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 1930s - agricultural laborers from the llocos region were

recruited to work in Hawaiian and Califonia plantations.
1960s - US immigration law was liberalized replacing
racial quotas with occupation-based quotas, particularly
for medical doctors and nurses
Shortly after WWII, engineers and other skilled workers
were employed in American bases in the Pacific,
particularly Guam and Hawaii. At the same time a high
proportion of Filipino scholars under Fullbright, Ford,
Rockefeller and other foundation scholarships remained
in America and joined the doctors, nurses and other
Filipino Americans there.
1975 - the Middle East market opened in 1975 following
the oil shock that provided it with resources for largescale construction and other development activities.
1950S - The employment of seamen or shipping crew
began but in much smaller numbers. It has grown slowly
but steadily through time.

No. of Deployed OFWs by Type of Hiring

Main motivation:
Monetary Benefits

Foreign employment carries risks, such as:

Recruitment frauds, where recruitment fees are
exhorted for non-existing jobs.
Contract violations by some employers where
the wage promised is not honored in full, is
delayed or is not paid at all.
Cases of physical abuses such as rape, physical
assault and unhealthy work environment.
Cases of unexplained deaths and illnesses.

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Migrant Workers and Overseas

Filipinos Act of 1995 (R.A. No.
8042)
"institutes the policies of overseas
employment and establishes a
higher standard of protection and
promotion of the welfare of migrant
workers, their families, and of
overseas Filipinos in distress."

Omnibus Rules and

Regulations Implementing
Republic Act No. 8042

Executive Order No. 797

The Law Creating POEA
Signed by the President in 1982, it created
the
Philippine
Overseas
Employment
Administration or POEA to streamline
operations in the overseas employment
program. The three government agencies
involved in overseas employment were
abolished, namely: Overseas Employment
Development Board, National Seamen's
Board and the Bureau of Employment
Services.

Other Laws

Presidential Decree No. 1694 (May 1, 1980) as amended by

Presidential Decree No. 1809 (January 16, 1981). This act
created the Welfare Fund for Overseas Workers as the
government agency mandated to promote the welfare of
overseas Filipino workers. It administers a workers' fund from
which welfare services and programs are implemented.
Executive Order No. 1987 (1987) renamed the agency to
Overseas Workers Welfare Administration (OWWA).

Executive Order No. 247, also known as the Reorganization Act

of POEA issued in 1987 was intended to make the delivery of
public services more efficient.

Executive Order No. 195 signed on August 13, 1994 created

the medical care program for overseas Filipino workers which
provides medical assistance and hospitalization benefits to
OFWs and their dependents. Under this Act, OWWA was
mandated to administer the program.

The government has encouraged

overseas employment by providing
services to protect the OFW from
fraudulent placement agents and from
risks in the place of work.
It established The Philippine Overseas
Employment Administration (POEA)
and the Overseas Workers
Administration (OWWA).

Welfare

POEA
screens
and
licenses
private
recruitment agencies and facilitates the
processing of OFWs immigration papers.
Placement agencies search for foreign labor
markets, negotiate with foreign employers
and foreign recruitment agents, and assist in
the preparation of immigration papers and
employment contracts.
POEA screens employment contracts to
assure their fairness and is responsible for
prosecuting illegal recruiters. In the early
years, many illegal recruitment were reported
in the papers but the problem appears to
have diminished.

OWWA, on the other hand, works as a mixture of

insurance and welfare agency for OFWs.
It collects US$25 per each OFW on a new contract.
A fund is established which pays for all sorts of
things such as pre-departure training, small loans
for OFW family venture and OFW cooperatives,
OFW children's scholarship and principally,
compensation for death at overseas work, funeral
expenses and some work related medical cost.

THE EMPLOYMENT
CONTRACT

The POEA has set the following as the minimum provisions

of a standard employment contract:
1.
2.
2.
3.
4.
5.
6.
7.
8.
9.

worksite or place of work

contract duration
Position
Monthly salary
Regular work schedule of 8 hours per day and 6 days
per week
Overtime pay
Benefits that include Vacation Leave, Sick leave,
Medical and Dental Services
Workmens compensation in cases of work-related
sickness, injury or death
Free food and accommodation or offsetting benefit
In the event of death of the employee, his remains and
personal belongings shall be repatriated to the
Philippines at the expense of the employer

Termination of the
Contract (before its
expiration)

A. Termination by the Employer

The employer may terminate the Contract

on grounds of closure or cessation of
operation
of
the
establishment/undertaking or due to
retrenchment to prevent losses, by
serving a written notice to the employee
at least one (1) month before the
intended date thereof of payment of
separation/termination pay equivalent to
one (1) month salary.
The employer shall bear the repatriation
expenses of the employee.

The employer may also terminate the contract

on the following just causes:
- serious misconduct
- willful disobedience of Employers
lawful orders,
- habitual neglect of duties,
- absenteeism,
- insubordination,
- revealing secrets of establishments,
- engaging in trade union activities,
- when Employee violate customs,
traditions and laws and/or
terms of this agreement.

The Employee shall shoulder the repatriation

expenses.

B. Termination by the Employee

the Employee may terminate the contract by serving (1) month

in advance written notice to the Employer. If no notice served,
the employee shall shoulder all expenses relative to his
repatriation back to his point of origin.

The employee may also terminate this Contract without serving

any notice to the employer for any of the following just causes:

- serious insult by the employer or his representative

- commission of a crime/offence by the employer or his
representative
- inhuman or unbearable treatment accorded by employer or
representatives
- and violation of the terms and conditions of the employment
contract by the Employer or his representative.

Employer shall pay the repatriation expenses back to the

Philippines.

C. Termination due to illness

Either party may terminate the contract

on the ground of illness, diseases or
injury suffered by the employee.
The employer shall shoulder the cost of
repatriation.

LIABLILITY IN CASE OF
VIOLATIONS OF
EMPLOYMENT CONTRACT

R.A. No. 8042 provides:

SEC. 10. Money Claims.Notwithstanding any

provision of law to the contrary, the Labor
Arbiters of the National Labor Relations
Commission (NLRC) shall have the original and
exclusive jurisdiction to hear and decide, within
ninety (90) calendar days after the filing of the
complaint, the claims arising out of an employeremployee relationship or by virtue of any law or
contract involving Filipino workers for overseas
deployment including claims for actual moral,
exemplary and other forms of damages.

The liability of the principal/employer and the

recruitment/placement agency for any and all
claims under this section shall be joint and
several. This provision shall be incorporated in
the contract for overseas employment and shall
be a condition precedent for its approval.
The performance bond to be filed by the
recruitment/placement agency, as provided by
law, shall be answerable for all money claims or
damages that may be awarded to the workers.
If the recruitment/placement agency is a juridical
being, the corporate officers and directors and
partners as the case may be, shall themselves be
jointly and solidarily liable with the corporation or
partnership for the aforesaid claims and
damages.

Local Agency is solidarily liable with

foreign principal.
Severance of relations between
local agent and foreign principal
does not affect liability of local
recruiter.