning Filipino migrant workers
and
their
families
in
coordination
with
relevant
stakeholders,
service
providers
and
international
organizations;
(b) Coordinate with appropriate stakeholders, service
providers and relevant international organizations for the
promotion,
development
and
the
full
utilization
of
overseas Filipino worker returnees and their potentials;
(c) Institute, in cooperation with other government
agencies
concerned,
a
computer-based
information
system on returning Filipino migrant workers which shall
be
accessible
to
all
local recruitment agencies and
employers, both public and private;
(d) Provide a periodic study and assessment of job
opportunities for returning Filipino migrant workers;
(e)
Develop
and
implement
other
appropriate
programs to promote the welfare of returning Filipino
migrant workers;
(f)
Maintain
an
internet-based
communication
system
for
on-line
registration
and
interaction
with
clients,
and
maintain
and
upgrade
computer-based
service capabilities of the NRCO;
(g) Develop capacity-building programs for returning
overseas
Filipino
workers
and
their
families,
implementers, service providers, and stakeholders; and
(h) Conduct research for policy recommendations
and program development. (As amended by RA No
10022, [March 8, 2010])
SECTION 19. Establishment of a Migrant Workers
and
Other
Overseas
Filipinos Resource Center . —
Within
the
premises
and
under
the
administrative
jurisdiction of the Philippine Embassy in countries where
there
are
large
concentrations
of
Filipino
migrant
workers, there shall be established a Migrant Workers and
Other
Overseas
Filipinos
Resource
Center
with
the
following services:
(a)Counselling and legal services;
(b)Welfare assistance including the procurement of
medical and hospitalization services;
(c)Information, advisory and programs to promote
social
integration
such
as
post-arrival
orientation,
settlement
and
community networking services and
activities for social interaction;
(d)Institute
a
scheme
of
registration
of
undocumented
workers
to
bring
them
within
the
purview of this Act. For this purpose, the Center is
enjoined to compel existing undocumented workers to
register with it within six (6) months from the effectivity
of
this
Act,
under
pain
of
having
his/her
passport
cancelled;
(e)Human resource development, such as training
and skills upgrading;
(f)Gender sensitive programs and activities to assist
particular needs of women migrant workers;
(g)Orientation program for returning workers and
other migrants; and
(h)Monitoring of daily situations, circumstances and
activities affecting migrant workers and other overseas
Filipinos.
The establishment and operations of the Center shall
be
a
joint
undertaking
of
the
various
government
agencies. The Center shall be open for twenty-four (24)
hours daily including Saturdays, Sundays and holidays,
and shall be staffed by Foreign Service personnel, service
attaches
or
officers
who
represent
other
Philippine
government agencies abroad and, if available, individual
volunteers and bona fide non-government organizations
from the host countries. In countries categorized as
highly problematic by the Department of Foreign Affairs
and the Department of Labor and Employment and
where
there
is
a
concentration
of
Filipino
migrant
workers, the government must provide a Shari'a or
human rights lawyer, a psychologist and a social worker
for
the
Center.
In
addition to these personnel, the
government must also hire within the receiving country,
in such number as may be needed by the post, public
relation officers or case officers who are conversant, orally
and in writing, with the local language, laws, customs and
practices.
The
Labor
Attache
shall
coordinate
the
operation of the Center and shall keep the Chief of
Mission informed and updated on all matters affecting it.
(As amended by RA No 10022, [March 8, 2010])
The
Center
shall
have
a
counterpart
24-hour
information and assistance center at the Department of
Foreign Affairs to ensure a continuous network and
coordinative mechanism at the home office.
SECTION
20.
Establishment
of
a
Shared
Government Information System for Migration. — An
interagency committee composed of the Department of
Foreign Affairs and its attached agency, the Commission
on Filipinos Overseas, the Department of Labor and
Employment and its attached concerned agencies, the
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