Photo from DEPARTMENT OF MIGRANT WORKERS website
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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:
The Department of Migrant Workers (DMW) is mandated to protect the rights and promote the welfare of Overseas Filipino Workers (OFWs). To do so, it is the policy DMW to:
(a) Ensure that private recruitment shall meet professional, legal and ethics standards;
(b) Obtain the best possible conditions of work that uphold the dignity of OFWs;
(c) Provide timely and responsive services to address their needs regardless of legal status;
(d) Ensure their participation in the formulation of policies affecting their welfare; and
(e) Provide mechanisms for skills development and reintegration. (Section 2, Republic Act No. 11641 or the Department of Migrant Workers Act)
The Department of Migrant Workers (DMW), created by virtue of Republic Act No. 11641 or The Department of Migrant Workers Act, is an executive department in the Philippines tasked to protect the rights and promote the welfare of Overseas Filipino Workers (OFWs).
The Implementing Rules and Regulations of the Department of Migrant Workers Act provides that:
“The Philippine Overseas Employment Administration (POEA) recognized under Executive Order No. 247, series of 1987, as amended, the Office of the Undersecretary for Migrant Workers’ Affairs (QUMWA) of the DFA as provided under Republic Act No. 8042, as amended; all Philippine Overseas Labor Offices (POLO) under the DOLE; the International Labor Affairs Bureau (ILAB) under the DOLE; the National Reintegration Center for OFWs (NCRO) under the OWWA; the National Maritime Polytechnic (NMP) created under Presidential Decree 1369; and the Office of the Social Welfare Attache (OSWA) under the DSWD are consolidated and merged, and hereby constituted as the Department of Migrant Workers, hereinafter referred to as “the Department”. The Department is hereby organized structurally and functionally in accordance with the provisions of the Act.” (Section 4, IRR, R.A. No. 11641)
The Department of Migrant Workers Act, which took effect on February 03, 2022, mandates the DMW to facilitate overseas employment and reintegration of Filipino workers, while taking into consideration the national development programs of the National Economic and Development Authority. It is also tasked to promote the empowerment and protection of OFWs through continuous training and knowledge development.
Section 2, Republic Act No. 11641 or the Department of Migrant Workers Act provides that:
“It is the duty of the State to protect the rights and promote the welfare of Overseas Filipino Workers and their families, by:
(a) ensuring that private recruitment shall meet professional, legal and ethical standards;
(b) obtaining the best possible conditions of work that uphold the dignity of Overseas Filipino Workers;
(c) providing timely and responsive services to address their needs regardless of legal status;
(d) ensuring their participation in the formulation of policies affecting their welfare; and
(e) providing mechanisms for skills development and reintegration.
In adherence to ratified international conventions and bilateral or multilateral treaties on migration, the State commits to progressively aligns its programs and policies towards the fulfillment of the twenty-three (23) objectives of the Global Compact for Sale, Orderly and Regular Migration (GCM).
The State does not promote overseas employment as a means to economic growth and national development and shall continuously aim to make it a choice and not a necessity. The State shall institute measures that will strengthen the domestic labor market for the effective reintegration of Overseas Filipino Workers.”
In the case of SRL International Manpower Agency v. Pedro Yarza (G.R. NO. 207828, February 14, 2022), the Supreme Court held that the Constitution accords all members of the labor sector, without distinction as to place of deployment, full protection of their rights and welfare.
Related Article/s:
Compulsory Insurance Coverage for Agency-Hired Workers
Compulsory Coverage of Sea-Based and Land-Based OFWs under Republic Act No. 11199
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