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| Philippine Laws on Working/Living Abroad |
Republic Act No. 8042 continued…
Deployment
Guarantee of Migrant Workers Rights
The Secretary of Labor and Employment shall deploy or allow the deployment of Filipino migrant workers only in countries where their rights are protected, recognizing any of the following as a guarantee for the protection of the rights of migrant workers:
- The country has existing labor and social laws protecting the rights of migrant workers;
- The country is a signatory to multilateral conventions declarations or resolutions relating to the protection of migrant workers;
- The country has concluded a bilateral agreement or arrangement with the Philippine Government on the protection of the rights of Overseas Filipino Workers; and
- The host country is taking positive, concrete measures to protect the rights of migrant workers. The POEA shall process overseas employment contracts only for countries meeting any of the above criteria, as determined by the Secretary of Labor and Employment.
Deployment of Skilled Workers
As soon as adequate mechanisms for determination of skills are in place and consistent with national interest, the Secretary of Labor and Employment shall allow the deployment only of skilled Filipino workers.
Ban on Deployment
Notwithstanding the provisions of Sections 3 and 4 of these Rules, the Secretary of Labor and Employment, in pursuit of the national interest or-when public welfare so requires, may, at any time, terminate or impose ban on the deployment of migrant workers.
Travel Advisory
The DFA through the POEA shall issue travel advisories or disseminate information on labor and employment conditions, migration realities and other facts, as well as adherence of particular countries to international standards on human and workers rights which will adequately prepare individuals into making informed and intelligent decisions about overseas employment. The POEA shall publish, at least once a month, such advisory in a newspaper of general circulation.
The POEA may undertake other programs or resort to other modes of information and dissemination campaign, such as the conduct of nationwide, comprehensive and sustainable Pre-Employment Orientation Seminars.
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