MIGRANT

WORKERS AND
OVERSEAS
FILIPINOS ACT OF
1995
(R.A. 8042 as amended by R.A. 9422 and R.A.
10022)

WHAT IS A MIGRANT
WORKER?
An overseas Filipino worker who is to be
engaged or has been engaged in a
remunerated activity in:
a country of which he is not a citizen;
on board a vessel navigating the foreign
seas, other than a government ship used
for military or non-commercial purpose;
on an installation located offshore or on
high seas

Deployment of Migrant
Workers
Migrant workers can be deployed only in
countries where the rights of Filipinos
are protected, such as:
A country that has existing labor and
social laws protecting the rights of
migrant workers;
Country is a signatory or ratifier of a
multilateral convention, declaration or
resolution; OR
Has concluded a bilateral agreement

Illegal Recruitment
Below are just some of the grounds for
illegal recruitment:
When a person who is not licensed or
authorized to recruit workers, engages in
recruitment activities;
When a person, whether or not licensed
or authorized to recruit commits any of
the prohibited activities under the Labor
Code.

Types of Illegal
Recruitment:

Simple Illegal Recruitment

Syndicated Illegal Recruitment
carried out by a group of three (3) or
more persons conspiring or
confederating with one another
Large-scale Illegal Recruitment
committed against three (3) or more
persons individually or as a group.

Illegal recruitment is an offense involving

economic sabotage when committed by a
syndicate or in large scale

Who can file?

1. Secretary of Labor and Employment
or his duly authorized
representative;
2. POEA Administrator or his duly
authorized representative;
3. Any Aggrieved person

Prescriptive Period:
Simple Illegal Recruitment
Five (5) Years

Large Scale or Syndicated

Illegal Recruitment
Twenty (20) Years

Jurisdiction of the POEA

Administrative aspect of
recruitment violations committed by
recruitment or manning agencies;
Disciplinary action cases

Decision may be appealed to the

Secretary of Labor and Employment
within Fifteen (15) days from receipt
of Decision
POEA has no jurisdiction over claims of
migrant workers arising out of an ErEe relationship, including damages.

Order of Closure of
Establishment
Order shall be given to a non-licensee
whose activities will:
1. Constitute a danger to national security
and public order;
2. Lead to further exploitation of job
seekers

* Remedies from a Closure Order:

1. Motion to Re-open Establishment
2. Motion to Lift Closure Order
3. Appeal

Who can file a motion to Re-open the

Establishment?

The owner of the building;

The building administrator;
Any person or entity legitimately
operating within the premises closed and
whose operations or activities are
distinct from the recruitment activities of
the entity subject of the closure order.

Who can file a motion to lift a

closure order?

Only the person or entity against whom

the closure order was issued and
implemented.
Filed with the Licensing and Registration
Office within Ten (10) calendar days from
the date of implementation

Grounds for Lifting of the Closure Order:

1. Person or entity proves that it is not
involved in Illegal Recruitment activities;
2. Any other ground which the POEA may find
valid and meritorious