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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Migrant Workers’ Day is celebrated every 7th day of June in recognition of the valuable contributions of overseas Filipino workers to the country and in commemoration of the signing of Republic Act No. 8042 or the Migrant Workers and Overseas Filipinos Act of 1995. (Section 39, Republic Act No. 8042 or the Migrant Workers and Overseas Filipinos Act of 1995)
Republic Act No. 8042, or the Migrant Workers and Overseas Filipinos Act of 1995, was enacted to institute the policies on overseas employment and to establish a higher standard of protection and promotion of the welfare of migrant workers.[28] It emphasized that 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. (Section 2, (c), R.A. No. 8042)
The law says:
“SEC. 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 39, R.A. No. 8042)
A migrant worker is 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 migrant worker is used interchangeably with overseas Filipino worker. (Section 3, (a), R.A. No. 8042)
Overseas Filipinos refer to dependents of migrant workers and other Filipino nationals abroad who are in distress. (Section 3, (c), R.A. No. 8042)
When should overseas labor contracts be governed by a foreign law?
In order to afford the full protection of labor to our OFWs, the State has vigorously enacted laws, adopted regulations and policies, and established agencies to ensure that their needs are satisfied and that they continue to work in a humane living environment outside of the country. Despite these efforts, there are still issues left unsolved in the realm of overseas employment.
The case of Industrial Personnel and Management Services, Inc. v. SNC Lavalin Engineers and Contractors, Inc. et al. (G.R. No. 205703, March 07, 2016) is instructive on the matter. As such:
“The general rule is that Philippine laws apply even to overseas employment contracts. This rule is rooted in the constitutional provision of Section 3, Article XIII that the State shall afford full protection to labor, whether local or overseas. Hence, even if the OFW has his employment abroad, it does not strip him of his rights to security of tenure, humane conditions of work and a living wage under our Constitution.
As an exception, the parties may agree that a foreign law shall govern the employment contract. A synthesis of the existing laws and jurisprudence reveals that this exception is subject to the following requisites:
- That it is expressly stipulated in the overseas employment contract that a specific foreign law shall govern;
- That the foreign law invoked must be proven before the courts pursuant to the Philippine rules on evidence;
- That the foreign law stipulated in the overseas employment contract must not be contrary to law, morals, good customs, public order, or public policy of the Philippines; and
- That the overseas employment contract must be processed through the POEA.”
The Supreme Court further explained in the same case of Industrial Personnel and Management Services, Inc. v. SNC Lavalin Engineers and Contractors, Inc. et al. that these four (4) requisites must be complied with before the employer could invoke the applicability of a foreign law to an overseas employment contract. With these requisites, the State would be able to abide by its constitutional obligation to ensure that the rights and well-being of our OFWs are fully protected. These conditions would also invigorate the policy under R.A. No. 8042 that the State shall, at all times, uphold the dignity of its citizens whether in country or overseas, in general, and the Filipino migrant workers, in particular.
Read also: Understanding the Rights and Reliefs of Overseas Filipino Workers
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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