A New Law Offers More Protection For OFWs

The Migrant Workers Act that was ratified in 1995 laid down conditions that gave protection and ensured the welfare of Filipino workers abroad. Now fifteen years later, the amendment of the said law is deemed necessary.

The Philippine Senate recently approved a bill that calls for the improvement of the present Migrant Workers Act. The proposed changes aim to give better assistance and further promote the welfare of overseas Filipino workers (OFWs) thus strengthening the present law.

According to Jinggoy Estrada, Senate Majority Leader, the Philippine Senate approved the bill that was submitted by a bicameral conference committee. The version that was submitted by the said committee solved the issues and conflicts that were present in the earlier versions that were passed by the Senate and the House of Representatives.

Estrada added that the Senate still needs to confirm if the Office of the President also ratified the bill. Once confirmed, they would transmit an enrolled copy to Malacanang for action by President Gloria Macapagal-Arroyo.

The improved Migrant Workers Act includes preventive measures that would minimize and solve the problems encountered by OFWs in the process of recruitment and deployment. It also calls for the creation of better rescue and assistance mechanisms.

The new bill also requires the government to closely monitor and be signatory to international conventions, as well as pursue ratification of bills that would be beneficial to OFWs. The said bill also obliged the government to enter into bilateral agreements with countries where there are millions of OFWs.

The new Migrant Workers Act also expands the responsibility of the Philippine Overseas Employment Administration (POEA) by making all members of its governing board accountable for the deployment of Filipino workers abroad.

It also covers the punishments waiting for government officials that would be caught issuing permits that would allow the deployment of Filipino workers in countries that does not comply with international labor standards.

Estrada said that there will be penalties for failure to do their duties such as dismissal from the service or disqualification from holding appointive public office for a minimum of five years.

The new law also redefines the meaning of “illegal recruitment” by including the act of reprocessing workers through a job order that pertains to non-existent work or work different from the actual work or work with a different employer whether registered or not with the POEA.

Estrada said that such a scheme is known as “contract substitution” and it has victimized many OFWs before. In contract substitution, the employment contract that was signed by the worker in the Philippines is replaced by a new contract upon reaching their work destinations. They are forced to sign in the new contract that often states a lower salary and added work obligations.