The Department of Labor and Employment (DoLE), through the Philippine Overseas Employment Administrations (POEA), released recently the implementing rules and regulations (IRR) of Republic Act 10022, the amended Migrant Workers and Overseas Filipino Act of 1995. The law aims to protect the welfare of Overseas Filipino Workers (OFWs) and the IRR intensifies such protection by defining the responsibilities of recruitment agencies.

With the IRR, several provisions of Republic Act (RA) 10022 are now in effect. These include the repatriation of OFWs if necessary at the expense of their recruitment agencies; prohibition of reprocessing or alteration on an OFW’s contract; and inspection of medical clinics before they are deployed. Foreigners are barred from owning the majority of the shares of a recruitment agency.

A number of other provisions of the law are expected to be enforced soon. These include the rules of deployment of OFWs to countries that have been certified by the DFA and the mandatory insurance coverage of migrant workers. Countries which have no bilateral trade agreement with the Philippines or have no law protecting its migrant workers will be removed from the list of possible destinations for OFWs. At present, there are at least 197 countries where OFWs are deployed.

Implementation of the provision of the mandatory insurance of OFWs will be delayed for 30 days after the IRR has taken effect until the Insurance Commission has finished its meetings with concerned stakeholders on the development of more detailed guidelines. The law requires recruitment agencies to pay the premiums for the insurance coverage for OFWs – $15,000 in case of accidental death, $10,000 in case of natural death, and $7,500, in case of permanent disablement.

We commend the Department of Labor and Employment and the other government agencies for expediting the process of defining the implementing rules and regulations to enforce the provisions of the amended Migrant Workers and Overseas Filipinos Act.