LABOR

MIGRATION
Labor Migration is a phenomenon
which became a part of the lives of
most Filipinos. Overseas employment
or outward labor migration is an
alternative for Filipinos who would like
to practice their occupation with a
much higher salary.
What used to be an alternative
solution from unemployment and
scarcity of available jobs
domestically, overseas employment
became a part of the culture of
Filipino families. Income receive from
foreign remittances have improved
the families standard of living and
social status in the community.
The existence of labor migration is
analogous to the economic principle
of demand and supply. The scarcity
of available and suitable work or
occupation led most Filipino so
venture in finding greener pastures
abroad.
The Recruitment Process of
Oversees Filipino Workers

Over the years, the Philippines has deployed more
than three million Filipino workers in 190
destinations in various fields-professional, medical,
technical, operations and maintenance,
construction, hotel and seafaring sectors.
OUTWARD MIGRATION
REGISTERED FILIPINO EMIGRANTS AND THEIR MAJOR
COUNTRIES OF DESTINATION FOR 1981 to 2011 (Table 1).

Deployed Overseas Filipino Workers by Country of
Destination for 2010 to 2012 (Table 3)
INDICATOR 2010 2012 2011
Land Based 1,123,676 1,435,166 1,318,727
Sea Based 347,150 366,865 369,104
Unspecified 44,272 853 1,099
TOTAL 1,470,826 1,802,031 1,687,831

Remittances of Overseas Filipinos for
2011 to 3rd Quarter of 2013 (Table 6)
(in Million US Dollars)
INDICATOR 2011 2012 Q1 to Q3 of 2013
Land Based 15,776.6 16,556.0 12,623.0
Sea Based 4,340.4 4,835.3 3,857.1
TOTAL 20,117.0 21,391.3 16,480.1
On a different aspect of labor migration, there is also what
is called as inward labor migration. It is the employment of
foreign citizens in the Philippines with the governments
consent. Little has been written about this occurrence.
However as the country traverse to the development of
globalization and ASEAN Integration, it is submitted that this
aspect of labor migration will become a growing concern for
the government and its people.

INWARD MIGRATION

ALIEN EPLOYMENT PERMITS ISSUED BY THE PHILIPPINES
(ACCORDING TO NATIONALITY) FROM 1996-2011
INWARD MIGRATION
INWARD MIGRATION
The Recruitment Process of Non-resident Aliens

The legal basis for the hiring of Non-resident Aliens
is provided by the Labor Code of the Philippine
(Presidential Decree No. 442) under Title II, Article
40 viz.:
INWARD MIGRATION
TheArticle 40. Employment permit of non-resident
aliens. Any alien seeking admission to the Philippines for
employment purposes and any domestic or foreign employer
who desires to engage an alien for employment in the
Philippines shall obtain an employment permit from the
Department of Labor.

The employment permit may be issued to a non-resident alien
or to the applicant employer after a determination of the non-
availability of a person in the Philippines who is competent,
able and willing at the time of application to perform the
services for which the alien is desired.
INWARD MIGRATION
The law requires that there must first be a demand
for the hiring of a non-resident alien due to the
absence of a competent, able and willing Filipino
worker before such employment will take place.
Such condition precedent is mandatory.
INWARD MIGRATION
The government agency tasked with the regulation
and issuance of employment permit of non-resident
aliens is the Bureau of Local Employment (BLE) a
bureau under the control of the Department of
Labor and Employment. It was created by virtue of
Executive Order 797 wherein it assumed the
functions of the Bureau of Apprenticeship and the
domestic employment functions of the Bureau of
Employment
EMERGING PROBLEMS
Irregular Migration



Due to its clandestine nature, irregular and
unauthorized migrant escapes official
statistics. Generally, since data on irregular
migration and related phenomena such as
trafficking in persons and smuggling are
difficult to measure.
According to the International Organization for Migration
(IOM), roughly 15-20 percent of migration is unauthorized.
Based on the 2011 stock estimate, there are 12 countries
where the number of overseas Filipinos in an irregular
situation is at least 10,000. About one in nine irregular
migrants (88.3%) is in these 12 countries.

Undocumented and unprotected in times of peace, the
indivisibility of irregular migrants presents immense
difficulties in times of conflict.

COUNTRIES WITH AT LEAST 10,000 FILIPINOS IN AN
IRREGULAR SITUATION, STOCK ESTIMATE

The Philippine Government made actions to combat the trends and patterns
of the trafficking problem. The yearly report started in 2001 and focuses
on governments actions to combat trafficking in persons. Governments
efforts are ranked on three-point tier (with tier 1 as denoting that a country
fully complies with the minimum requirements of the Trafficking Victims
Protection Act (TVPA); tier 3 id the lowest)

Trafficking in Persons


TOTAL NUMBER OF TRAFFICKING CONVICTIONS
FROM 2005 TO 30 JANUARY 2013

To paraphrase former POEA Administrator Tomas D.
Achacoso, "illegal recruitment is one of the most
detestable crimes a Filipino can commit to another
Filipino. It so debases a man that victims including
their kin suffer in the consequent loss of face and
properties and possible ostracism in the community. It
is a crime that has brought about misery to thousand
of innocent victims and their families".*


* http://www.isdphilippines.com/avoidillegal.php
Illegal Recruitment


Efforts by the government had been consistently
conducted to combat illegal recruitment however
the number of pending cases from 2007 to 2011
have not yet dramatically changed despite of the
efforts made by concerned government agencies.


Illegal Recruitment

STATUS OF ILLEGAL RECRUITMENT CASES,
PHILIPPINES 2007-2011

ADJUDICATION OF OVERSEAS EMPLOYMENT
CASES, PHILIPPINES, 2007-2011



The repatriation of OFWs in distress is an
undertaking that requires considerable resources.
It eats up government funds especially during
international crisis like civil disputes in the foreign
countries like the war in Lebanon and the civil
wars in Libya and Syria which led to the distress
of OFWs and the need to safely transport them
back to the country.
Repatriation


NUMBER OF OFWs WHO AVAILED OF OWWAS
REPATRIATION ASSISTANCE



Unlike domestic workers, migrant workers are not
mandatorily secured by social security schemes.
Unless they would avail of a pension plan from a
private company, they do not have the opportunity
to be financially secure after retirement. As of
present the Social Security System has no
particular program for OFWs.
Lack of Social Security

Social Security after Overseas Employment

The growing number of OFWs may have generated a
great amount of remittances for their families however
after their employment, a question will be asked: Could
they still be secured financially upon reaching the age of
65? some OFW may have established their own source
of income after employment but how about those who
are primarily dependent on the salary that they have
received while being employed in the foreign country.
Emerging Opportunities
Poverty Reduction


Statistics shows that remittances coming from
outward labor migration constantly increases. This
phenomenon contributes to the stability of the
Philippine economy. The more money coming in the
country, the spending capacity of Filipinos is
stimulated and encourages the flow of commercial
transactions. The result is a healthy economy for
the country.
Introduction and Familiarization with
Foreign Culture


The growth in the number of foreign workers has
also lead to the rise of business establishments that
carries their cultural preferences like restaurants
and bars. Indirectly Filipinos could be educated
with the culture of foreigners by trying out these
establishments.
On-the-job Training


Filipinos that are employed at multinational
companies in the country would have the chance to
learn from the management style of foreign
managers. This experience can train them to
become better professional in their line of work.
The Establishment of Filipino
Communities


The growth in number of Filipino migrant workers
in a particular country may lead to an
establishment of Filipino Communities. These
groups are the immediate safety net of each
worker against abuses and unemployment.
International Legal Issues
Involved
Legal Principles, Conventions and
Treaties

The International Policy Maker of Labor
Migration


The International Labour Organization

The International Labour Organization (ILO) is an agency of
the United Nations. It specializes on handling labor issues
such as providing policies on international labor standards
and decent work for all. It is devoted to promoting social
justice and internationally recognized human and labor rights,
pursuing its founding mission that labor peace is essential to
prosperity.
The ILO aims to ensure that it serves the needs of working
women and men by bringing together governments,
employers and workers to set labor standards, develop
policies and devise programs. The very structure of the ILO,
where workers and employers together have an equal voice
with governments in its deliberations, shows social dialogue in
action. It ensures that the views of the social partners are
closely reflected in ILO labor standards, policies and
programs.
[16]

[16] http://www.ilo.org/global/about-the-ilo/how-the-ilo-works/lang--en/index.htm

The ILO on Labor Migration

The ILO sees todays global challenge as forging the policies and the
resources to better manage labor migration so that it contributes
positively to the growth and development of both home and host
societies, as well as to the well-being of the migrants themselves. In
2004, the International Labor Conference of the ILO adopted a
Multilateral Framework on Labor Migration which is part of a plan of
action for migrant workers agreed by ILO constituents. The
Framework is part of an ILO plan of action which aims at better
managing labor migration so that it contributes positively to the
growth and development of both home and host societies, as well as
to the well-being of the migrants themselves.
*

* http://www.ilo.org/global/topics/labour-migration/lang--en/index.htm

The United Nations International Convention on the
Protection of the Rights of All Migrant Workers and
Members of Their Families
An international agreement governing
the protection of migrant workers and
families. Its signing started on
December 18, 1990, and it entered
into force on July 1, 2003.
The United Nations International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families
The convention is a comprehensive international
treaty regarding the protection of migrant workers
rights. It emphasizes the connection between
migration and human rights, which is increasingly
becoming a crucial policy topic worldwide. The
Convention aims at protecting migrant workers and
members of their families; its existence sets a
moral standard, and serves as a guide and stimulus
for the promotion of migrant rights in each country.
The United Nations International Convention on the
Protection of the Rights of All Migrant Workers and
Members of Their Families
The objective of the Convention is to promote the respect for
migrant workers human rights. It does not create new rights
for migrants but it aims to guarantee an equality of
treatment, and the same working conditions for migrants and
nationals. The Convention innovates because it relies on the
fundamental notion that all migrants should have access to a
minimum degree of protection. The Convention recognizes
that legal migrants have the legitimacy to claim more rights
than undocumented migrants, but it stresses that
undocumented migrants must see their fundamental human
rights respected, like all human beings.
The Migrant Workers (Supplementary
Provisions) Convention

Established on 1949. Members who ratified this
convention undertake to provide assistance to
emigrant and migrant workers concerning equal
treatment, medical assistance and to facilitate the
departure, journey and reception of migrants for
employment.



The Migration for Employment Convention

Established on 1975. This convention directs the
ratifying members to provide certain measures
suppress clandestine movements of migrants for
employment and illegal employment of migrants.
[5]

This also includes the adoption of certain measures
against illegal recruiters.
Legal Position of the Philippine
Government


The current policy toward overseas employment revolves
around two main objectives, as stated by President Benigno
Aquino III in his inaugural address: our goal is to create jobs
at home so that there will be no need to look for employment
abroad. However as we work towards that end, I am ordering
the DFA, POEA, OWWA, and other relevant agencies to be
even more responsive to the needs and welfare of our
overseas Filipino workers.
[6]

[
6]
Country Migration Report: Philippines 2013, International Organization for Migration
On the part of the legislators, the house committee on
overseas employment affairs was changed from a special
committee. It also passed RA 1002 which amended the
Migrant Workers and Overseas Filipino Act of 1995, it seeks to
strengthen the protection of overseas Filipinos. The senate
has also ratified the International Labor Organization
Convention Concerning Decent Work for Domestic Workers
and the International Labor Organization Maritime Labour
Convention. The expanded Anti-Trafficking in Persons Act of
2012 (RA 10364) also serves to protect overseas Filipinos and
those in the Country.
[7]


[7]
Ibid.
The governments approach to overseas
employment
Anchored to three major objectives:

promoting overseas labor
protecting Filipino migrants
maximizing the benefits of migration.


The governments approach to overseas
employment
The objectives were attained through the following:

establishment of government agencies,
regulation of private agencies involved in migration
developing norms and procedures concerning the overseas
employment
establishing a redress system for victims of abuse and
malpractice
strengthening welfare initiatives
ensuring civil and political rights
.

The Administration of Labor Migration
Executive Order 797
Organization of the POEA

The POEA has an organizational structure with the
POEA Governing Board at the top. The Secretary of
Labor and Employment heads the Governing Board,
and the POEA Administrator as vice-chairman and
representatives from the private, women, sea-
based and land-based sectors as members.
The Philippine Overseas Employment Organization


It is the merger of the Overseas Employment Development
Board, the National Seamen Board and the overseas
employment functions of the Bureau of Employment Services
into one agency.

The purpose for the creation of the POEA is for the promotion
and monitoring of overseas labor and protection of workers.
Its functions expanded under Executive Order No 247 it now
includes the regulation of private sectors participating in the
recruitment and overseas placement of workers by setting up
a licensing and registration system.
POEA
The Recruitment Process of
Overseas Filipino Workers
Over the years, the Philippines has deployed more than three million
Filipino workers in 190 destinations in various fields-professional,
medical, technical, operations and maintenance, construction, hotel and
seafaring sectors.

The recruitment of Filipino workers is done through a systematic
recruitment network where foreign principals must course their
manpower requirements through POEA-licensed private employment and
manning agencies.

The Philippine - licensed agency may advertise the job vacancies in local
dailies, create a manpower pool, and conduct preliminary screening and
interviews of applicants as part of its services for its foreign principal. If
the foreign employer is a government entity or a government- owned or
controlled company, the latter may opt to course its hiring through the
POEAs Government Placement Branch (GPB).

Private employment agencies are either: Land-based agencies,
which could be any person (natural or juridical) licensed by the
POEA to recruit workers for all land-based jobs for and in behalf
of its foreign principal; or Manning agencies, which could be any
person (natural or juridical) licensed by the POEA to recruit
seafarers to man/board vessels plying international sea lanes
and other related maritime activities. These licensed
employment agencies ensure that only Filipino workers are
qualified and medically-fit are deployed.

Hence, Filipino workers are medically examined by government-
accredited medical clinics or hospitals and trade-tested or
trained by training centers authorized by the government.
The Recruitment Process of
Overseas Filipino Workers
Steps in Hiring Filipino Workers
by Foreign Employers
1. A prospective employer interested to hire Filipino
workers may choose from the official list of licensed
private employment agencies (land-based and sea-
based) available at the nearest Philippine Embassies and
Consulates in their country, or at the POEA website,
www.poea.gov.ph. This list includes POEA agencies that
are Excellence and Top Performer awardees. These
agencies have been conferred these awards in
recognition of their outstanding and exemplary
performance in the field of overseas employment and
for their vital role in uplifting the quality of life of
millions of Filipinos by providing them gainful overseas
employment.

2. An employer who has identified a
Philippine agent which will source his/her
manpower requirement must submit the
recruitment documents to the nearest
Philippine Overseas Labor Office (POLO) at
the Philippine Embassy/Consulate for
verification. This process ascertains the a)
existence of the company or project; and b)
the need for Filipino manpower.

Steps in Hiring Filipino Workers
by Foreign Employers
Special Power of Attorney or
Service/Recruitment Agreement
Master Employment Contract with the
minimum contract provision
Manpower Request. If there is no POLO at
the jobsite the employer shall undergo the
POEA accreditation process where the local
agent submits to the POEA item a, b, and c
above as well as the visa or equivalent
documents.

For land-based principals, they
should submit the following:

For manning principals, they
should submit the following:

Manning agreement containing, among others, the responsibilities of
both principal and manning agency with respect to the employment
of seafarers;
Special Power of Attorney;
List of ships and their particulars including IMO number;
Crew complement;
Valid business license registration certificate, or equivalent
document, or proof of existence of business validated or certified by
the issuing authority in the host country; and
Other documents which the POEA find necessary A foreign principal
who acts as a direct employer of a land-based worker may be
registered to more than one (1) Philippine agency while a foreign
principal who is licensed to operate as a foreign placement agency
may be registered/ accredited a maximum of two (2) Philippine
agencies subject to the conditions prescribed by the POEA.
The legal basis for the hiring of Non-resident Aliens is provided
by the Labor Code of the Philippine (Presidential Decree No. 442)
under Title II, Article 40 viz.:

Article 40. Employment permit of non-resident
aliens. Any alien seeking admission to the Philippines for
employment purposes and any domestic or foreign employer who
desires to engage an alien for employment in the Philippines
shall obtain an employment permit from the Department of
Labor.
The employment permit may be issued to a non-resident
alien or to the applicant employer after a determination of the
non-availability of a person in the Philippines who is competent,
able and willing at the time of application to perform the services
for which the alien is desired.

The Recruitment Process of
Non-resident Aliens

The law requires that there must first be a demand for the
hiring of a non-resident alien due to the absence of a
competent, able and willing Filipino worker before such
employment will take place. Such condition precedent is
mandatory.
The government agency tasked with the regulation and
issuance of employment permit of non-resident aliens is the
Bureau of Local Employment (BLE) a bureau under the control
of the Department of Labor and Employment. It was created
by virtue of Executive Order 797 wherein it assumed the
functions of the Bureau of Apprenticeship and the domestic
employment functions of the Bureau of Employment Services.
The Recruitment Process of
Non-resident Aliens

Overseas Workers Welfare
Administration

An agency attached to the Department of Labor
and Employment (DOLE). It is the lead government
agency tasked to protect and promote the welfare
and well-being of Overseas Filipino Workers
(OFWs) and their dependents.*





*http://en.wikipilipinas.og/index.php?title=Overseas_Workers_Welfare_Administration
The OWWA was created and its functions developed
under the following executive acts, legislations, and
administrative orders

Letter of Instruction (LOI) No. 537. Welfare and Training
Fund for Overseas Workers.

Provides social and welfare services to OFWs. Funds
to offer services (like insurance coverage, social work
assistance, legal assistance, placement assistance, cultural
services, remittance services) come from earnings and
welfare fund collections from Overseas Employment
Development Board (OEDB), Bureau of Employment Services
(BES), National Seaman Board (NSB) and other donations and
contributions.
Presidential Decree (PD) No. 1694. WELFUND

Created the Welfare Fund for Overseas also
referred to as Welfund. This orders the transfer of
all fund sources to Welfund and its administration
by the Board of Trustees.
Executive Order (EO) No.126. OWWA

To reorganize the Ministry of Labor and
Employment. The Welfare Fund for Overseas
Workers Administration or Welfund was renamed
into Overseas Workers Welfare Administration.
Executive Order (EO) No. 195.

Provides Medical Care (MEDICARE) Program for
OFWs and their dependents. It is a compulsory
coverage for OFWs who are not covered by the
Philippine Medical Care Program of Social Security
System (SSS).
Republic Act (RA) 8042.
Migrant Workers and Overseas Filipino Act of
1995

It strengthened OWWA's mandate and services for
OFWs and their dependents and expanded the
composition of the Board of Trustees.
Republic Act (RA) 7111 RA 7111.

An act which establishes the Overseas Workers'
Investment Fund to provide incentives to overseas
workers, reduce foreign debt burden and for other
purposes.
Executive Order (EO) No. 446.

Tasked the Secretary of DOLE to oversee and
coordinate the implementation of the initiatives for
OFWs.
Analysis and
Commentaries
Labor migrants, in great numbers, not
only in the country but all over the
world would voluntarily leave their
home country in order to avoid
poverty and the hovering cloud of
unemployment.
Poverty and unemployment, are also
the causes why some labor migrant in
the country would rather resort to the
wrong channels of labor migration
such as illegal recruitment and human
trafficking.
The proliferation of these illegal acts
would make prospective labor
migrants avoid their plans of working
abroad.
While for the victims, they are further
drawn into financial problems due to
the amount of money that they have
paid to the illegal recruiters with the
rare chance of being indemnified.

Aside from the problems arising from
the recruitment process of labor,
another problem which the country is
currently facing is the effect of the
exportation of skilled and professional
workers that lead to brain drain.
On the topic of financial security and
retirement, labor migrants are
threatened by the fact that their
employment is based mainly on a
contract hence they have no security
of tenure, they may lose their jobs
even before the contractual
relationship has been formally
terminated based on its terms.
Possible Solutions
Country Migration Report: The
Philippines
presented by the International Labour
Organization together with the
agencies of the Government of the
Philippines (CFO, DOLE, and POEA)
Recomendations
Enhancement of national development
to lure the OFWs to the domestic labor
market.
Better coordination among
government agencies deputized to
administer the migration policy
More emphasis on the role of
embassies and Philippine Overseas
Labor Office (POLO) in providing
services to foreign employers and
protection to OFWs is very important
Aside from punitive measures, proper
incentives should also be given to
recruiters to convince them to ensure
that employment standards would not
be taken for granted.

The dialogue and engagement of
government, private sector, civil
society and migrants/ migrants
organizations needs to be
strengthened as the various sectors
can contribute to better governance of
migration.
Recomendations from the
researchers
More emphasis on information
dissemination regarding labor
migration not only in cities but also on
provinces within the archipelagos.
strengthen its entrepreneurial
programs for these migrants and their
families
Additional projects for labor migrants
that would be affected by repatriation
and other international crises that
would cause their unemployment.
Conclusion
Inward and outward flow of human
resources will continue to grow.

How could it be possible that its
economic standing is still behind other
countries which are not dependent of
remittance?
Points to think about
The administration of labor migration
entails cost that is defrayed by
government funds.
National development and the
generation of demand for domestic
labor should be the priority of the
government.

Government agencies concerned must
conduct a particular study on inward
migration.
The researchers have noted that there
is scarce resource of information on
this subject. This proposal is
necessary particularly when the
Philippines will enter into ASEAN
integration.