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POEA issues 2 more resolutions on deployment of OFWs to compliant, non-compliant countries

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In compliance with the requirements specified under Section 3 of Republic Act No. 10022, otherwise known as The Migrant Workers and Overseas Filipinos Act of 1995, As Amended, the Governing Board (GB) of the Philippine Overseas Employment Administration (POEA) has approved two more resolutions relative to the deployment of overseas Filipino workers to foreign countries.

The second resolution on compliant countries, GB Resolution No.6, specifies a list of 49 countries—in addition to the 76 countries contained in the first resolution, GB Resolution No. 2 dated 17 May 2011, or a total of 125 countries—where overseas Filipino workers can be continually deployed.

On the other hand, the third resolution, GB Resolution No.7, specifies a list of 41 countries where OFWs cannot be deployed for non-compliance with the guarantees required under R.A. 10022.

The Governing Board issued the two additional resolutions on the basis of the certifications of the Department of Foreign Affairs, as required under Section 3 of R.A. 10022.

Section 3 of R.A. 10022 provides “that the government recognizes any of the following as a guarantee for the protection of the rights of OFWs:
(a) It has existing labor and social laws protecting the rights of workers, including migrant workers;

(b) It is a signatory to and/or a ratifier of multilateral conventions, declarations or resolutions relating to the protection of workers, including migrant workers; and
(c)It has concluded a bilateral agreement or arrangement with the government on the protection of the rights of overseas Filipino workers;
Provided, that the receiving country is taking positive, concrete measures to protect the rights of migrant workers in furtherance of the guarantees under subparagraphs (a), (b), and (c) hereof”.

“The Governing Board has thoroughly discussed and considered the DFA certifications and, in accordance with the law, issued the resolutions,” said Labor and Employment Secretary Rosalinda Dimapilis-Baldoz, who is also the Chairman of the Governing Board.

In issuing the resolutions, Secretary Baldoz said the Governing Board was mindful of Section 3 of R.A. 10022 which provides that “the State shall allow the deployment of overseas workers ONLY in countries where the rights of Filipino migrant workers are protected”.

Secretary Baldoz explained that countries declared non-compliant can initiate negotiation and conclude bilateral agreements to address non-compliances. For companies and contractors with international operations in non-compliant countries, deployment of Filipino workers will not be affected pursuant to Section 3 of R.A. 10022, unless there is an existing ban to that country.

The POEA will publish the resolutions in two newspapers of general circulation. The resolutions will take effect in 15 days after the publication.

By PNA/PIA9-ZBST




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