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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:
Under the 2023 Department of Migrant Workers (DMW) Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino Workers, it is the duty of the State to protect the rights and promote the welfare of the Overseas Filipino Workers (OFWs) and their families, by:
- Ensuring that private recruitment shall meet professional, legal, and ethical standards;
- Obtaining the best possible conditions of work that uphold the dignity of OFWs;
- Providing timely and responsive services to address their needs regardless of legal status;
- Ensuring their participation in the formulation of policies affecting their welfare; and
- Providing mechanisms for skills development and reintegration.
Recruitment Violations and Disciplinary Action Cases
The Department shall exercise original and exclusive, and appellate jurisdiction to hear and decide all administrative cases involving or arising out of:
- Violations of recruitment rules and regulations, including refund of fees collected from OFWs; and
- Disciplinary action cases, excluding money claims.
In the exercise of its adjudicatory power, the Department shall formulate its own rules and procedures governing administrative proceedings.
Appeal and Execution of Judgment
The Secretary shall have exclusive jurisdiction over appeals from the Orders of the Regional Directors. However, a Motion for Reconsideration elevated to the Department may be given due course.
The Secretary shall likewise assume jurisdiction over appeals from the previous decisions of the Administrator of the former POEA, provided that the same are filed within the reglementary period as may be prescribed by the DMW Rules of Procedure in the Adjudication of Cases.
Appeals from the Orders of the POEA Administrator that are still pending at the Office of the Secretary of the Department of Labor and Employment shall be forwarded to the Department for disposition.
Related Articles:
- 2023 Department of Migrant Workers (DMW) Rules and Regulations for Landbased Overseas Filipino Workers: Simplified
- Policies of the Department of Migrant Workers (Republic Act No. 11641)
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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