R.A.
8042 | Agrarian Law and Social Legislation by Ungos
THE MIGRANT WORKERS AND OVERSEAS FILIPINOS
ACT OF 1995
REPUBLIC ACT NO. 8042
[As Amended by Republic Act Nos. 9422 and 10022]
NOTES:
Meaning of Migrant Worker – is an overseas Filipino worker, i.e., a
person who is to be engaged or has been engaged in a remunerated
activity in a country of which he not a citizen, or on board a vessel
navigating the foreign seas, other than a government ship used for
military or noncommercial purposes, or on an installation located
offshore or on high seas.
Meaning of “Engaged in a Remunerated Activity” – a person is
deemed to have been “engaged in a remunerated activity” if he has
been promised or assured employment overseas.
Deployment of Migrant Workers – can be deployed only in
countries where the rights of Filipino workers are protected. This may
be indicated if the receiving country:
1. Has existing labor and social laws protecting the rights of
migrant workers;
2. Is a signatory to or a ratifier of multilateral conventions,
declarations, or resolutions relating to the protection of
workers, including migrant workers; or
3. Has concluded a bilateral agreement with the Philippine
government on the protection of the rights of overseas
Filipino workers.
Additional Condition Relating to Deployment of Filipino
Seaferers – allowed only when the owners/employers are compliant
with the international laws and standards that protect the rights of
migrant workers.
Additional Condition for Deployment of Filipino Workers to
Companies and Contracts with International Operations –
allowed if they are compliant with standards and conditions embodied
in the employment contracts prescribed by the POEA.
Effect of Absence of Foregoing Guarantees - the POEA will not
issue a deployment permit.
Liability of POEA Governing Board, as well as of Government
Officials and Employees – shall suffer the penalties of removal or
dismissal from service with disqualification to hold appointive public
office for 5 years.
Compulsory Insurance Coverage for Agency-Hired Migrant
Workers – Such insurance policy shall be secured at no cost to the
worker and be effective for the duration of the migrant worker’s
employment contract.
If the migrant worker was made to shoulder the cost of insurance
premium, the license of the recruitment or manning agency be
cancelled, and all its directors, partners, proprietors, officers and
employees shall be perpetually disqualified from engaging in
recruitment of overseas workers, without prejudice to any other
liabilities.
Qualification of Insurance Companies –
1. Duly registered with the Insurance Commission
2. In existence and operational for at least 5 years
3. With a net worth of at least P500M to be determined by the
Insurance Commission
4. With a current certificate of authority
R.C. GATOC NOTES
Disqualifications – Insurance companies who have directors,
partners, officers, employees or agents with relatives, within the 4th civil
degree of consanguinity or affinity, who work or have interest in any
of the government agencies involved in the overseas employment
program.
Coverage of the Insurance –
1. US$15,000.00 for accidental death, payable to the migrant
worker’s beneficiaries
2. US$10,000.00 for natural death, payable to the migrant
worker’s beneficiaries
3. US$7,000.00 for permanent total disability, payable to the
migrant worker
4. Repatriation cost of the worker when employment is
terminated without any valid cause, including the transport
of his/her personal belongings
5. US$100.00/month for subsistence allowance for a
maximum of 6 months if the migrant worker is involved in
a case or litigation for the protection of his rights in the
receiving country
6. An amount equivalent to at least 3 months for every year of
the migrant worker’s employment contract, in cases of
money claims arising from employer’s liability which may be
awarded or given to the worker in a judgment or settlement
of his or her case in the NLRC
7. Cost of transportation for compassionate visit by one family
member (or requested individual) to the major airport
closest to the place of hospitalization of the worker, in case
the migrant worker is hospitalized or confined for at least 7
consecutive days
8. Cost of medical evacuation, when proximate and adequate
medical facility is not available to the migrant worker, as
determined by the insurance company’s physician or
consulting physician
9. Cost of medical repatriation, when medically necessary as
determined by the attending physician, and medically cleared
for travel by the commercial carrier
Claims Arising from Accidental Death, Natural Death, or
Disablement – These claims shall be paid by the insurance company
without any contest and without necessity of proving fault or
negligence of any kind on the part of the insured migrant worker.
The following documents, duly authorized by the Philippine foreign
posts, shall be sufficient evidence to substantiate the claim:
1. Death Certificate – In cases of natural/accidental death
2. Police/Accident Report – In cases of accidental death
3. Medical Certificate – In cases of permanent disablement
Permanent Total Disablement, as Contemplated in the
Insurance Coverage –
1. Complete loss of sight of both eyes
2. Loss of 2 limbs at or above the ankles or wrist
3. Permanent complete paralysis of 2 limbs
4. Brain injury resulting to incurable imbecility or insanity
Repatriation Cost in Case of Death of the Migrant Worker, as
Contemplated in the Insurance Coverage – In case of death of the
migrant worker, the insurance provider shall arrange and pay for the
repatriation or return of the worker’s remains,
The insurance provider shall also render any assistance necessary in the
transport including, but not limited to:

1. Locating a local and licensed funeral home, mortuary or
direct disposition facility to prepared the body for transport
2. Completing all documentation
3. Obtaining legal clearances
4. Procuring consular services
5. Providing death certificates
6. Purchasing the minimally necessary casket or air transport
container
7. Transporting the remains, including its retrieval from site of
death and delivery to the receiving funeral home
Rules in Relation to Money Claims Arising from Employer’s
Liability –
1. After a decision has become final and executory or a
settlement/compromise agreement has been reached
between the parties at the NLRC, an order shall be released
mandating the respondent recruitment/manning agency to
pay the amount adjudged or agreed upon within 30 days
2. The recruitment/manning agency shall then immediately file
a notice of claim with its insurance provider for the amount
of liability insured, attaching therewith a copy of the decision
or compromise agreement
3. Within 10 days from the filing of notice of claim, the
insurance company shall make payment to the
recruitment/manning agency the amount adjudged or
agreed upon, or the amount of liability insured, whichever is
lower. After receiving the insurance payment, the
recruitment/manning agency shall immediately pay the
migrant worker’s claim in full, taking into account that in
case the amount of insurance coverage is insufficient to
satisfy the amount adjudged or agreed upon, it is liable to
pay its balance.
4. In case the insurance company fails to make payment within
10 days from the filing of the claim, the
recruitment/manning agency shall pay the amount adjudged
or agreed upon within the remaining days of the 30-day
period, as provided in the first subparagraph of these rules
5. If the worker’s claim was not settled within the aforesaid 30-
day period, the recruitment/manning agency’s performance
bond or escrow deposit shall be forthwith garnished to
satisfy the migrant worker’s claim.
6. The provision of compulsory worker’s insurance shall not
affect the joint and solidary liability of the foreign employer
and the recruitment/manning agency under Sec. 10 of RA
8042
7. Lawyers for the insurance companies, unless the latter is
impleaded, shall be prohibited to appear before the NLRC
in money claims cases under this section
Insurance Policies Issued by Foreign Insurance Companies –
(seafarers) shall be accepted by the POEA if the minimum coverage is
complied with.
Foreign Employers Guarantee Fund – migrant workers recruited by
the POEA on a government-to-government arrangement shall be
covered by a foreign employers guarantee fund established by the
POEA. The foreign employer’s guarantee fund shall answer for the
worker’s monetary claim arising from breach of contractual
obligations.
Coverage for Rehires, Name Hires, or Direct Hires – migrant
workers may opt to be covered by the guarantee fund either by
requesting their foreign employers to pay for the cost of coverage, or
by paying the premium themselves.
Repatriation of Migrant Workers – repatriation of the overseas
worker and the transport of his belongings is the primary responsibility
R.C. GATOC NOTES
R.A. 8042 | Agrarian Law and Social Legislation by Ungos
of the recruitment agency. All costs attendant to repatriation shall be
borne by or charged to the agency concerned and/or its principal.
Repatriation of remains of the overseas worker, as well as the transport
of the personal belongings of a deceased worker and all costs attendant
thereto shall be borne by the principal and/or the recruitment agency.
However, in cases where the termination of employment is due solely
to the fault of the worker, the principal/employer or agency will not be
responsible for the repatriation of the former and/or his belongings.
Emergency Repatriation – in case of war, epidemic, disasters or
calamities, natural or man-made, and other similar events, the OWWA,
in coordination with appropriate international agencies, shall undertake
the repatriation of workers. The cost of repatriation is subject to
reimbursement by the responsible principal or agency.
If the principal or recruitment agency cannot be identified, all costs
attendant to repatriation shall be borne by the OWWA through its
emergency repatriation fund.
Repatriation od Underage Migrant Workers – Mandatory – if
there are migrant workers whose actual age fall below 18 years old, the
responsible officers in the foreign service shall without delay repatriate
said workers.
The license of the recruitment/manning agency which recruited or
deployed the underaged migrant worker shall be automatically revoked
and shall be meted out with a fine ranging from P 500,000 to P
1,000.000.
Furthermore, the recruitment or manning agency shall refund all the
fees incurred by the underage worker without need of notice. The
refund should be paid within 30 days from the date of the mandatory
repatriation and is independent of indemnification of other damages
the underage worker has suffered.
Illegal Recruitment of Migrant Workers - any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring or procuring
workers and includes referring, contract services, promising or
advertising for employment abroad, whether for profit or not, when
undertaken by a non-license or non-holder of authority contemplated
under Art 13 (F) of Presidential Decree No. 442, as amended otherwise
known as the Labor Code of the Philippines: Provided, That any such
non-licensee or non-holder who, in any manner, offers or promises for
a fee employment abroad to two or more persons shall be deemed so
engaged. (sec. 6, RA 8042).