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Fri, Jul 30, 2010, 7:20PM |
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| Philippine Laws on Working/Living Abroad |
Omnibus Rules and Regulations Implementing
The Migrant Workers and Overseas Filipinos Act of 1995
(Republic Act No. 8042)
June 7, 1995
Definitions
- Migrant Workers or Overseas Filipino Workers - a person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a state which he or she is not a legal resident. A person to be engaged in a remunerated activity" refers to an applicant worker who has been promised or assured employment overseas and acting on such promise or assurance sustains damage and/or injury.
- Overseas Filipinos - are migrant workers, other Filipino nationals and their dependents abroad.
- Overseas Filipino in distress - Overseas Filipinos as defined in Section3(c) of the Act shall be deemed in distress in cases where they have valid medical, psychological or legal assistance problems requiring treatment, hospitalization, counseling, legal representation is specified in Sections 24 and 26 or any other kind of intervention with the authorities in the country where they are found.
- Legal Resident - a person who has obtained permanent residency status in accordance with the law of the host country.
- Documented Migrant Workers
- those who possess valid passports and visas or permits to stay in the host country and whose contracts of employment have been processed by the POEA if required by law or regulation; or
- those registered by the Migrant-Workers and Other Overseas Filipinos Resource Center or by the Embassy. Those who do not fall under the preceding paragraph are considered undocumented migrant workers.
- Undocumented Filipinos
- Those who acquired their passports through fraud or misrepresentation;
- Those who possess expired visas or permits to stay;
- Those who have no travel document what so ever
- Those who have valid but in appropriate visas;
- Gender Sensitivity - cognizant of the inequalities and inequities prevalent in society between womenand men and a commitment to address issues with concern for the respective interest of the sexes.
- Legal Assistance - includes, in appropriate cases, giving legal advice, active participation in litigation whenever allowed by local laws, hiring of private lawyers, documentation assistance payment of bail bonds, court fees and other litigation expenses.
- Bonfire Non-Government Organizations (NGOs) non-government organizations duly registered with appropriate Philippine government agencies which, active partners of the Philippine Government in the protection of Filipino migrant workers and the promotion of their welfare.
- Skilled Workers - those who have obtained an academic degree or sufficient training or experience in the job for which they are applying, as may be determined by the Secretary of Labor and Employment.
- Underage Migrant Workers - those who are below 18 years or below the minimum age requirement for overseas employment as determined by the Secretary of Labor and Employment.
- Employment Agency - any person, partnership or corporation duly licensed by the Secretary of Labor and Employment to engage in the recruitment and placement of workers for overseas employment for a fee which is charged, directly or indirectly, from the workers or employers or both.
- Manning Agency - any person, partnership or corporation duly licensed by the Secretary of Labor and Employment to engage in the recruitment and placement of seafarers for vessels plying international waters and for related maritime activities
- Service Contractor - any person,-partnership or corporation duly licensed by the Secretary of Labor and Employment to recruit workers for its accredited projects or contracts overseas.
- Labor Code –Presidential Decree No. 442, as amended
- Act – the “Migrant Workers and Overseas Filipinos Act of 1995” to be used interchangeably with the “R.A. 8042”
- DFA-the Department of Foreign Affairs.
- DOLE -the Department of Labor and Employment
- POEA - the Philippine Overseas Employment Administration
- OWWA - the Overseas Workers Welfare Administration
- NLRC -the National Labor Relations Commission
- BLE - the Bureau of Local Employment
- TESDA – the Technical Education and Skills Development Authority
- DOJ - the Department of Justice
- DOST- the Department of Science and Technology
Back to Important Laws
Page 2: Deployment
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