Better protection but fewer jobs for OFWs seen

MANILA, Philippines - Overseas Filipino workers (OFW) can look forward to better protection, but fewer employment opportunities abroad in the coming year as a result of the newly amended Migrant Workers Act.

The Blas F. Ople Policy Center said the new law provides for a compulsory liability insurance to be shouldered by licensed recruitment agencies for newly hired workers.

“The law is very clear that the recruiter must not pass on the additional cost to the workers,” center head Susan Ople said, adding that the insurance coverage includes repatriation cost of terminated workers.

While the workers are better protected, Ople said, the same law could also lead to shrinking of the labor market for Filipino workers.

According to Ople, the new law directs the Department of Foreign Affairs (DFA) to certify countries suitable for Filipino migrant workers while the Philippine Overseas Employment (POEA) would cease from deploying workers to countries without the necessary certification.

“Inevitably, this provision would lead to the shrinking of our overseas job market. Hence, it is very important that everyone is aware of how this law would be implemented,” Ople explained.

Ople urged the National Government to launch a massive information campaign about the amendments to the Republic Act 10022, also known as the amended Migrant Workers Act.

Very few OFWs, Ople said, are aware of the provisions of the measure, which lapsed into law last January.

Among others, the amended law provides that receiving countries take positive and concrete measures to protect the rights of Filipino migrant workers.

“In the absence of a clear showing that any of the aforementioned guarantees exists in the country of destination of the migrant workers, no permit for deployment shall be issued by the Philippine Overseas Employment Administration,” Ople said.

Ople said that the law has caused some confusion on the part of the different stakeholders including some people in government.

“Though the law is filled with good intentions, there are some provisions that are a bit vague. For example, which conventions or international agreements should the DFA consider in its certification process? And at this time, do we have the political will to carry this certification process through? What if a country that does not pass any of the four criteria decides to retaliate against the Philippines in some other form? Will we stand our ground no matter what? And will our own workers follow the POEA’s decisions on where they can only be deployed,” Ople asked? 

The center is hosting a forum on Sept. 28 in an effort to make the public, particularly the OFWs aware of the provisions of the new law.