New rules, and regulations on hiring of land-based OFWs meant to protect their rights
Migrant Workers Secretary Susan Ople today announced the release of new rules and regulations on the recruitment and employment of land-based overseas Filipino workers (OFWs), with significant provisions intended to protect their rights and promote their welfare.
Ople said the new rules also provide a list of 20 “cardinal sins” that may lead to the cancellation of a recruitment agency’s license. The list of serious offenses was drawn up in consultation with various stakeholders, she said.
Included in the list are acts of graft and corruption including attempts to bribe DMW officials and personnel as well as the recruitment and deployment of minors and underaged workers.
“Dahil mas simple ang rules, mas malinaw din ang dapat gawin at sundin ng bawat licensed recruitment agency. Hindi na kailangang humanap ng padrino sa loob o labas ng department. Iwasan lang yung 20 cardinal sins at ayusin ang pakikitungo sa ating mga manggagawa at sa kanilang mga employers,” Ople said.
The Secretary said the simplification of the rules was one of the directives issued by President Ferdinand Marcos, Jr. during his State of the Nation Address (SONA) last year.
“Ito ay alinsunod sa atas ng ating mahal na Pangulo, at patunay ng kanyang malasakit at kalinga sa ating mga OFW,” she said.
Ople said the new rules issued by the Department of Migrant Workers (DMW) is the product of extensive consultations with all stakeholders under the principle of social dialog and tripartism. The result is a set of balanced and simplified rules adhering to day-to-day operations and concerns of OFWs, she added.
“We aim for a rights-based approach and ease of doing business mindset to labor migration and migration governance. This new set of rights-based rules will ensure better protection and empowerment of our OFWs. Likewise, it will enable the industry to succeed and flourish,” Ople said.
Ople said the new rules now require licensed recruitment agencies to employ a full-time and trained Welfare Desk Officer (WEDO). The WEDO will monitor and assist in the resolution of workers’ problems and complaints in their job site.
For the first time, the rules on OFW recruitment also seek to regulate the accommodations of recruitment agencies for its workers, Ople said.
“This is significant because there was no way for the government to know where these accommodations are and how conducive its facilities are for our workers. Under the new rules, they would have to inform us about the location and capacity of these accommodations,” Ople said.
Moreover, the new DMW rules impose a simplified and standardized penalty structure for private recruitment agencies for offenses such as involvement in corruption activity, and any conduct of illegal recruitment and trafficking in persons.
For serious offenses, the recruitment agency faces cancellation of its license, while less serious offenses will result in the suspension of six months to one year. Agencies with light offenses, meanwhile, will face suspensions of one to six months.
The new DMW rules also extended the validity period of provisional licenses from two years to three years, while the validity of a regular license has been extended to six years from the previous four-year period.
The escrow deposit of recruitment agencies has also been increased from P1 million to P1.5 million to expand their capability to cover claims of OFWs over employment contract violations. One-Person Corporations (OPC) are now allowed to engage in overseas recruitment and employment.
The DMW has also shortened its process-cycle time from 15 days to seven to 10 days on on-site accreditation and verification in its Migrant Workers Offices (MWO) overseas.
