CMW Accomplishment Report

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1 | Page Agency Profile: The Department of Labor and Employment (DOLE) started as a small Bureau in 1908. It became a Department on December 8, 1933 with the passage of Act 4121. The DOLE is the national government agency mandated to formulate and implement policies and programs, and serve as the policy-advisory arm of the Executive Branch in the field of labor and employment. On December 8, 1933, the Bureau of Labor was constituted as a Department by virtue of Republic Act 4121. Since then, it has continuously evolved its thrusts and strategies to respond to emerging socio-political and economic challenges while keeping as primary concern the protection and promotion of the welfare of local and overseas Filipino workers (OFWs). The DOLE serves more than 40 million workers comprising the country's labor force, covering those in the formal and informal economies, private and public. On top of this, the DOLE clients also include workers' organizations, employers and/or employers' groups, non-government organizations (NGOs), and other government agencies, the academe, other stakeholders, international organizations (e.g., ILO, IOM, UNDP, UNICEF), and the international community including the host countries of our OFWs. To carry out its mandate, the DOLE has 16 regional offices, 83 Field Offices with four (4) Satellite Offices, 36 overseas posts, 6 bureaus, 7 staff services and 11 agencies attached to it for policy and program supervision and/or coordination. 1 The following agencies are mandated to ensure the protection of migrant workers welfare: a) Philippine Overseas Employment Administration (POEA). The POEA was created under Presidential Decree 797 in 1982 to promote and develop the overseas employment program of the country. Its regulatory functions were strengthened by Republic Act 9422. b) Overseas Workers Welfare Administration (OWWA). The OWWA was initially created through Letter of Instruction No. 537 in 1977 to protect and promote the welfare and well-being of OFWs and their dependents. Its mandate and services were strengthened by Republic Act 8042, as amended. c) National Reintegration Center for OFWs (NRCO). The NRCO was created under Republic Act No. 10022 in 2010. The NRCO acts as the Philippine government’s reintegration manager that addresses the needs of OFWs and their families towards a more productive return to the country. d) International Labor Affairs Bureau (ILAB). The ILAB was created under Executive Order 366 in 2009. This was formerly known as the International Labor Affairs Service under Letter of Instruction No. 15 in 1972. ILAB is the 1 http://www.dole.gov.ph/pages/view/7

Transcript of CMW Accomplishment Report

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Agency Profile: The Department of Labor and Employment (DOLE) started as a small Bureau in 1908. It became a Department on December 8, 1933 with the passage of Act 4121. The DOLE is the national government agency mandated to formulate and implement policies and programs, and serve as the policy-advisory arm of the Executive Branch in the field of labor and employment. On December 8, 1933, the Bureau of Labor was constituted as a Department by virtue of Republic Act 4121. Since then, it has continuously evolved its thrusts and strategies to respond to emerging socio-political and economic challenges while keeping as primary concern the protection and promotion of the welfare of local and overseas Filipino workers (OFWs). The DOLE serves more than 40 million workers comprising the country's labor force, covering those in the formal and informal economies, private and public. On top of this, the DOLE clients also include workers' organizations, employers and/or employers' groups, non-government organizations (NGOs), and other government agencies, the academe, other stakeholders, international organizations (e.g., ILO, IOM, UNDP, UNICEF), and the international community including the host countries of our OFWs. To carry out its mandate, the DOLE has 16 regional offices, 83 Field Offices with four (4) Satellite Offices, 36 overseas posts, 6 bureaus, 7 staff services and 11 agencies attached to it for policy and program supervision and/or coordination.1 The following agencies are mandated to ensure the protection of migrant workers welfare:

a) Philippine Overseas Employment Administration (POEA). The POEA was created under Presidential Decree 797 in 1982 to promote and develop the overseas employment program of the country. Its regulatory functions were strengthened by Republic Act 9422.

b) Overseas Workers Welfare Administration (OWWA). The OWWA was initially created through Letter of Instruction No. 537 in 1977 to protect and promote the welfare and well-being of OFWs and their dependents. Its mandate and services were strengthened by Republic Act 8042, as amended.

c) National Reintegration Center for OFWs (NRCO). The NRCO was created under

Republic Act No. 10022 in 2010. The NRCO acts as the Philippine government’s reintegration manager that addresses the needs of OFWs and their families towards a more productive return to the country.

d) International Labor Affairs Bureau (ILAB). The ILAB was created under

Executive Order 366 in 2009. This was formerly known as the International Labor Affairs Service under Letter of Instruction No. 15 in 1972. ILAB is the

1 http://www.dole.gov.ph/pages/view/7

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DOLE agency responsible for developing policies, plans, programs, projects and operating standards relative to international labor and employment concerns.

e) Philippine Overseas Labor Office (POLO). The POLOs are the overseas operating arm of DOLE in the implementation of Philippine labor policies and programs for the protection and promotion of the welfare and interests of Filipinos working abroad.

f) National Labor Relations Commission (NLRC). The NLRC is a quasi-judicial agency mandated to adjudicate labor and management disputes involving both local and overseas workers through compulsory arbitration and alternative modes of dispute resolution.

g) Technical Education Skills Development Authority (TESDA). TESDA is the agency responsible for the formulation of strategies and programs geared towards manpower development.

Background on the Report’s content:

The Philippine policy is to create jobs at home so that working abroad is a matter

of choice and not a necessity. However, when Filipinos choose to work abroad, their

welfare and protection is the priority of the government.

For Filipinos who have chosen to work abroad, the country’s policy of protection

covers the entire migration management process from pre-employment, on-site

employment to return migration and reintegration.

This process involves the convergence of programs, services and personnel of

various Philippine government agencies at home and abroad. At present, we have a

global network of 82 Philippine embassies and consulates, 166 Honorary Consulates

and at least 1,295 officers to attend to consular, labor and welfare services needs of

Filipino migrant workers. The work of Philippine Government personnel abroad has

been effectively delivered with the support of highly organized networks of Filipino

migrant communities.

This report shall provide updates on the progress of the various programs,

policies, rules and regulations that have been instituted and promulgated by the DOLE,

its attached agencies and partner government agencies in response to the seven (7)

thematic objectives contained in the Philippine Human rights Plan 2012-2016.

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Significant Accomplishments of the agency in relation to achieving the thematic objectives: Thematic Objective 1: To implement continuing information dissemination program on the rights of migrant workers and members of their families by the concerned government agencies and authorities both at the national and local levels; The indicator for this objective shall be the percentage of areas covered by information dissemination by region. To ensure that migrant workers arriving in, or preparing to go to foreign states have access to clear information on their rights in their receiving countries including information on the Philippine government policies and programs, the Philippine government further strengthened its mechanisms to disseminate the same through the following: The Department of Labor and Employment (DOLE) has introduced “We Serve OFWs Convergence Program” through Administrative Order No. 157, issued on 2 April 2013, a convergence program with the end of ensuring a more concerted, synchronized and coordinated delivery of services to Overseas Filipino Workers (OFWs). It seeks to consolidate and harmonize all the programs and efforts of all DOLE agencies that provide assistance to OFWs.

The DOLE Convergence Program has four major components, as follows:

1. Capability building for internal and external partners. This includes training and capacity building on illegal recruitment and trafficking in persons and Pre-Employment Orientation Seminars (PEOS) for communities, local government units, academe, law enforcers and OFW Family Circles. POEA spearheads this component.

2. Education and training for OFWs. This consists of various seminars, training

programs and skills trainings to raise the awareness level of OFWs about their rights and overseas employment and enhance their competencies to broaden their chances for employment. Parts of these are PEOS, Pre-Departure Orientation Seminar (PDOS), Labor Education on Graduating Students (LEGS), and skills development and skills upgrading training.

3. Setting-up OFW Help Desks at LGUs. This initiative is led by OWWA and POEA,

aiming to provide information on overseas employment and programs and services for OFWs including counselling services. The help desks are attended to by a Public Employment Service Officer (PESO) of the local government units who are trained by OWWA and POEA. There are 625 functioning OFW Help Desks around the country. POEA to add

4. Provision of legal assistance. This includes counselling to victims, preparation of

complaint-affidavits and supporting documents, assistance in filing cases, prosecution of illegal recruiters and closure of recruitment agencies engaged in

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illegal recruitment. Conciliation services under the Single Entry Approach (SENA) of DOLE have also been made available to OFWs for employment-related issues.

To ensure implementation of the program under each component, DOLE has established an Oversight Committee chaired by the POEA Administrator, with the heads of concerned DOLE agencies as members. The committee provides policy direction, crafts comprehensive action plan and monitors and evaluates program implementation. The DOLE Regional Coordinating Committees (RCCs) are tasked to implement the convergence program at sub-national levels. Programs under each component: Pre-Departure Orientation Seminar (PDOS) is an integral part of the over-all

program of government to protect the welfare of the Overseas Filipino Workers (OFWs).

It is a major component of OWWA’s information and education program for departing

OFWs.

The PDOS is a compulsory training required for all out-bound workers who are leaving

the country for the first time. It is designed to prepare and help OFWs cope with the

adjustments and difficulties during the first six months of work and stay at overseas

jobsites, as well as hasten the integration into their new work environment. It aims to

orient OFWs with basic information that are most beneficial to them, e.g. work

standards, language and cultural differences. The orientation-seminars are country-

specific and in some cases, skill-specific.

A PDOS certificate is issued, which is valid for 5 years, at the end of the seminar. If

within 5 years, the worker changes his/her employer or changes their country of

destination, he/she is requires to undergo PDOS again.

PDOS uses the curriculum and manual developed by the Development Academy of the

Philippines for OWWA in 2008, in collaboration with PDOS service providers from the

NGOs, land-based and sea-based recruitment agencies, industry associations, former

OFWs and OWWA officers.

As adjunct to PDOS, the OWWA Comprehensive Pre-Departure Education Program (CPDEP) for Household Service Workers (CPDEP for HSWs) was implemented and institutionalized pursuant to DOLE DO No. 95-09 which was issued on 10 March 2009. It aims to address the difficulty confronting OFWs relating to language barrier, OWWA implemented the Language Course in January 2007 with Arabic as the sole language course offered.

To reach out to more workers and address the need of the vulnerable groups, especially

the HSWs, the language course was expanded in March 2009, and incorporated the one-

day PDOS, the Language and Culture Familiarization Training, and a Stress Management

Course into a single education program for HSWs.

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Only first-time HSWs to the destination country are required to attend the CPDEP while vacationing and returning workers may undergo the training on an optional basis. The OWWA assumes all the costs for the trainings from the venue, outlay for the utilities, fees of the instructors and trainers, cost of hand-outs and materials, and certificates. The conduct of PDOS is by accredited providers based on specific categories. There are

3 types of OWWA-accredited PDOS providers, as follows:

1. Agency Associations (AIs) conduct one-day PDOS for skilled, technical and professional workers of their member agencies.

As of June 2015, there are 6 industry associations accredited to conduct PDOS, of

which 2 are country-specific (Taiwan & Mediterranean-bound countries).

2. Recruitment Agencies (seabased and landbased) conduct PDOS for their own skilled workers.

As of June 2015, there are 305 accredited PRAs to conduct in-house PDOS for their

workers: 52 for landbased and 253 for seabased.

Of the 305 accredited RAs, 223 are authorized to conduct supplemental PDOS and 2

for country-specific PDOS, as of April 2014.

3. NGOs conduct PDOS for HSWs, OPAs and workers belonging to vulnerable occupational groups.

As of June 2015, there are 13 NGOS accredited to conduct PDOS.

In total, there are 326 accredited PDOS Providers. The PDOS in itself is free of charge

where OWWA and POEA assume the cost. A standard fee of PhP100.00 is charged to the

Local Recruitment Agencies (LRAs) by accredited service providers to cover the cost of

training materials.

Post-Arrival Orientation Seminar (PAOS) is given to migrant workers who recently arrived in their country of employment. As a follow-through to the PDOS, the PAOS is conducted overseas either by the employers (for group deployments such as the Employment Permit System of South Korea), the host country authorities or the Philippine Overseas Labor Office (POLOs) in cooperation with the Filipino Community/Church Based Groups and other volunteers. The OWWA actively supports and participates in the conduct of the PAOS.

YEAR PDOS CPDEP for HSWs

PAOS TOTAL

2012 638,574 156,452 13,097 808,123 2013 658,440 156,893 13,685 829,018 2014 807,014 202,829 16,091 1,025,934 TOTAL 2,621,201 643,339 58,498 3,323,038

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Pre-Employment Orientation Seminar (PEOS) is a public information service provided to individuals who are contemplating of working overseas. Started in 1993, it is an educational strategy conducted by the POEA for the protection and empowerment of the general public and prospective job seekers. It provides general information on the pros and cons of overseas employment; the guidelines, legal procedures and documentary requirements of applying for an overseas job; the overseas job opportunities as well as restricted ones; tips to avoid illegal recruitment; advisories and warnings to OFWs; health and security issues; and the government services available to overseas job applicants and hired workers. In the last three (3) years, the POEA conducted 4,247 PEOS sessions with 832,540 participants. In 2014, the number of participants 488, 507 which is an increase by 182 % compared to the 173, 143 in 2013.

The POEA launched in March 2014 the PEOS ONLINE in partnership with Jobstreet. The

PEOS Online is a web-based facility to educate the public about overseas employment

and help them in their decision-making process in working abroad. It contains modules

similar to the community based or target-based PEOS. This serves now as alternative

PEOS facility targeting the internet based community. Since the time it was launched, it

had generated 262,997 unique visitors and 57,099 had registered as of date

Pre-Employment Seminar PEOS 2012 2013 2014 Number of PEOS Conducted

938

1,453

1,856

Central Office 346 789 N/A Regional Offices 592 664 1, 856 Number of Participants

170, 890

173, 143

488, 507

Central Office 114, 243 104, 439 278, 422 Regional Offices 56, 647 68, 704 210, 085 Anti-Illegal Recruitment and Trafficking in Persons (AIRTIP) - POEA conducts

AIRTIP seminars to educate key stakeholders on illegal Recruitment (RA 8042 as

amended by RA No.10022) and Trafficking in Persons Act (RA 9208 as amended by RA

10364; the modus operandi of illegal recruiters; tips to avoid illegal recruitment, and

the legal modes of applying for overseas employment. Participants are equipped with

primary skills on investigating illegal recruitment and trafficking, in partnership with

prosecutors from the Department of Justice. Participants in these seminars include local

government unit (LGU) officials, law enforcers, prosecutors, members of the academe.

Public Employment Service Office (PESO) managers; non-government organizations,

and faith –based groups.

In the last three (3) years, the POEA conducted 130 AIRTIP seminars participated by

11,437 participants across the country.

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Advocacy activities on RAs 9208 and 9262, organ trafficking, and on Recovery and Reintegration Program for Trafficked Person - The Department of Social Welfare and Development conducted various advocacy activities that focused on raising awareness on the importance of the unified action of the services providers and the public in preventing trafficking. In the last three years, 122 advocacy activities have been concluded. As part of the government’s objective to ensure that the implementation of continuing information dissemination on the rights of migrant workers and their families are carried out, the government also established the following integrated information systems: Overseas Filipino Information System (OFIS) - As mandated by law, the Migrant Workers Act of 1995 and its amended form, R.A. 10022 of 2010, that directs government agencies concerned with migration to develop a Shared Government Information System for Migration (SGISM). The information system aims to make available to member agencies information contained in their existing databases and enable the linking of computer systems in order to allow free flow of data exchanges and sharing. Years after its development was directed by law, the administration of President Benigno Simeon Aquino seriously took on the task to initiate measures to implement it. The establishment of the Overseas Filipinos Information System (OFIS) is an initial step towards the fulfilment to the requirement of the law. The OFIS is envisioned as a web-based Overseas Filipinos information, database and monitoring system to be utilized as a tool for emergency preparedness response. It aims to have a clear and accurate picture of the overseas Filipinos, their number, profile, whereabouts and movements in all destination countries. The OFIS Project was jointly undertaken by a special technical working group led by DFA, and composed of DOLE (OWWA and POEA), DFA, ASTI-DOST, and DOJ-BI. ASTI-DOST was tasked to develop the system while members of the special TWG provides the data requirements. Data on OFIS also include the Filipino immigrants. The “e-rehistro” of e-registration feature of OFIS will be ready for dissemination to Philippine diplomatic mission and on-line registration by overseas Filipinos as soon as the four (4) data bases have been consolidated and the manual for e-registration has been finalized Foreign Labor Operations Information System (FLOIS) - is an interactive computer-based information system designed to ensure that the data/information of the Department’s foreign operations is up-to-date, intact, reliable and responsive to the

Year No. of AIR/TIP Seminars Conducted/Participants

2012 50/4917 2013 41/2793 2014 39/3727

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needs of the Secretary of Labor and other stakeholders. At present, FLOIS has been installed in 11 Philippine Overseas Labor Offices (POLOs) located in ASIA, Middle East and 2 in Italy. Thematic Objective 2: To sustain advocacy for bilateral agreements, memoranda of understanding, and other similar instruments, especially with those countries of destination where discriminatory treatment and abuse are more frequent; The indicator for this thematic objective shall be the increase in the number of bilateral agreements entered into by the government for the protection of overseas Filipino workers. Hereunder are the existing Bilateral Labor Agreements for the period of 2010 – 2015:

Country Date of Signing Title

1. Jordan

05/27/2010 PH-Jordan on Labor Cooperation

2. Manitoba, Canada

09/21/2010 PH-Canada Concerning Cooperation in Human Resource Deployment and Development

3. Taiwan

07/26/2011

Memorandum of Understanding between the Taipei Economic and Cultural Office in the Philippines and the Manila Economic and Cultural Office in Taiwan on Special Hiring Program

4. Korea

08/30/2011 PH-Korea on the Sending and Receiving of Workers under the Employment Permit System of Korea

5. Jordan

01/29/2012 PH-Jordan on the Principles and Protocols for Regulating Deployment and Employment of Filipino Domestic Workers

6. Lebanon

02/01/2012 PH-Lebanon on Labor Cooperation

7. Kuwait

03/23/2012 PH-Kuwait on Labor Cooperation

8. British Columbia, Canada

05/19/2012 Joint Communique of PH-British Columbia on areas of mutual benefit with respect to labour mobility

9. Germany

03/19/2013 PH-Germany Agreement Concerning the Placement of Filipino Health Professionals in Employment Positions in Germany

10. Kingdom of Saudi Arabia

05/19/2013 PH-KSA Agreement on Domestic Worker Recruitment

11. Province of Saskatchewan, Canada

10/07/2013 (valid up to 07 October 2016

Memorandum of Understanding between the Department of Labor and Employment of the Government of the Republic of the Philippines

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and will automatically be renewed up to 2018)

and Her Majesty the Queen in the Right of the Province of Saskatchewan, Canada Concerning Co-operation in Human Resource Deployment and Development

12. Papua New Guinea

11/26/2013

Memorandum of Agreement on Labor Cooperation between the Government of the Republic of the Philippines and the Government of the Independent State of Papua New Guinea

13. Korea 05/30/2014 (renewal)

PH-Korea on the Sending and Receiving of Workers under the Employment Permit System of Korea

14. Switzerland 10/12/2014

Guidelines on the Documentation and the Deployment of Filipino Trainees (Young Professionals/Stagiaries) to Switzerland and the Procedure for the Deployment of Swiss Trainees to the Philippines under the Philippine-Swiss Agreement on the Exchange of Professional and Technical Trainees.

15. British Columbia, Canada

05/08/2015 PH—British Columbia MOU Concerning Cooperation in Human Resource Deployment and Development

16. Canada 05/08/2015 DOLE-Canadian Centre for Occupational Health and Safety (CCOHS) MOA on Occupational Safety and Health

The Philippines also has on-going Bilateral Labor negotiations with Mongolia, Qatar, France, Italy Thematic Objective 3: To provide adequate consular services, welfare assistance and other available legal remedies in the host countries and in the Philippines; The indicators for this thematic objective are:

(1) Increased number of assisted Overseas Filipino Workers (OFWs) in varying difficult circumstances (e.g. consular, welfare and legal services); (2) Ratio of regular/documented OFWs to the number of Philippine Overseas Labor Offices (POLO) personnel;

Ratio of irregular/undocumented workers to number of personnel under the Office of the Undersecretary for Migrant Workers Affairs (OUMWA). As part of the government’s measures in managing irregular migrants and in assisting migrants in crisis including distressed migrants, the Department of Foreign Affairs (DFA) has the Legal Assistance Fund (LAF) and Assistance-to-Nationals Fund (ATN) so that maximum assistance can be extended to OFWs and their families. These Funds cover a wide range of expenses needed by our embassies and

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consulates to extend assistance and protections required under our laws (R.A. 8042, as amended by R.A. 10022 or the Migrant Workers and Overseas Filipino Act).

The DFA has reported that the number of Filipinos served under the Assistance to Nationals (ATN) in 2013 was 18, 029 and 20, 697 in 2014 which is a 14.80% increase in the number of assisted constituents in a year. Its legal assistance service has increased from 246 in 2013 to 258 in 2014. OWWA, on the other hand, has the Welfare Assistance Fund (Legal Assistance) which is the counterpart to the existing LAF to cover expenses for welfare cases managed/pursued/filed by the overseas officers of the Philippines Overseas Labor Offices (POLOs) at worksites that require the services of a legal officer and other attendant to the resolution of the case. The Fund covers cases involving active members* onsite already elevated to the courts. Cases with criminal components may be covered provided that the OFW is the complainant and/or they are not covered by the DFA LAF. The Philippine Overseas Labor Offices have extended welfare assistance which included psycho-social counselling, hospital visitation, work and campsite visitation and jail/detention center visitation to 92, 647 OFWs in 2012; 129, 056 in 2013; and 138,614 in 2014. The OWWA likewise extend welfare assistance and services to OFWs on-site and in-country through the following: 1. On-Site Welfare Case Management. Includes requests for assistance on OFWs’

whereabouts, psycho-social counseling, conciliation, airport assistance,

hospital/prison/work campsites visitations and legal assistance to OFWs who wish

to pursue labor/welfare case in the court of the country.

2. In-Country Welfare Case Management. Includes requests by families and NOKs

(next-of-kin) for assistance from Post, post-repatriation assistance, counseling,

referrals, and other concerns. Requests for assistance can be channeled through the

24/7 Operation Center and OWWA Regional Offices.

Year No. of Workers Assisted* 2012 120,319 2013 379,708 2014 344,518 TOTAL 844,545

*Welfare Assistance provided by Overseas Welfare offices on-site, RWOs in-country, and 24/7 Operation Center for OFWs (Central Office-in-country) to OFWs and their families (referrals – employment and medical, psychosocial counselling , representation, and other requests)

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3. Repatriation Program

The repatriation program entails bringing of distressed OFWs, as well as

transporting of human remains back to the country. Post-repatriation Services

include airport assistance, temporary shelter at the halfway home, psycho-social

counselling, stress debriefing, and provision of transport services or fare for their

onward travel to their respective provinces.

The passage of RA 8042 otherwise known as the Migrant Workers and Overseas

Filipinos Act of 1995, as amended by RA 10022 in 2010 tasks OWWA the responsibility

to repatriate workers in cases of war, epidemic, natural or man-made disaster or

calamities, and other similar events without prejudice to reimbursement by the employer

of the recruitment agency. In cases where the employer or the recruitment agency cannot

be identified, OWWA shall bear all costs of repatriation.

Emergency repatriation is carried out in the event of any political unrest or natural

calamities. An Emergency Repatriation Fund is created which is under the

administration, control and supervision of OWWA for the purpose, including

payment of fines or penalties.

*Post repatriation and other related services are assistance provided to repatriated and distressed OFWs that includes airport assistance, halfway house accommodation, local transportation to their residence, medical assistance and referral, counselling and stress debriefing, among others. As part of the legal services by the Department and Pursuant to Administrative Order

(AO) No. 107-10, intensifying voluntary conciliation as a means to provide parties an

expedient way to settle disputes through voluntary conciliation, the DOLE and its

attached agencies are directed to handle request for Voluntary Conciliation under the

Single Entry Approach. Covering the period from 2012 to 2014 the POEA assisted in the

settlement of 7, 067 requests for conciliation:

Requests filed Request for conciliation settled 2012 2,935 1,650 2013 4,254 2,814 2014 4,183 2,603

For the period of 2012 to 2014, POEA thru its Single Entry Approach (SENA) assisted in the settlement of 7067 requests for conciliation.

Year OFWS Ticketed Post Repatriation Related Services*

2012 202 12,787 2013 453 43,113 2014 245 13,215 TOTAL 900 69,115

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To ensure that all the services are efficiently provided to the OFWs in foreign countries, the government provided additional manpower to its foreign offices as follows:

The DOLE has established Philippine Overseas Labor Offices (POLO) in 36 locations, with a total complement of 58 Labor Attaches. These are located in the following OFW destinations: Abu Dhabi; Alkhobar; Bahrain; Brunei Darrusalam; Dubai; Geneva; Greece; Hong Kong; Israel; Jeddah; Jordan; Kaohshiung; Korea; Kuala Lumpur; Kuwait; Lebanon; Libya; London; Macau; Madrid; Milan; Oman; Unaizah; Qatar; Riyadh; Rome; Singapore; Taichung; Taipei; Tokyo; Washington DC; Australia; Syria; Toronto; Vancouver.

While RA 8042 mandates the establishment of a Migrant Workers and Other Overseas Filipino Resource Center, the Philippine Overseas Labor Offices are established upon the recommendation of the DFA and on the consideration of the following: labor market demand, concentration of OFWs, crime and unemployment rate of the destination country, bilateral agreements and wage component. The POLO functions are embodied in RA 10022.

On the other hand, OWWA maintains 31 Overseas Welfare Offices (OWOs) in 26 countries, with a full staff complement of 25 Welfare Officers (9 in Asia, 11 in the Middle East, and 5 in Europe and the Americas) and 27 Administrative Assistants (8 in Asia, 17 in the Middle East, and 2 in Europe and the Americas) to serve the needs of the Filipino migrant workers. In July 2013, OWWA deployed additional (6) female Welfare Officers/Administrative Assistants in Riyadh, Jeddah and Jordan, owing to the number of female OFWs in these countries.

Under the 22 point labor and employment agenda of President Benigno Aquino III, the Department of Labor and Employment has been given an additional 162 plantilla positions to be deployed to various Philippine Overseas Labor Offices (POLO) where each will have an ideal complement of 10 to 15 personnel holding plantilla positions. The Social Security System establishes its presence in top destination countries in collaboration with the DFA to reach out to OFWs. There are 20 SSS Foreign Offices with 22 Foreign Representatives and 18 local hires as of June 2015.

The DFA has dedicated an Assistance-to-Nationals (ATN) Unit in Posts with large number of OFWs and at least an ATN Officer in other embassies and consulates. The Department of Social Welfare and Development (DSWD), in response to the needs of the Overseas Filipino Workers (OFWs), implements the International Social Welfare Services for Filipino National (ISWSFN) Program. The ISWSFN is aimed at institutionalizing a system of providing social services to overseas Filipinos, be they documented or undocumented migrants or temporary residents in a foreign country. The implementation of ISWSFN is pursuant to Executive Order No. 287, series of 2003 “Directing the Deployment/Posting of Social Welfare Attachés in Selected Diplomatic Posts”.

The first Social Welfare Attaché (SWAt) was assigned at the Philippine Embassy in Kuala Lumpur in December 2002. In 2012, an additional six (6) social welfare attaché (SWATT) offices were opened in the following posts: Jeddah, Abu Dhabi, Qatar, Kuwait,

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Hong Kong and South Korea. Each SWATT was given locally hired assistants to attend to the administrative concerns of each office. Starting this year, the DSWD will be deploying SWATTs to Lebanon, Jordan and Japan. Prior to the deployment of government officers, they are mandated to undergo a pre-deployment training and immersion program that will prepare them to work overseas and cater to the needs of the OFWs.

Given the estimated 2.3 Million total number of OFWs in 2014 by the Philippine Statistics Authority and the additional plantilla positions, the ratio between the OFW and the government personnel to serve them has marginally decreased thereby ensuring the efficient and adequate service provided to OFWs. Thematic Objective 4: To provide urgent medical assistance to migrant workers in the countries of destination; The indicator for this thematic objective shall be the amendment of the Migrant Worker’s Act (RA 8042) and other related legislations. On 10 March 2010, the Philippine Government enacted Republic Act No. 10022, amending the 1995 Migrant Workers and Overseas Filipinos Act. This law strengthens protective measures afforded to migrant workers by increasing the penalties for illegal recruitment; institutes a system for certifying host countries or destinations that provide adequate protection to migrant workers; expands prohibited acts in the recruitment and deployment of workers; provides mandatory insurance coverage to recruitment agency-hired workers; provides a minimum annual budget of Php 100 Million for the Legal Assistance Fund; and institutionalizes the National Reintegration Center with regular plantilla positions and a P50 Million annual budget. In 2012, the Philippines ratified two (2) International Labor Conventions: a) Maritime Labour Convention, 2006 (MLC); and b) Domestic Workers Convention (Convention 189). These Conventions provide for the mandatory health protection, medical care, welfare and social security protection of OFWs. As enabling laws for national implementation Republic Act 10361 (Batas Kasambahay) and Department Order 130 (Rules and Regulations on the Employment of Filipino Seafarers Onboard Philippine registered Ships in International Voyage) were both enacted in 2013. Further, Under DOLE AO 168 s. 2013, the Manual of Operations, Policies and Guidelines for the Philippine Overseas Labor Office (POLO) prescribes the standard procedures in handling welfare cases, admission of OFWs to the Migrant Workers and Other Overseas Filipinos Resource Centers (MWOFRC) including the procurement of medical and hospitalization services.

Thematic Objective 5: To provide social security to migrant workers in their State of employment with the same treatment granted to the nationals of the receiving country; The indicator for this thematic objective shall be the increased number of bilateral social security agreements with other countries.

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As the lead agency in the negotiations of Bilateral Social Security Agreements (SSAs), the Social Security Systems, in collaboration with the Department of Foreign Affairs has negotiated successfully with the following countries: Existing SSAs (effectivity dates) Austria (1982); UK and Northern Ireland (1989); Spain (1989); France (1994); Canada

(1997); Quebec (1998); Netherlands (2001); Switzerland (2004); Belgium (2005)

Signed SSAs, but not ratified Korea (2005) and Israel (2009)

Ratified SSAs, awaiting entry into force Denmark (2012) and Portugal (2012)

Signed SSAs, awaiting ratification Germany (2014) and Luxembourg (2015)

Negotiated SSAs, targeted for signing in 2015 Japan and Sweden

The bilateral agreements have provisions on “totalization of contributions” which addresses the issue of portability. To date, the efforts on making SSS coverage mandatory for all OFWs are included in the proposed amendments to the SSS Charter. Thematic Objective 6: To implement a comprehensive program for the return, resettlement, and cultural reintegration of migrant workers and members of their families; and The indicator for this thematic objective shall be the increased number of OFWs in the National Reintegration Program. Pursuant to Republic Act 10022 and its Implementing Rules and Regulations, the National Reintegration Center for OFWs was institutionalized with regular plantilla positions and a P50 Million annual budget. It provides the mechanism for the OFWs’ reintegration into Philippine society, serves as a promotion house for their local employment, and tap their skills and potentials for national development.

The NRCO prepares the OFWs and their families for their eventual return to the Philippines through a package of services and mechanisms developed and implemented by the government and its social partners.

The agency, together with OWWA provide the following services under the Reintegration programme:

a) Financial Awareness Seminars (FAS) - From 2,557 OFWs benefitted in 2012 and 2,530 beneficiaries in 2013, the FAS project has provided 6, 018 OFWs with the knowledge and skills on financial planning and management of their hard earned earning from overseas employment.

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b) The 2-Billion (OFW-RP) Reintegration Program - The P2B ORP was launched on 7

June 2011 by President Benigno Simeon C. Aquino during the celebration of the

Migrant’ Workers Day and holding of the First National Congress of OFWs and

Families.

The 2-B ORP is a special loan facility of OWWA in partnership with the Land Bank and DBP intended to support enterprise development among OFWs and their families that will provide them with steady income stream to support their needs and create employment opportunities to contribute to community development. It therefore aims to provide OFWs with a sustainable alternative to overseas employment. Loanable amount is Php 300,000.00 up to a maximum of Php 2M.

The OWWA covers 50% of the guarantee fund. For 2015, OWWA expects an increase in the number of loan availees due to the entry of the Development Bank of the Philippines (DBP), and with the amendments to the implementing rules and regulations of the program on the loan ceiling, criteria, among others.

Year No. of Livelihood Projects

Approved Amount Released (in Peso)

2012 390 297,624,000.00 2013 299 245,364,000.00 2014 403 213,120,000.00 TOTAL 1,092 756,108,000.00

c. Balik Pinay! Balik Hanapbuhay! – initiated only in November 2013, is a livelihood

assistance program for distressed/displaced OFW returnees where they can avail of starter kits worth up to Php10,000.00. It aims to assist the beneficiaries to plan, set-up, start and operate a livelihood undertaking through the provision of ready-to-go rollout self-employment package of services, consisting of short-duration trainings, start-up kits/goods, business counselling, technical and marketing assistance. It also enables them to be multi-skilled though access to skills training service assistance by other government institutions like TESDA, DTI, TRC, Agriculture Training Institute of the Department of Agriculture, NGOs, and competent resource persons. It also intends to equip the beneficiaries with skills that are highly in demand in the local labor market to increase their chances to find better job opportunities. Implemented in 2014, the BPBH provided livelihood starter kits to 1,646 distressed OFW beneficiaries. The amount released for BPBH during the first year of implementation totaled to PhP19,621,325.00.

d. Education and Livelihood Assistance Program (ELAP) – implemented in 2010, it

provides financial assistance amounting to PhP15,000.00 given to the surviving

spouse as a livelihood component of the program.

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Year No. of Beneficiaries Amount Released (in Peso) 2012 726 12,400,000.00 2013 1,193 18,330,000.00 2014 1,376 19,622,000.00

e) DOLE Assist WELL Program – implemented in 2014, the Assist WELL program is

provided to OFWs who were repatriated, displaced due to emergency and crisis

situations at the jobsites.

The Assist WELL Program is a component of the National Reintegration Program intended for OFWs who were repatriated from crisis/emergency situations. The Program aims to ensure their successful reintegration. It is a package of reintegration assistance and services implemented by agencies under the leadership of DOLE, to address the Welfare (OWWA), Employment (BLE & TESDA), Legal (POEA) and Livelihood (OWWA and NRCO) needs of the repatriated workers. The Financial Relief Assistance Program (FRAP) is a component of the Assist WELL Program which provides financial relief assistance to repatriated and displaced OFWs to cushion the impact of unemployment and assist in their economic and social adjustment in their respective communities. A one-time grant in the amount of Php 10,000.00 is given to qualified distressed OFW-members to tide them over upon arrival to the country.

Beneficiaries to the FRAP/RAP are repatriated displaced workers from conflict-ridden areas of Libya (2011 and 2014-2015), Yemen (2015), and Syria (2011).

f) Flexi-fund Program - The SSS offers a provident fund scheme as a mechanism

for OFWs to save more and earn higher guaranteed interest for future needs, especially upon their return, that is designed to supplement their benefits under the regular SSS coverage program. From 143, 180 OFWs enrolled in 2011, the program has increased its membership to 181, 348 by the end of 2014.

Thematic Objective 7: To develop adequate measures for the protection and welfare of the children of migrant workers. The indicator for this thematic objective shall be the increased number of assisted children of migrant workers in varying circumstances. The Philippines provides care and protection to children left behind by migrant workers. They may avail of services provided by the Department of Social Welfare and Development, which includes a supplementary feeding program, temporary shelters, alternative parental care and psycho-social services. Children of OWWA members can avail of scholarship programs and can join the OFW Family Circles that serve as support groups.

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Education and Training Benefits An OFW-member or his/her duly designated beneficiaries may avail of various

scholarship programs. Some are subject to a selection process and accreditation of

participating institutions. The beneficiaries/availees of following scholarship programs

are mostly children of OFW members.

1. Education for Development Scholarship Program (EDSP) A scholarship program for qualified OFW dependents consisting of a maximum of PhP60,000.00 (US$ 1,300.00) per school year, leading to a four-to-five year baccalaureate course in any college or university. Year No. of

Beneficiaries No. of Scholars Maintained No. of Graduates

2012 100 443 64 2013 100 308 147 2014 200 381 90 TOTAL 400 2. OFW Dependents Scholarship Program (ODSP)

Scholarship consisting of a maximum of PhP20,000.00 (US$ 440.00) assistance per school year leading to a baccalaureate or associate degree in a state college or university for dependents of OFW-members receiving a monthly salary of not more than US$400.00.

Year No. of Beneficiaries 2012 2,627 2013 2,595 2014 4,637

3. Education and Livelihood Assistance Program (ELAP)

Educational assistance for survivors of a deceased OFW consisting of PhP5,000.00 (US$ 110.00) for elementary, PhP8,000.00 (US$ 180.00) for high school and PHP10,000.00 for college per school year. Year No. of

Beneficiaries No. of Graduates Elementary Secondary Tertiary

2012 2,025 205 225 234 Challenges, lessons learned and areas for improvement

The Philippines is a country of a multilingual population and to educate its people on important concepts without using their local dialects can sometimes prove to be difficult. The DSWD plans on reviewing the implementation of its

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programs. Also, the DSWD views that the development of a community handbook for community service providers to increase public awareness on Human Trafficking would aid to disseminate information on a local community level.

The DFA aims to raise awareness on Trafficking in Persons by training its front liners to identify potential victims of trafficking and situations of trafficking as well as to ensure that its Foreign Service Personnel do not become traffickers themselves, especially towards their own domestic or private staff2.

Provision of timely and effective education and information to migrant workers for better adaptation, and to ease the tensions of temporary migration and the establishment of a sustainable mechanism for the exchange of information and ideas on issues relating to the mobility of workers from the origin and destination countries have been some of the challenges faced by OWWA. To this extent, the OWWA targets August 2015 as its tentative schedule to launch the PDOS-ONLINE for implementation.

Also, the Comprehensive Information and Orientation Programme (CIOP) for Migrant Workers has been approved in 2014, it aims to prepare migrant workers for overseas employment through education and timely information intervention for better adaptation, and to ease the transitions of temporary migration, thereby establishing sustainable mechanism for information exchange between origin and destination countries. It will work within the framework of circular migration and covers pre-departure orientation, post-arrival orientation and reintegration counseling. The first phase is the development of a standard module on pre-departure orientation seminar (PDOS) that will be adopted by the COLOMBO Process Member-States with the support of the GCC countries who are members of the ADD. Technical assistance/project management support is provided by IOM, while financial support is provided by the Swiss Agency for Development and Cooperation (SDC).

The implementation of a shared government information system has proven to be a challenge due to difficulties in data clean-up, harmonization of data and manual conversion of data from different database format to the OFIS prescribed database format. At present, additional funding for the system has already been requested to the Office of the Executive Secretary. The system will push through once funding and data integrity issues are resolved.

The implementation of FLOIS in some of the host countries have proven to be difficult due to the different information and communications technology requirements. The DOLE through the ILAB, has provided the budget to these posts for upgrading internet lease lines and computer hardware.

2 Source: DFA’s Input for the Initial Issue of “Movers.” Movers is the Inter-Agency Council Against

Trafficking/IACAT’s official publication, 2015

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The OWWA Disability benefit for OFWs limits its coverage to work-related disabilities and so, the OWWA is working towards the development of supplementary medical assistance programs for OFWs.

Providing the actual status/progress of policies/programs for migrant workers and their families have continuously been considered as a difficult endeavor. The DOLE, through its concerned agencies will undertake tracer studies to review and assess its programs and projects and to likewise keep track of its beneficiaries.