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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 State shall afford full protection to labor, local or overseas. (Section 3, Article XIII, 1987 Constitution)
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 the needs regardless of legal status;
(d) ensuring their participation in the formulation of policies affecting their welfare; and
(e) providing mechanisms in the formulation of policies affecting their welfare; and
(f) providing mechanisms for skills development and reintegration. (Section 2, R.A. No. 11641 or the Department of Migrant Workers Act)
It is said that employees are not stripped of their security of tenure when they move work in a different jurisdiction. This is with respect to the rights of overseas Filipino workers (OFWs). This means that every employee abroad is entitled to security of tenure, among other constitutional rights.
An Overseas Filipino Worker (OFW) refers to a person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a State of which the person is not a citizen, or on board a vessel navigating the foreign seas other than a government ship used for military or noncommercial purposes, or on an installation located offshore or on the high seas. (Section 7, par. g, R.A. No. 10801 or the Overseas Workers Welfare Administration Act)
The law says:
“The State shall afford full protection to labor, local or overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.” (Section 3, Article XIII, 1987 Constitution)
Further, R.A. 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:
- ensuring that private recruitment shall meet professional, legal, and ethical standards;
- obtaining the best possible conditions of work that uphold the dignity of Overseas Filipino Workers;
- providing timely and responsive services to address the needs regardless of legal status;
- ensuring their participation in the formulation of policies affecting their welfare; and
- providing mechanisms in the formulation of policies affecting their welfare; and
- providing mechanisms for skills development and reintegration.” (Section 2, Department of Migrant Workers Act)
Overseas workers, regardless of their classification, are entitled to security of tenure, at least for the period agreed upon in their contracts. This means that they cannot be dismissed before the end of their contract terms without due process. The law recognizes the right of an employer to dismiss employees in warranted cases, but it frowns upon the arbitrary and whimsical exercise of that right when employees are not accorded due process. If they were illegally dismissed, the worker’s right to security of tenure is violated.
While the Civil Code recognizes that parties may stipulate in their contracts such terms and conditions as they may deem convenient, these terms and conditions must not be contrary to morals, good customs, public order or policy.
Time and again, it has been held that a contract of employment is imbued with public interest. As such, under our present laws, as with any other employee, overseas Filipino workers may only be terminated for just and authorized causes and after compliance with procedural due process requirements. (Sameer Overseas Placement Agency, Inc. v. Joy Cabiles, G.R. No. 170139, August 05, 2014)
Jurisprudence says:
“[A] contract of employment is imbued with public interest. The parties are not at liberty to insulate themselves and their relationships from the impact of labor laws and regulations by simply contracting with each other. Also, while a contract is the law between the parties, the provisions of positive law that regulate such contracts are deemed included and shall limit and govern the relations between the parties.” (Dionella Gopio v. Salvador Bautista, G.R. No. 205953, June 06, 2018)
In case of termination of overseas employment without just, valid or authorized cause as defined by law or contract, the workers shall be entitled to the full reimbursement of his placement fee with interest of 12% per annum, plus his salaries for the unexpired portion of his employment contract or for three months every year of the unexpired term, whichever is less. (Section 10, R.A. No. 8042; Dionella Gopio v. Salvador Bautista, G.R. No. 205953, June 06, 2018)
The law says:
“Sec. 10. MONEY CLAIMS. – Notwithstanding any provision of law to the contrary, the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and decide, within ninety (90) calendar days after filing of the complaint, the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damages.
The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. This provisions [sic] shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. The performance bond to be filed by the recruitment/placement agency, as provided by law, shall be answerable for all money claims or damages that may be awarded to the workers. If the recruitment/placement agency is a juridical being, the corporate officers and directors and partners as the case may be, shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages.
Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution, amendment or modification made locally or in a foreign country of the said contract.
Any compromise/amicable settlement or voluntary agreement on money claims inclusive of damages under this section shall be paid within four (4) months from the approval of the settlement by the appropriate authority.
In case of termination of overseas employment without just, valid or authorized cause as defined by law or contract, the workers shall be entitled to the full reimbursement of his placement fee with interest of twelve (12%) per annum, plus his salaries for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired term, whichever is less.” (Section 10, R.A. No. 8042)
The State, through the Department of Migrant Worker, shall inform migrant workers not only of their rights as workers but also their rights as human beings, instruct and guide the workers how to assert their rights and provide the available mechanism to redress violation of their rights.
Related Article/s:
National Migrant Workers’ Day – ALBURO ALBURO AND ASSOCIATES LAW OFFICES (alburolaw.com)
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