Migration and

Migrant Affairs
in the Philippines
Republic Act No. 11641
Effectivity Date: 03 February 2022

The Department of Migrant Workers is the primary agency tasked to

protect the rights and promote the welfare of OFWs, regardless of status
and of the means of entry into the country of destination. It shall
formulate, plan, coordinate, promote, administer, and implement policies,
and undertake systems for regulating, managing, and monitoring overseas
employment and reintegration of OFWs.

It shall promote the empowerment and protection of migrant workers by

enabling and training them to gain appropriate skills and ensuring access
to continuous training and knowledge development.
Republic Act No. 11641
Effectivity Date: 03 February 2022

The DMW absorbs the functions of:

• Philippine Overseas Employment Administration (POEA)
• Office of the Undersecretary of the Migrant Workers Affairs (OUMWA) of
the Department of Foreign Affairs
• All Philippine Overseas Labor Offices (POLO) under the DOLE
• International Labor Affairs Bureau (ILAB) under the DOLE
• National Reintegration Center for OFWs (NRCO) under the OWWA
• National Maritime Polytechnic (NMP) under the DOLE, and
• Office of the Social Welfare Attaché (OSWA) under the Department of
Social Welfare and Development
Attached Agency:
• Overseas Workers Welfare Administration (OWWA)
The Need for the DMW

• “One home” / One-stop shop for all overseas employment program

concerns;
• Regional Offices for easier access of OFWs and their families;
• Presence in all countries with foreign service posts via MWO;
• Ensuring that private recruitment shall meet professional, legal, and
ethical standards
• The lawful hiring of workers in a fair and transparent manner that
respects and protects their dignity and human rights
• Hand-in-hand with ethical recruitment, professionalization and capacity-
building of all stakeholders.
DMW VISION

The DMW is the exclusive home in government of our

OFWs and their families that protects their rights,
promotes their welfare, and unleashes potential to
fulfill their destiny as co-architects of national
economic development.
 DMW MISSION

We commit to empower our migrant workers through digital

transformation of our processes and ensuring sustained ease of
doing business.

We shall manage a national reintegration program to enhance

their skills, knowledge and competence, and facilitate their safe
and productive reintegration in their communities.
 Department of
Migrant Workers
DMW DELIVERY MENU

ONE-REPAT (ORCC) DIGITALIZATION

KIDS-CENTERED

1. One Repatriation 2. Digitalization program in 3. Bilateral Labor 4. OFW Children’s Clubs

Command Center cooperation with DICT & Agreements Music and the Arts, How to
Hotline: 1348 Ease (BLA) - KSA, Germany, Save, Sports and Mental
repat@dmw.gov.ph of Doing Business for Land- Canada Wellness
based and Sea-based sectors and Japan for 2022
DMW DELIVERY MENU

REINTEGRATION SCHOLARS PROTECTION HEALTH

5. National 6. Scholarships for 7. Anti-Illegal 8. OFW Hospital

Reintegration children Recruitment
Program of OWWA members and Trafficking in
Persons Campaign
 Who can avail of the
OFW Pass?
First-time OFWs to be processed by the DMW through
01 recruitment agencies or via direct hiring and/or
government-t—government placement.

Balik-Manggagawa OFWs, referring to those going to

02 the Philippines for a vacation or emergency leave, but
will be returning to the same employer.

Those who have transferred to a different company or employer or

03 whose contracts need to be registered and verified by the Migrant

Workers Office will have to go through the contract verification process.
After 24 hours, they can start applying for the OFW Pass online.
 "You OFWs represent the fighting
faith of the Filipino as a nation and
as a people. Let us transform your
overseas journey into inspirational
stories for all time."

- President Ferdinand Bongbong Marcos, Jr.

Department of
Migrant Workers
ANG TAHANAN NG OFW
 The Illegal Recruitment and
Trafficking in Persons Problem
• EXIST ALONGSIDE LEGAL MIGRATION

• ILLEGAL RECRUITERS AND HUMAN TRAFFICKERS TAKE

ADVANTAGE OF ANNOUNCED JOB OPPORTUNITIES AS AN
OPPORTUNITY TO DUPE UNSUSPECTING APPLICANTS

• IMBALANCE OF MANPOWER SUPPLY

• MAY BE COMMITTED BY LICENSED AGENCIES AND UNLICENSED

ENTITIES/INDIVIDUALS

• VICTIMS INDIFFERENCE
 Strategies to Control Illegal Recruitment and
Trafficking in Persons
2-PRONGED NATIONWIDE ANTI-ILLEGAL RECRUITMENT AND TRAFFICKING IN PERSONS
CAMPAIGN

AIRTIP
CAMPAIGN
Preventive Approach
ü Conduct of Information and
Education Campaign
ü Publication of Advisories and
Press Releases
 Preventive Approach
ü More stringent Requirements for Issuance /
Renewal of License
ü Stiffer Penalties for Recruitment Violations
committed by licensed recruitment
agencies
ü Local alternative action to increase
accessibility to jobs such as job fairs,
provincial recruitment authorities and
establishment of branch offices of licensed
recruitment agencies
 Preventive Approach
ü Special Operations such as surveillance and
closure of establishment or entities
suspected to be engaged in illegal
recruitment
ü Monitoring of Illegal Recruitment Cases
ü Coordination with other law enforcement
agencies
 Remedial Approach
ü Free legal assistance to victims of illegal
recruitment and related cases which are
administrative or criminal in nature, such as but
not limited to documentation and counseling for
filing of disciplinary action against worker/DAW
and employer/DAE, illegal recruitment and
trafficking in persons cases or money claims via
NLRC if conciliation fails
ü Prosecution of illegal recruitment cases, during
preliminary investigation and during trial, in
collaboration with the DOJ prosecutors
ü Provision of legal, financial, psychosocial
(psychological first aid and crisis counseling)
and reintegration assistance to victims
LEGAL MODES OF WORKING ABROAD
AGENCY HIRING
(Philippine recruitment agencies licensed by DMW)

NAME HIRING / DIRECT HIRING

(Worker sought employment on his/her own directly with the employer)

GOVERNMENT HIRING
(Through the Pre-Employment and Government Placement Bureau of DMW)
Legal Remedies and
Services for OFWs
 LAWS AND OTHER ISSUANCES
• Republic Act No. 8042, as amended by R.A. No. 10022

• Republic Act No. 11641

• DMW Rules and Regulations Governing the Recruitment and

Employment of Landbased Overseas Filipino Workers

• 2016 Revised POEA Rules and Regulations Governing the

Recruitment and Employment of Seafarers

• Joint Manual of Operations in Providing Assistance to Migrant

Workers and other Filipinos Overseas, signed August 18, 2015
 LEGAL ASSISTANCE
• Legal assistance and counseling to victims on criminal and/or
administrative actions;

• Investigation and conduct of operations such as surveillance of

persons and entities, closure of establishment, and assistance
during entrapment/arrest;

• Prosecution, including legal assistance to victims during

preliminary investigation and during trial in collaboration with
the prosecutors of the Department of Justice; and

• Information and education campaign on overseas employment

and anti-illegal recruitment and anti-trafficking in persons.
 LEGAL OPTIONS

1. Conciliation
Mandatory Conciliation of Complaints under the
Single Entry Approach Rules

2. Administrative Action
Recruitment Violation and Disciplinary Actions

3. Criminal Action
Illegal Recruitment and/or Trafficking in Persons

4. Money Claims
Via Labor Arbiters of the NLRC
 CONCILIATION
Before docketing, the Department or the MWO, shall mandatorily
conciliate any complaint involving an Overseas Filipino Worker,
licensed recruitment agency, or principal/employer relating to
overseas employment.
In case of MONEY CLAIMS, the same will also be conciliated in
accordance with the Single Entry Approach (SEnA).
Where an amicable settlement is reached, the DMW shall approve
the same and the settlement shall be final and binding upon the
parties.
Where efforts for amicable settlement fail, the conciliation
proceedings shall be terminated and the complaint shall be referred
to the appropriate office immediately.
SANCTION FOR NON-COMPLIANCE
OF SETTLEMENT
Unjustified failure by the licensed recruitment agencies,
principal/employer or an Overseas Filipino Worker to
abide by the terms of the approved settlement shall
warrant suspension from participation in the overseas
employment program, until compliance with or
satisfaction of the approved settlement.
NON-CONCILIABLE CASES
Cases referred by the MWO or any other
government agency;
Cases initiated by the DMW; and
Cases involving acts of misrepresentation
for the purpose of securing a license
ADMINISTRATIVE ACTIONS
Recruitment Violation (against licensed
recruitment agencies)

Disciplinary Action against EMPLOYER (DAE)

Disciplinary Action against WORKER (DAW)

 CRIMINAL ACTION
Illegal Recruitment cases shall be filed with the
REGIONAL TRIAL COURT of –

the province or city where the offense was

committed; or

the province or city where the offended party

actually resides at the time of the commission
of the offense.
 REPATRIATION
Return of an Overseas Filipino in Distress to the
Philippines in safety and dignity

Distressed OFW is an Overseas Filipino, regardless of

immigration status, who has a medical, psycho-social or
legal problem requiring treatment, hospitalization,
counseling, legal or any other kind of assistance in the
country where he or she is found
 PRIMARY PURPOSE OF
REPATRIATION
The repatriation of the worker or his/her remains, and the
transport of his/her personal effects shall be the primary
responsibility of the principal, employer or agency that
recruited or deployed him/her abroad.

All costs attendant thereto shall be borne by the principal,

employer or the agency concerned.
 REPATRIATION PROCEDURE
Request for Repatriation filed by an Overseas Filipino Worker
at Migrant Workers Officer

the Labor Attaché and/or Welfare Officer shall evaluate

the request
Should there be a need for the immediate repatriation of
the Overseas Filipino Worker, the Labor Attaché shall
notify the principal/employer about the request for
repatriation
 READY FOR REPATRIATION
OFW is ready for repatriation - 48 hours notice

The DMW shall immediately issue a notice requiring the

licensed recruitment agency to provide, within forty eight
(48) hours from such notice, the plane ticket or the prepaid
ticket advice (PTA) to the MWO or Philippine Embassy
The licensed recruitment agency shall notify the DMW of
such compliance, which shall then inform OWWA of the
action of the licensed recruitment agency
 READY FOR REPATRIATION
REPATRIATION OF WORKER requires EXIT VISA - 15 day rule

The licensed recruitment agency which recruited and/or

deployed said worker shall exert earnest efforts in
coordinating with the principal/employer to ensure the
issuance of said visa
 ACTION FOR NON-COMPLIANCE
Failure to comply WITH the 48 hours
POEA shall suspend the documentary processing of the licensed
recruitment agency or impose such other sanctions as it may
deem necessary

Failure to comply WITH the 15 day notice

POEA shall suspend the principal/employer from participating in
the overseas employment program
 POST-REPATRIATION ASSISTANCE
Welfare Assistance
• Temporary shelter/accommodation, transportation
assistance, emergency medical assistance
Employment Assistance
• Job placement / referral for local employment
• Job placement / referral for overseas employment
Livelihood Assistance
Legal Assistance
Psychosocial Assistance
DMW
MAGING ALERTO! HUWAG
MAGPALOKO!
If overseas employment is
your ultimate option, take
advantage of a complete
understanding how to go
about it and prevent from
being victimized
in the process.
 www.dmw.gov.ph
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THANK YOU!
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