Published 12 June 2023, The Daily Tribune
Whether it is to find greener pastures or provide for their families, many Filipinos have been compelled to pursue employment opportunities abroad. In fact, the number of Overseas Filipino Workers or OFWs has increased throughout the years. In 2021 alone, the Philippine Statistics Authority reported that there are over 1.83 million OFWs.
Under Republic Act 8042, as amended, or the Migrant Workers and Overseas Filipinos Act of 1995, an OFW is any person engaged, is engaged, or has been engaged in a remunerated activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign seas other than a government ship used for military or non-commercial purposes or in an installation located off-shore or on the high seas.
It is important to note that the constitutional protection granted to labor under Article II, Section 18 of the 1987 Constitution likewise extends to OFWs regardless if they are working outside the Philippine jurisdiction. Here are the salient rights of an OFW pre-employment, during employment, and post-employment.
I. Pre-employment:
The Philippine Overseas Employment Agency requires that every employment contract of OFWs must contain the following minimum provisions:
The licensed recruitment agency shall, prior to the signing of the employment contract, inform the OFW of their rights and obligations, and disclose the full terms and conditions of employment. It shall likewise ensure that the OFW is provided a copy of the POEA-approved contract to give the OFW ample opportunity to examine the same.
Any changes to provisions of the signed employment contract, whether done in the Philippines or abroad, must be approved by the POEA. Otherwise, the alteration, substitution, or change shall be considered null and void.
(To be continued)
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