SEEKING

JUSTICE
DEVELOPING
IMPROVED
OFW FEEDBACK
AND COMPLAINTS
MECHANISMS
Aligning Lenses Toward Ethical Recruitment

This research was funded in full by a grant from the United States Department of State. The opinions, findings and
conclusions stated herein are those of the author[s] and do not necessarily reflect those of the United States
Department of State
TABLE OF
CONTENTS
LIST OF FIGURES
LIST OF TABLES IV
LIST OF ABBREVIATIONS V
GLOSSARY VII

1 EXECUTIVE SUMMARY
RISKS AND VULNERABILITIES OF OFWs 1
NATIONAL COMMITMENT TO INTERNATIONAL 2
NORMS AND APPLICATION IN NATIONAL LAW
THE NATIONAL OPERATIONAL MECHANISMS 2
Comparison of DOLE Internal Monitoring Systems, Case Profiles
4 and Online Presence
4 The Private Recruitment Agencies

BARRIERS IN ACCESSING JUSTICE AND THE 6

CONTRIBUTION OF CIVIL SOCIETY
ORGANIZATIONS
7 Pursuing Cases in Countries of Destination

8 Pursuing Cases in the Philippines

THE CIVIL SOCIETY ORGANIZATIONS 9

THE FRAMEWORK 10
10 Multiple Access Points
10 A Hub for Accountability
11 Tracks for Cases and Complaints
TABLE OF CONTENTS

12 Data for Policy Making and Public Reporting

12 A Unified Communications Program
13 Staff Training
13 Investment in Digital Infrastructure
13 Partnerships with Business and Civil Society Organizations

14 CHAPTER 1
INTRODUCTION 14
1.1 STRUCTURE AND CONTENT OF THE REPORT 15
1.2 ACKNOWLEDGEMENTS 16

17 CHAPTER 2
2.1 THE RISKS OF WORKING IN A FOREIGN COUNTRY 17
Comparison of Benefits Received by International Migrant Workers in their
19 First and Last Countries of Destination

2.2 RECRUITMENT PROBLEMS AND VIOLATIONS 20

20 Pre-Employment: In Country of Origin
24 Employment in Countries of Destination

32 CHAPTER 3
3.1 PHILIPPINE LAW RELATED TO OE, THE OFS AND 32
OFWS
3.2 INTERNATIONAL HUMAN RIGHTS CONVENTIONS 36
AND INTERNATIONAL LABOR STANDARDS 29
37 International Labor Standards
TABLE OF CONTENTS

3.3 THE JOINT AND SEVERAL LIABILITY OF 39

RECRUITMENT AND PLACEMENT AGENCIES WITH
THE PRINCIPAL/EMPLOYER UNDER PHILIPPINE LAW

42 CHAPTER 4
4.1 A HISTORY OF CHANGING ACCOUNTABILITY 43
4.2 THE INTRODUCTION OF THE SINGLE ENTRY 45
APPROACH (SEnA)
4.3 THE PHILIPPINE OVERSEAS EMPLOYMENT 46
ADMINISTRATION
46 Legal Aid and Assistance
49 Conciliation
50 Adjudication
51 Action on Anti-Illegal Recruitment

4.4 OVERSEAS WORKERS’ WELFARE 51

ADMINISTRATION (OWWA)
53 Duration

4.5 THE PHILIPPINE OVERSEAS EMPLOYMENT 53

OFFICE (POLO) AND THE INTERNATIONAL LABOR
AFFAIRS OFFICE
4.6 THE NATIONAL LABOR RELATIONS 57
COMMISSION (NLRC)
4.7 COMPARISONS OF SYSTEMS WITHIN THE DOLE 59
59 Comparison of Internal Monitoring Systems within the DOLE
61 Comparison of the Online Presence and Media Outreach of the DOLE
62 Comparison of Complaints, Cases and Grievances Submitted to DOLE Offices

4.8 THE DEPARTMENT OF FOREIGN AFFAIRS AND 63

THE OFFICE OF THE UNDERSECRETARY FOR
MIGRANT WORKER AFFAIRS (OUMWA)
64 Profile of DFA Cases

4.9 OTHER GOVERNMENT OFFICES 65

TABLE OF CONTENTS

66 CHAPTER 5
5.1 INDUSTRY SIZE 66
5.2 THE DEMAND FOR ETHICAL RECRUITMENT 67
5.3 MANDATORY SELF-REPORTING BY PRAs ON 71
OFWS COMPLAINTS AND CASES
71 Responses to the OWMS

5.4 MANDATORY OFW INSURANCE 73

73 Challenges in Program Implementation

5.5 DUE DILIGENCE IN ETHICAL RECRUITMENT 75

76 Statement of Purpose
76 Choice of Employers and Workers
76 Regular Communication and Access
77 Staff Training
78 Partnerships with In-Country Civil Society Organizations

79 CHAPTER 6
6.1 HELP-SEEKING BEHAVIOUR OF INTERNATIONAL 79
MIGRANTS
81 Reasons for NOT Seeking Help

6.2 BARRIERS TO ACCESS TO JUSTICE OF OFWS 82

82 Pursuing Cases in Countries of Destination
84 Decision Outcomes
85 The Experience in the GCC
86 Pursuing Cases in the Philippines
91 Civil Society Organizations: Facilitating Assistance

6.3 CONTRIBUTIONS OF THE CSOS IN WORKERS’ 92

SEARCH FOR JUSTICE
92 In the Philippines
96 In the Destination Country
98 The Move to Provide Services Digitally
TABLE OF CONTENTS

99 CHAPTER 7
7.1 MULTIPLE ACCESS POINTS 100
7.2 A CENTRAL HUB FOR ACCOUNTABILITY 101
7.3 TRACKS FOR CLUSTERED CASES 102
7.4 DATA FOR POLICY MAKING AND PUBLIC 103
REPORTING
7.5 A UNIFIED COMMUNICATIONS PROGRAM 104
7.6 PARTNERSHIPS WITH BUSINESS AND CIVIL 105
SOCIETY ORGANIZATIONS
7.7 STAFF TRAINING 106
7.8 INVESTMENT IN DIGITAL INFRASTRUCTURE 106
109 OFW Watch

111 ANNEX A. POEA ORGANIZATIONAL

CHART

112 BIBLIOGRAPHY – CITATIONS (APA)

121 PERSONAL INTERVIEWS

– CITATIONS (APA)
LIST OF
FIGURES
Figure 1. Deployed Overseas Filipino Land-based and Sea-based 17
Workers, 2006 to 2017

Figure 2. Types of cases reported to OWWA, based on gender, 25

2020
Figure 3. Distribution of migrant workers experienced and never 29
experienced involuntary work arrangements

Figure 4. Word cloud – Involuntary work arrangements 30

experienced by international migrants

Figure 5. Timeline of the enactment of relevant national laws, 39

the ratification of international conventions, and the
milestones related to the Joint and Solidary Liability
(JSL) mechanisms
Figure 6. Status of complaints/ cases received by OWWA, 52
2020
Figure 7. Licensed Private Recruitment and Manning Agencies, 67
By category of license, 1982-2021

Figure 8. Help-seeking behaviour of those experiencing 80

involuntary work arrangements, based on gender

Figure 9. International migrant’s engagement in migrant 92

associations
Figure 10. Improved framework on complaints mechanisms 99
for OFWs
Figure 11. Image gallery of agencies’ online portals for access 105
of migrant workers
LIST OF
TABLES
TABLE 1. Comparison of job benefits of international migrants 19
in the first and last countries of destination, age 15
and over
TABLE 2. Prosecution of illegal recruiters, 2014 to 2020. 22
TABLE 3. Surveillance and special operations, 2014 to 2020. 22
TABLE 4. Filipino Migrant Workers in Qatar/KSA – On 23
employment contract

TABLE 5. Types of Cases Reported to the Philippine Overseas 24

Labor Offices (POLO), 2018.

TABLE 6. Filipino Migrant Workers in Qatar/ KSA – On getting 26

paid regularly.

TABLE 7. Filipino Migrant Workers in Qatar/KSA – On rights 28

violations.
TABLE 8. Filipino Migrant Workers in Qatar/KSA – Types of 29
rights violations.

TABLE 9. Number of individuals assisted by POEA LAD, 48

January-November 2020.

TABLE 10. Ranking of GCC POLO posts in number of reported 56

cases to the POLOs, 2018.

TABLE 11. Ranking of GCC posts in terms of cases/OFW 56

population, 2018.

TABLE 12. Performance Indicators of the NLRC comparison 58

of targets and actual performance, 2017.

TABLE 13. Number of cases received and disposed (2015-2020) 58

TABLE 14. Amount of money claims awarded to land-based and 59
sea-based OFWs (2015-2020)
LIST OF TABLES

TABLE 15. Licensed Private Recruitment and Manning Agencies, 67

By category of license, 1982-2015.

TABLE 16. Comparison of insurance coverage of international 74

migrants in the first and last countries of destination,
age 15 and over.

TABLE 17. Reasons for not seeking help, in percent 81

TABLE 18. Top 15 categories of cases, CMA. 93
TABLE OF CONTENTS

LIST OF
ABBREVIATIONS
ASEAN Association of Southeast Asian Nations
ATN Assistance to Nationals
BFO Blas F. Ople Policy Center and Training Institute
BI Bureau of Immigration
CEDAW Convention on the Elimination of All Forms of Discrimination
Against Women
CFO Commission on Filipinos Overseas
CHR Commission on Human Rights Philippines
CMA Center for Migrant Advocacy
CMW Committee on Migrant Workers (UN Office of the High
Commissioner for Human Rights)
CSO Civil Society Organization
DAWN Development Action for Women Network
DepEd Department of Education
DFA Department of Foreign Affairs
DOH Department of Health
DOJ Department of Justice
DOLE Department of Labor and Employment
DOT Department of Tourism
DSWD Department of Social Welfare and Development
FLOIS Foreign Labor Operations Information System
FRA Foreign Recruitment Agency
GCC Gulf Cooperation Council
GPB Government Placement Branch
HSW Household Service Worker
LIST OF ABBREVIATIONS

IACAT Inter-Agency Council Against Trafficking

ICT Information and Communication Technology (Branch)
ILAB International Labor Affairs Bureau
ILO International Labour Organization
IOM International Organization for Migration
IPAMS Industrial Personnel and Management Services Inc.
JSL Joint and Several Liability / Joint and Solidary Liability
KSA Kingdom of Saudi Arabia
LGU Local Government Unit
MFA Migrant Forum in Asia
MOM Ministry of Manpower (Singapore)
NBI National Bureau of Investigation
NGO Non-Government Organization
NLRC National Labor Relations Commission
NMS National Migration Survey
NSO National Statistics Office
OE Overseas employment
OEC Overseas Employment Certificate
OF Overseas Filipino
OFW Overseas Filipino Worker
OUMWA Office of the Undersecretary for Migrant Worker Affairs
OWMS OFW Welfare Monitoring System
OWWA Overseas Workers Welfare Administration
PAOS Post-Arrival Orientation Seminar
PASEI Philippine Association of Service Exporters Inc.
LIST OF ABBREVIATIONS

PDOS Pre-Departure Orientation Seminar

PEOS Pre-Employment Orientation Seminar
PhilHealth Philippine Health Insurance Corporation
POEA Philippine Overseas Employment Administration
POLO Philippine Overseas Labor Office
PRA Philippine Recruitment Agency
SEA Southeast Asia
SEnA Single-Entry Approach
SSS Social Security System
TESDA Technical and Skills Development Authority
TIP Trafficking in Persons
UN United Nations
UP-CIFAL University of the Philippines - International Training Centre
for Authorities and Leaders (French: Centre international de
formation des autorites et leaders)
GLOSSARY
Access to Justice
“The ability of people to seek and obtain a remedy through formal or informal institutions
of justice, and in conformity with human rights standards.” (United Nations Development
Programme, Programming for Justice: Access for All: A Practitioner’s Guide to Human
Rights-Based Approach to Access to Justice, 2005).

Adjudication
“The legal process of resolving a dispute. The formal giving or pronouncing of a judgment
or decree in a court proceeding; also the judgment or decision given. The entry of a decree
by a court in respect to the parties in a case. It implies a hearing by a court, after notice, of
legal evidence on the factual issue(s) involved. The equivalent of a determination. It indicates
that the claims of all the parties thereto have been considered and set at rest.” (adjudication.
(n.d.). West’s Encyclopedia of American Law, edition 2. (2008). Retrieved June 15, 2021,
from https://legal-dictionary.thefreedictionary.com/adjudication)

Agency-hired worker
“An OFW is agency-hired if he/she availed of the services of a recruitment/manning agency
duly authorized by the Department of Labor and Employment (DOLE) through the
Philippine Overseas Employment Administration (POEA).” (Department of Finance;
Insurance Commission. (2017). Agency-Hired OFW Compulsory Insurance: Frequently
Asked Questions (FAQs). https://www.insurance.gov.ph/static/OFW/downloads/
OFW%20FAQs%20-%20English.pdf.2017.06.08.pdf)

Bilateral labor migration agreements

Formal mechanisms concluded between States, which are essentially legally binding
commitments concerned with inter-State cooperation on labor migration. The term is also
used to describe less formal arrangements regulating the movement of workers between
countries entered into by States, as well as a range of other actors, including individual
ministries and employer organizations.

Case
“A general term for any action, Cause of Action, lawsuit, or controversy. All the evidence
and testimony compiled and organized by one party in a lawsuit to prove that party's
version of the controversy at a trial in court.” (case. (n.d.) West's Encyclopedia of American
Law, edition 2. (2008). Retrieved May 12, 2021, from https://legal-
dictionary.thefreedictionary.com/case). This is in relation to a complaint, defined in legal
terms as “a formal statement initiating a lawsuit by specifying the facts and legal grounds for
the relief sought.” (complaint. (n.d.) American Heritage Dictionary of the English Language,
Fifth Edition. (2011). Retrieved June 15, 2021, from https://www.thefreedictionary.com/
complaint)
Conciliation / Conciliation-mediation
“Conciliation-mediation is a mode of dispute settlement that brings together two disputing
parties to negotiate and settle their differences. It is a process of rational and orderly
discussion of differences between the parties to a dispute under the guidance of a
Conciliator-Mediator,” (Department of Labor and Employment, n.d.).

Contractual labor
Labor supplied for a specific purpose over a fixed period of time by a contractor.

Detention
The deprivation of liberty for migration-related reasons. This entails “the act of retaining a
person or property, and preventing the removal of such person or property.” (detention.
(n.d.) A Law Dictionary, Adapted to the Constitution and Laws of the United States. By
John Bouvier. (1856). Retrieved June 15, 2021, from https://legal-
dictionary.thefreedictionary.com/detention), such as being detained in jail.

Direct hire worker

Also referred to as name hires, the Department of Foreign Affairs refers to this as “Filipino
workers who are able to secure an overseas employment opportunity with an employer
without the assistance or participation of any agency. They may have been directly
contacted by a foreign employer by referral or have directly applied to their company.”

Displacement
A forced removal of a person from his/her home or country, often due to armed conflict
or natural disasters.

Documented migrant worker

A migrant worker or members of his/her family authorized to enter, to stay and to engage
in a remunerated activity in the State of employment pursuant to the law of that State and
to international agreements to which that State is a party (International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families, 1990).

Emigration
The act of departing or exiting from one State, with a view to settle in another.
International human rights norms provide that all persons should be free to leave any
country, including their own, and that only in very limited circumstances may States impose
restrictions on the individual’s right to leave its territory.

Ethical recruitment
According to the IRIS Ethical Recruitment Standards, ethical recruitment is defined as
“hiring workers lawfully, and in a fair and transparent manner that respects and protects
their dignity and human rights.” (International Organization for Migration. (2019). The IRIS
Standard.). The IRIS Standard outlines seven basic principles that constitute ethical
recruitment, and these are: respect for laws, fundamental principles and rights at work,
respect for ethical and professional conduct, prohibition of recruitment fees to jobseekers,
respect for freedom of movement, respect for transparency of terms and conditions of
employment, respect for confidentiality and data protection, and lastly, respect for access
to remedy.
GLOSSARY

Foreigner / Non-national
A person belonging to, or owing an allegiance to, another State.

Grievance
“A wrong considered as grounds for complaint”, additionally, a “complaint or resentment,
as against an unjust act.” (grievance. (n.d.) Random House Kernerman Webster’s College
Dictionary. (2010). Retrieved June 15, 2021, from https://www.thefreedictionary.com/
grievance)

Hazard
A process, phenomenon or human activity that may cause loss of life, injury or other health
impacts, property damage, social and economic disruption or environmental degradation.

Illegal recruitment
Taking the definition from the Migrant Workers Act of 1995 or R.A. 8042, “…illegal
recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing,
hiring, procuring workers and includes referring, contact services, promising or advertising
for employment abroad, whether for profit or not, when undertaken by a non-license or
non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442,
as amended, otherwise known as the Labor Code of the Philippines.” (An act to institute
the policies of overseas employment and establish a higher standard of protection and
promotion of the welfare of migrant workers, their families and overseas Filipinos in
distress, and for other purposes, Rep. Act No. 8042, § 6 (1995), O.G. (Phil.))

Immigration
A process in which non-nationals move into a country for the purpose of settlement.

Injury
“Any harm done to a person by the acts or omissions of another. Injury may include physical
hurt as well as damage to reputation or dignity, loss of a legal right, or breach of contract.
If the party causing the injury was either willful (intentionally causing harm) or negligent
then he/she is responsible (liable) for payment of damages for the harm caused.
Theoretically, potential or continuing injury may be prevented by an order of the court
upon a petition for an injunction.” (injury. (n.d.) The People's Law Dictionary. (1981-2005).
Retrieved May 12, 2021, from https://legal-dictionary.thefreedictionary.com/Injury)

Involuntary work arrangements

Refers to the “experience of negative work conditions that are not of the workers’ own
making and that they, in all likelihood, neither expected nor acceded to voluntarily,”
(National Migration Survey, 2018).
GLOSSARY

Irregular migrant / Irregular status

A person who, owing to unauthorised entry, breach of a condition of entry, or the expiry
of his or her visa, lacks legal status in a transit or host country. The definition covers inter
alia those persons who have entered a transit or host country lawfully but have stayed.

Joint and solidary liability

“’Joint and solidary liability’ in this context means that both the private recruitment/
placement agency and the foreign principal/employer can be held individually liable for the
entire amount of claim or obligation due to the overseas Filipino worker.” (Migrant Forum
in Asia, 2014).

Low-skilled migrant worker

There is no internationally agreed definition of a less- or low-skilled migrant worker. A low-
skilled worker is considered to be a person who has received little training or, having not
received any training, has acquired his/her competence on the job.

Migrant worker
A person who is to be engaged, is engaged, or has been engaged in a remunerated activity
in a State of which he/she is not a national. (Art. 2 (1), International Convention of the
Protection of the Rights of All Migrant Workers and Members of Their Families, 1990).

National
A person who, either by birth or naturalization, is a member of a political community,
owing allegiance to the community and being entitled to enjoy all its civil and political rights
and protection; a member of the State, entitled to all its privileges; a person enjoying the
nationality of a given State.

Post-arrival / Onsite
The period in the migration journey when the worker arrives and starts work at the
country of his/her employment.

Pre-departure
The period in the migration journey when the worker has entered into a foreign
employment contract and is preparing to leave for the worksite.

Pre-employment
The period in the migration journey when a person is considering foreign employment, but
has not applied for a job opening.

Receiving country / Country of destination / State of destination

The country that is a destination for migratory flows.
GLOSSARY

Remedy
The legal processes aimed at redressing the violation of a right, as well as the substantive
outcome of such a process.

Remittances
Monies earned or acquired by non-nationals that are transferred back to their country of
origin.

Repatriation
The personal right of a prisoner of war, civil detainee, refugee, or of a civilian to return to
his or her country of nationality under specific conditions laid down in various international
instruments.

Return
The personal right of a prisoner of war, civil detainee, refugee, or of a civilian to return to
his or her country of nationality under specific conditions laid down in various international
instruments.

Return and Reintegration

The period in the migration journey when a worker prepares to return or is newly resettled
in the home country.

Risk
The possibility of loss or injury (risk. 2011. In Merriam-Webster.com. Retrieved May 12,
2021, from https://www.merriam-webster.com/dictionary/risk)

Seafarer
In the migration context, the term refers to a migrant worker employed on board a vessel
registered in a State, of which he/she is not a national (includes persons on shipping vessels).
(Article 2.2, International Convention on the Protection of the Rights of All Migrant
Workers and members of Their Families, 1990).

Sending country / Country of origin / State of origin

The country that is a source of migratory flows.

Skilled migrant / Skilled worker

A migrant worker who, because of his/her skills or acquired professional experience, is
usually granted preferential treatment regarding admission to a host country (and is,
therefore, subject to fewer restrictions regarding length of stay, change of employment, and
family reunification).
GLOSSARY

Trafficking in Persons
The recruitment, transportation, transfer, harbouring or receipt of persons, by means of
the threat or use of force or other forms of coercion, of abduction, of fraud, of deception,
of the abuse of power, or of a position of vulnerability, or the giving or receiving of
payments or benefits to achieve consent of a person having control over another person,
for the purpose of exploitation. (Art. 1(a), UN Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, Supplementing the UN Convention
Against Transnational Organized Crime). Trafficking in persons can take place within the
borders of one State or may have a transnational transfer.

Treaty
“An international agreement concluded between States in written form and governed by
international law, whether embodied in a single instrument or in two or more related
instruments and whatever its particular designation.” (Art 2.1 (a) Vienna Convention on the
Law of Treaties, 1969).

Undocumented migrant / Undocumented worker

A non-national who enters or stays in a country without the appropriate documentation.
This includes, among others: a person (a) who has no legal documentation to enter a
country but manages to enter clandestinely, (b) who enters or stays using fraudulent
documentation, (c) who, after entering using legal documentation, has stayed beyond the
time authorized or otherwise violate the terms of entry and remained without
authorization.
Violence against women
“Any act of gender-based violence that results in, or is likely to result in, physical, sexual, or
psychological harm or suffering to women, including threats of such acts, coercion or
arbitrary deprivation of liberty, whether occurring in public or in private life.” (Art. 1,
Declaration on the Elimination of Violence against Women, 1993).

Vulnerability
Within a migration context, vulnerability is the limited capacity to avoid, resist, cope with,
or recover from harm. This limited capacity is the result of the unique interaction of
individual, household, community, and structural characteristics and conditions.

SOURCES

Association of Southeast Asian Nations (ASEAN). (2017). Terminologies Used Throughout the Compendium:
In Compendium on Migrant Workers' Education and Safe Migration Programmes. ASEAN.

International Organization for Migration. (2004). Glossary on migration. United Nations Publications.

International Organization for Migration & Scalabrini Migration Center. (2013). Country Migration Report:
The Philippines 2013.

United Nations Development Programme. (2005). Introduction to Access to Justice. In Programming Justice:
Access for All: A Practitioner's Guide to a Human Rights-Based Approach to Access to Justice.
0
EXECUTIVE
SUMMARY
Seeking Justice: Developing Improved OFW Feedback and Complaints Mechanisms is a research report organized
under the “Aligning Lenses Towards Ethical Recruitment” (ALTER) project, a joint endeavour of the International
Organization for Migration (IOM) and the Blas F. Ople Policy Center and Training Institute, Inc. ALTER’s aim is to
reduce the prevalence of human trafficking and labor exploitation among Overseas Filipino Workers (OFWs)
through increased access to ethical recruitment channels. The research report contributes to a key ALTER outcome
– that the Government of the Philippines, the private recruitment agencies and the civil society organizations are
able to capture and effectively address more worker grievances through a streamlined and improved worker
feedback mechanism and case management capabilities.

In preparing this report, the research team undertook an extensive desk review and conducted personal interviews
with over 40 migration experts from different stakeholders in government, the private sector, and civil society
organizations (CSOs) in the Philippines and the Gulf Cooperation Council (GCC) (January to March 2021). Seeking
Justice’s preliminary findings were shared in three validation workshops involving over a hundred participants: one
with the Philippine Overseas Employment Administration (POEA) and government officials, a second with the
Private Recruitment Agency (PRA) sector, and a third with academics and CSOs. It is unfortunate that the actual
number of Filipino OFWs directly interviewed for this report are only a few; it is our hope that the interviews with
the migrant associations compensate for and provide the voices of affected migrants.

A key challenge in undertaking this study has been the lockdown and limited mobility resulting from the COVID-19
pandemic. Arranging interviews and the follow-ups proved difficult where the government’s work-from-home
arrangements were in place. Obtaining data reports and samples of overseas employment forms was especially
challenging. Comparing data and information from different sources was not possible with the lack of
standardization of definitions and classification of cases.

RISKS AND VULNERABILITIES OF OFWS

Each year, over a million Filipinos choose to work abroad, either in first-time employment or in a renewal
or extension of an overseas work contract. This choice, by and large, is voluntary and decided on many
factors, including the availability and quality of local employment opportunities, as well as family
considerations. For many workers, overseas employment has upgraded the quality of life of their families.
Filipino households with overseas workers consistently show a larger satisfaction in their current life and
express greater optimism for the future than non-OFW households.

Still, the decision to have/continue with overseas employment has its risks, whether these are
environmental (such as the general levels of treatment and discrimination faced by migrants in their new
countries of employment) and specifically, where the foreign countries’ laws and processes relating to
employment and working conditions are inconsistent or incompatible with Filipino standards and

1
EXECUTIVE SUMMARY

practice. Workers’ occupations matter. It is likely that professionals and highly technical workers have
better terms and conditions of work than the lower-skilled workers such as cleaners and construction
workers. Gender matters. Women migrants experience situations of gender-based discrimination and
violence distinct from male migrants. There are also personal and familial risks involved for all overseas
workers, as long periods of separation from the homeland present risks of losing affection and ties with
families and social networks.

The profile of OFWs in recent years reveals increased vulnerability, especially of its newly-hired (first-
time) workers for lower-skilled jobs from regions farther away from city centres. In 2018/2019, the
POEA registered over 300,000 workers with first-time contracts. Seventy percent (70%) of those
engaged in these contracts were women, hired as household domestic workers, mainly destined for the
Middle East. The women were recruited in the Visayas and Mindanao, much farther away from the
Manila urban centre. As first-time workers, many of the new hires are unfamiliar with the working
environments of the countries of destination and are less able to negotiate the terms and conditions of
work.

NATIONAL COMMITMENT TO
INTERNATIONAL NORMS
AND APPLICATION IN NATIONAL LAW
Philippine law and jurisprudence has established a strong foundation for government migration policy,
institutions and programs. The protection of the country’s overseas workers is enshrined in the 1987
Philippine Constitution and the long-standing migration jurisprudence. The country has also positioned
itself as a global advocate in promoting migrant workers’ rights and OFW interests. The country has
ratified international standards that include global human rights conventions and international labor
standards.

Perhaps unique globally, the Philippines established the provision on joint and solidary liability (JSL)
applied in the licensing of private recruitment, which means that both the private recruitment/placement
agency and the foreign principal/employer can be held individually liable for the entire amount of claim
or obligation due to the OFWs. The JSL, now embedded in legislation and Supreme Court decisions, is
controversial among different stakeholders. It is, however, the lynchpin of the Philippine redress
mechanisms. Without it, the Philippines would have limited jurisdiction of cases when the violations may
be occurring in a foreign country.

THE NATIONAL OPERATIONAL

MECHANISMS
The Department of Labor and Employment (DOLE) and its specialized agencies are the lead
organizations hosting the complaints and grievance mechanisms for OFWs, providing legal assistance,

2
EXECUTIVE SUMMARY

conciliation services and adjudication to resolve and achieve just and fair outcomes. The Department of
Labor and Employment’s International Labor Bureau (ILAB) and the international labor corps, and the
specialized agencies, the Philippine Overseas Employment Administration, the Overseas Workers’
Welfare Administration (OWWA) and the National Labor Relations Commission (NLRC), serve as the
front-liners in addressing the legal needs of Filipino migrant workers, primarily those legally hired through
private recruitment agencies. The recourse of OFWs hired through the government placement bureau
and those directly hired is ambiguous. The OWWA, especially during emergency repatriations and in
situations of severe distress, is also able to attend to the concerns of all OFWs regardless of status.

Today (2021), the NLRC retains this original and exclusive jurisdiction. The cases that are brought to the
NLRC are mostly cases involving agency-hired workers, covering workers whose contracts were
processed as new hires at the POEA. Still excluded are case violations of government-to-government
hires, direct hires and undocumented workers, as well as those who are considered as rehires in the
overseas employment program. The POEA retains jurisdiction over “disciplinary cases; and all pre-
employment cases which are administrative in character involving or arising out of violation of
recruitment laws, rules and regulations including money claims arising therefrom, or violation of the
conditions for issuance of license or authority to recruit workers”, as provided in Executive Order No.
247.

While the jurisdiction of overseas employment cases lies with the POEA and NLRC, all overseas cases
form part of the DOLE’s administrative dispute resolution mechanisms and are covered by the Single
Entry Approach (SEnA). First introduced through DOLE’s Department Order 107-10 and later
institutionalized with the passage of RA 10396 in 2013, the SEnA is an administrative approach to
provide a speedy, impartial, inexpensive and accessible settlement procedure of all labor issues or
conflicts to prevent them from developing into full-blown disputes or actual labor cases. The SEnA aims
to obtain the amicable settlement of the dispute among the differing parties wherein a neutral party, the
SEnA Desk Officer (SEADO), assists the parties by giving advice or offering solutions and alternatives to
the problems. SEnA action desks have been set up at DOLE regional offices, the National Conciliation
and Mediation Board (NCMB), the NLRC, the POEA and the OWWA. The Philippine Overseas Labor
Offices (POLOs) in the OFWs’ countries of destination are also considered as SEADOs.

In the Department of Foreign Affairs (DFA), the Philippine Embassy provides a safe haven for many
Filipinos in times of need and crisis. In 1993, the Philippine Government mandated that a country team
approach be adopted by all foreign service posts in the conduct of development diplomacy. The measure
intended to ensure the efficient and effective delivery of services to overseas Filipinos, according to RA
8042 as amended by RA 10022. All officers, representatives and personnel of the Philippine Government
posted abroad regardless of their mother agencies shall, on a per country basis, act as one mission under
the leadership of the Ambassador. In the DFA hierarchy, the Office of the Undersecretary for Migrant
Workers Affairs (OUMWA) serves as the pivotal office in the DFA in monitoring Filipino migrant
workers’ welfare. To effect a cohesive and effective delivery of government services to overseas Filipinos,
particularly those in distress, the DFA with the DOLE, the Department of Health (DOH), the
Department of Social Welfare and Development (DSWD) and also the Department of Education
(DepEd) jointly prepared a Joint Manual of Operations in Providing Assistance to Migrant Workers and
Other Filipinos Overseas.

The DFA administers the Legal Assistance Fund. The fund is used to pay for legal services of migrant
workers and overseas Filipino in distress, specifically for fees for foreign lawyers, bail bonds, court fees
and charges, and other litigation expenses.

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COMPARISON OF DOLE INTERNAL

MONITORING SYSTEMS, CASE
PROFILES AND ONLINE PRESENCE
Three DOLE offices – the POEA, OWWA and ILAB – and the NLRC have internal tracking
systems to monitor the performance of their individual units that are associated with complaints
mechanisms. These systems are not fully operational in each of the offices, and because of
differences in systems and technology, the monitoring systems are not able to link to nor
communicate with each other.

The overseas employment offices (POEA, OWWA and ILAB/POLO) have been updating and
upgrading their online presence for some time now to improve workers’ reporting of complaints
and concerns. The POEA and OWWA both established hotlines in 2009. Currently, there is no
information on the extent of use of these hotlines. There has been no prior analysis of the
queries, concerns and complaints sent through the telephone hotline numbers, in particular,
whether these were simple information queries or those requiring urgent action.

The pandemic lockdown “forced” a greater reliance on digital platforms such as Facebook. The
use of the Facebook pages has emerged as an important entry point for workers’ complaints and
grievances. The use of these applications greatly improved workers’ ability to connect with
government institutions regarding their complaints and grievances.

Based on interviews conducted for this research, the actual number of cases/complaints received
and acted upon by the DOLE is difficult to compare because of different data constructs and
where available, the data involve different years. The POEA reported a total of nearly 8,000 legal
assistance requests in 2020, the comparable figure from the OWWA is 4,663. The Adjudication
Office claims that their cases average 5,000 to 8,000 a year. The NLRC figures date to 2017, as
the Commission reported 57,000 cases but did not separate local from overseas employment
figures.

The most frequent concerns of all DOLE offices involve overseas worker contract violations,
primarily the non-payment of wages and benefits, and maltreatment being the second main type
of cases brought to the DOLE. The POEA’s Adjudication Office reports cases against agencies
consisting mainly of recruitment violations from misrepresentation relating to breaches of the
employment contract, such as non-payment or delay in wages and failure to give end-of-contract
benefits, vacation leaves, bonuses, etc.

THE PRIVATE RECRUITMENT AGENCIES

PRIVATE RECRUITMENT AGENCIES
The expansion of the Philippine overseas employment program is attributable to the positively
strong reputation of the overseas Filipino workforce and the drive and energy of the country’s
private business sector. The Philippine recruitment industry in 2019 consisted of, at its core, the
800 or so private placement agencies and manning companies facilitating employment for land-
based and seafaring workers.

In addition to the Philippine private recruitment agencies, this international trade of employment
services counts on thousands of diverse firms providing pre-departure orientation services and

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medical testing or supplying insurance coverage. There are also many trade and testing centres
dedicated to supporting the overseas employment program in skills certification, training and
testing for thousands of aspiring overseas workers. Many private travel agencies also benefit from
overseas employment recruitment and placement.

The movement for fair and ethical recruitment of migrant workers has expanded in recent years.
For the business sector, there are reputational and financial incentives for engaging in ethical
recruitment, beyond the fundamental respect of human rights. It is the belief that the cost of
ethical recruitment is nominal or marginal to the overall project cost; it can actually be more cost-
effective for employers to practice responsible recruitment. For example, companies’
reputational risks are extremely high when migrant workers are seen to work under substandard
work contracts. The costs of delays, dismissals and replacement of poorly trained or
inexperienced workers are also quite high when workers have been selected on the basis of their
willingness to pay excessive fees rather than on their personal merit.

Among Philippine recruitment agencies, the negative financial impact of the JSL has been
considerable, not only in terms of the responsibility for workers’ money claims but also in terms
of the opportunity costs caused by suspension of business processing and other distractions. As
a result, different-sized agencies now pay greater attention to due diligence approaches in their
recruitment operations. Their operational goal is to identify affected workers quickly and seek an
early settlement of the disputes. Achieving that requires communication and access to the placed
workers to avoid formal and extended disputes.

Regardless of size, sector, operational context, ownership and structure, private recruitment
companies have the means to undertake ethical recruitment and assume the responsibility for the
redress of workers’ grievances. However, the scale and complexity of the means used by the
business sector may vary according to their size and other factors.

Among the measures adopted by the PRAs include: a company statement of purpose, the careful
choice of employers and workers, staff training, and partnerships with CSOs. The important
measure has been the practice of establishing clear communication channels that encourage
workers to report violations or issues of concern. In several recruitment companies, the OFWs
access a Facebook page (usually the same one they used when workers’ applied) or a company
email. Among agencies with a large number of placements, the companies have developed
internal reporting systems that allow the early identification and resolution of complaints in both
the Philippines and in the countries of destination.

The POEA now requires private recruitment agencies to participate in the OFW Welfare
Monitoring System (OWMS). It is a web-based system developed and introduced by the POEA
in 2018 as a tool to assist agencies in reporting the status of workers they have placed in foreign
assignments. The Workers’ Education and Welfare Monitoring Division (WEWMD) is the unit in
charge of implementing the OWMS and the evaluation and analysis of its reports. The OWMS is
currently operational, with 95% of PRAs reporting on the situation of their workers.

The WEWMD monitors two types of reports: (a) the regular quarterly reports on workers’
status, and (b) special reports indicating significant events, submitted no more than five days after
the event. Regular reports are accomplished for cases that fall under normal or good working
conditions with no serious incident. Significant onsite events may include: deaths, injury,
detention, accidents, runaway workers, missing workers, desertion, emergency disembarkation
for medical attention, disembarkation, repatriation, and sea piracy, among others. The Philippine
recruitment agencies have had serious difficulty in complying to the reporting requirements of
the POEA for its deployed workers, especially when the responsibility can run over two years of
placements.

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Through an amendment of the 1995 The Migrant Workers and Overseas Filipinos Act (RA No.
10022, 2010), all OFWs hired through private recruitment agencies are required to have an OFW
Mandatory Insurance Coverage. Offered by only seven designated Philippine insurance providers,
the compulsory insurance policy is effective for the duration of the migrant worker’s employment
contract. It shall cover, at the minimum, accidental death, natural death, permanent total
disablement, repatriation cost, subsistence allowance, money claims, compassionate visit, medical
evacuation, and medical repatriation. The costs of the mandatory insurance policy are to be
borne by the employer or his/her agent.

The protection of migrant workers through a well-implemented insurance program offers

increased protection against the personal and contractual risks of overseas employment. On the
personal level, insurance covers the OFW against the risks of accident, illness and death.
Insurance can also protect the OFW against the risks of contract violations, including the non-
payment and delayed wages, unjustified contract terminations, among others. This insurance
protection also serves the PRA as a useful buffer to absorb the costs of the JSL decisions against
an employer/PRA.

However, the extent to which the OFW mandatory insurance scheme has been successful is not
known. Under RA 10022 of 2010, the OFW mandatory insurance program was expected to
have an assessment and evaluation after the first three years of program implementation. In
addition, the DOLE and the Insurance Commission were required to publish annual reports on
the extent of beneficiaries’ claims and payouts. Information on the evaluation and subsequent
publication of the reports is not available. There is a need for greater clarity, transparency and
accountability surrounding the mandatory insurance program.

BARRIERS IN ACCESSING JUSTICE

AND THE CONTRIBUTION OF CIVIL
SOCIETY ORGANIZATIONS
Access to justice or access to redress is a basic human right across all the core international human rights
treaties and forms an integral part of Philippine legislation for the protection of migrant workers. Access
to justice means that citizens are able to use justice institutions to obtain solutions to their common
justice problems. For access to justice to exist, justice institutions must function effectively to provide
fair solutions to citizen justice problems.

In this context, the 2018 National Migration Survey (NMS) data on the help-seeking behaviour of

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international migrants is not surprising. Among the respondents who have experienced involuntary
work arrangements that include some of the worst forms of migrant abuse, only a third (28.6%) sought
help. The percentages of men and women seeking help are similar; however, men and women sought
help from different sources. And among those who did seek help, an even smaller number filed a
complaint or a case against the employer. There many reasons for not seeking help, of which fear and
intimidation are quite important. There is the disturbing sense of helplessness and resignation among the
respondents, an acceptance that taking action would not result in significant positive change.

In migration, enforcement of contractual rights is particularly relevant to migrant workers who enter
into private contracts with employers and foreign and local recruitment agents. By ensuring enforcement
and compliance, the State strengthens the rule of law by increasing the accountability of private and
government actors.

PURSUING CASES IN COUNTRIES

OF DESTINATION
There are important differences in the ways that foreign migrant workers are treated in different
countries of destination. As OFWs seek work in many different countries, individual workers
need to have a good understanding of how the workers’ rights are respected by all stakeholders:
governments, private recruitment agencies and CSOs in these countries of destination. For
example, it would be fair enough to say that Southeast Asian countries have different systems of
migration governance from those of the GCC. Nevertheless, there are still problems experienced
by OFWs in Southeast Asian countries in pursuing their complaints and grievances in these
countries.

The Hong Kong Federation of Asian Domestic Workers Unions (FADWU)’s “Price of Justice”
research and publication (2019) looked into the migrant workers’ hesitation to access Hong
Kong’s redress mechanisms. The study identified the practical and procedural problems of the
migrant workers in accessing remedy. The primary barrier that workers faced was the risk of
losing their foreign employment. Migrant domestic workers in Hong Kong who make a complaint
against their employers might lose their employment and with this loss, they also might not have
a place to stay and thus be responsible for their own living expenses. This is due to Hong Kong’s
mandatory live-in requirement that compels all migrant domestic workers to reside in their
employer’s residence. With an average of 58 days to prosecute claims, the prospect of paying
their living costs for weeks and months while not being able work makes the process extremely
expensive.

Migrant workers with complaints would file a case at the Hong Kong Labor Tribunal, described
as a “quick, informal and inexpensive way of settling monetary disputes between employees and
employers” in which parties “are encouraged to explore settlement as a means of resolving their
dispute”. Further, the research shows that on average, workers obtain just 40% of what they
claimed. The migrant worker complainants accepted even sub-standard settlements for several
reasons. The complainants urgently needed the money, they could not afford to stay longer in
Hong Kong without any guarantee that they could recoup the money. Others needed to work
again so that they could provide for their family. In 2018, 72% of the claims involving migrant
domestic workers were settled at the conciliation stage.

Migrant workers in the GCC face nearly insurmountable barriers in pursuing their cases and
complaints in the GCC countries. In pursuing complaints against their employers, there is a
serious imbalance of power favouring the employer under the GCC employer sponsorship

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system, better known as the kafala. Under the kafala, employers govern the workers’ entry into
the country, the renewal of residence permits, the termination of employment, the transfer to
different employers, and the exit from the country. Unlike in Hong Kong, terminated workers do
not have the option to transfer employers without the consent of the current employer and in
this situation, they only seek their repatriation to the Philippines.

CSOs are not consistently accepted in the GCC, with some organizations closely monitored for
security reasons. The Catholic Church has taken up the provision of much of the resources
through church missions to provide short term assistance to workers – food, temporary shelter,
and maybe even some part-time work.

Seeking justice in the destination country’s hardly understood institutions and fragmented laws
and policies is often considered untenable, especially when the workers are confronted with
unfriendly immigration and work permit processes. The opportunity to pursue the case in the
Philippines is often the only option.

PURSUING CASES IN THE PHILIPPINES

OFWs pursuing cases in the Philippines are likely those who have already been returned or
repatriated to the Philippines. JSL, now institutionalized by law and reaffirmed by the Supreme
Court, is a powerful tool when claimants to justice are denied the opportunity in the host
countries. Though the Philippine State may not be able to call employers to testify or seize assets
as part of compensation, the State via the POEA can compel the recruitment agencies to answer
and seize cash and surety deposits for these obligations. In practice, private recruitment agencies
advance the costs of repatriation and arrange compromise agreements, with the expectation that
the mandatory insurance coverage of OFWs can reimburse most, if not all, of these costs.
Recourse to the JSL is limited to those OFWs who are hired through licensed recruitment
agencies.

The financial pressure on OFWs are not any less demanding. An early return home would mean
unpaid debts and the loss of savings and the ability to support family consumption, including
education. The pressure to find new employment, preferably another overseas assignment, would
be relentless.

There are also significant costs involved in pursuing cases and grievances. In addition to the
opportunity cost – as filing and following up on cases take time away from a job search or starting
a new job – the OFW would need financial and time resources for getting professional services
for legal assistance, especially if the cases are presented at the NLRC or as the cases enter the
formal judicial system. There are also expenses for documentation, such as providing proof of the
non-granting of leaves or non-payment wages, as well as for travel and related expenses in the
many days it requires to pursue a complaint. There are estimates that cases can be completed
quickly. Compromise settlements are possible within 30 days. Longer adjudication lasts from as
fast as five months to a possible five years if the case reaches the Supreme Court.

Within the current redress mechanisms, there is a strong internal pressure to settle. At the
POEA, the OWWA, the NLRC and even at the POLOs in the different countries, the current
procedures have built-in opportunities to settle, with many calls for several conferences or
conciliation. There are many reasons why a settlement between the parties is desired: it shortens
the time needed for the claimant to receive immediate compensation, both parties agree on the
sum thus making it theoretically fair, and the claimant can be sure to receive some amount rather
than none at all. The desire for speed, however, can also lead to lopsided results. Though the

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worker is back in the home country, the OFW is still negotiating from a position of weakness
against the employer’s or agency’s position of strength.

THE CIVIL SOCIETY ORGANIZATIONS

In the Philippines, very few CSOs are directly engaged in legal assistance services. OFWs repatriated to
the Philippines approach the CSO for advice on their complaints and on available processes. Family
members seek help with the Philippine-based CSOs to draw attention to OFWs in dire situations at the
country of destination. The CSO is able to pressure the PRA or a government institution help repatriate
their distressed relative back to the Philippines.

The CSOs say that their client OFWs do not feel empowered to avail of the POEA/OWWA services
as a matter of right. When OFWs visit government offices, many are so poorly treated whether by office
and security staff of different offices. In some cases, staff treat workers in an abrasive or aloof manner,
security staff raise their voices, refusing to let workers enter premises of an office without any
explanation or reason. Workers also underestimate the time frame of how long it takes to prosecute a
case. Some OFWs mistake case filing with an office like OWWA, for example, as a “one stop shop”,
believing that the process would be finished in a day.

A few CSOs have informal partnership agreements with those in the destination countries. The
intention is to provide a continuity of information and systematize action between and among the
organizations.

CSOs in the country of destination are usually composed of long-time Filipino residents there who
volunteer to provide guidance to newcomers and information and other services to Philippine
Government offices and recruitment agencies. These long-term residents have also volunteered to host
pre-employment orientation seminars (PEOS) for selected employers, in addition to those regularly
arranged by the Philippine Embassy. These CSOs consider themselves as “field workers” for the
government as they provide workers’ assistance and services. Their volunteers assist in the overseas
migrant centres to counsel distressed OFWs, to serve as a listening ear and reassure workers that
despite their problems and living far from their families, there are other OFWs like them who are
available and willing to listen to and help with their problems. Some CSOs are able to provide newly
arrived OFWs with knowledge and information on pertinent labor laws, the culture of the citizens of
the destination country, their rights as OFWs, benefits to being OWWA members, and any other
important rights and benefits they are entitled to as OFWs.

A few Philippine private recruitment agencies are entering into informal partnerships with some CSOs
at the country of destination. These CSOs are able to assist the PRAs with a range of services in finding
solutions for OFWs in distress – such as, whenever possible, intervening for the PRA with the
counterpart foreign recruitment agency or employer, surrogate for a visit to the OFWs in detention or,
in a more active fashion, facilitate the transfer of a worker’s employment sponsorship to a replacement
employer. The partnership provides the PRA with an immediate and quick response to issues raised by
its hired workers rather than waiting or being dependent on when a hearing can be scheduled at the
POLO.

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THE FRAMEWORK
Improving the current complaints and grievances mechanisms requires consideration of the following:

MULTIPLE ACCESS POINTS

The State-sponsored grievance mechanisms for OFWs, covering major complaints of contractual
and recruitment violations including possible cases of forced labor and trafficking, fall within the
mandates of the NLRC and the POEA. The entry points into these grievance mechanisms,
however, include all the DOLE, NLRC and POEA regional operations, while the NCMB, the
OWWA and the ILAB/POLOs all participate as gateways. Private recruitment agents, by
submitting regular reports on significant events of their hired workers, can also contribute their
reports of significant events as part of the multiple access points.

A HUB FOR ACCOUNTABILITY

While access at central and local levels allows OFWs much greater access to the grievance
mechanisms and reduces their costs in pursuing their complaints, a convergent hub strengthens
the operations of the grievance mechanisms. By establishing clear accountability, the hub is
expected to provide oversight, facilitate access, develop systems, pursue efficiencies, monitor fair
outcomes, and report on worker protection to those affected, the mechanisms’ stakeholders and
the general public.

The hub is currently non-existent and its creation will bring a sense of order to the current
operations of the complaints mechanisms. There may be not be a need to create a new office
nor a new position. It may be as simple as designating a lead agency. But it is essential to establish
a core group that will own up to the responsibility of ensuring that OFWs have access to the
mechanisms and also, more importantly, that they have a fair chance at good outcomes. This will
also help clarify to and encourage OFWs to use the grievance channels to claim their
entitlements. It is also likely to reduce “forum-shopping” caused by a lack of clarity on the
grievance mechanisms and also, partially, a clear distrust of the current processes. The hub needs
to be funded, especially if it is reliant on digital operations.

It would be necessary, as a major change, to open the grievance mechanisms to all work-related
problems and complaints, regardless of whether the complainant is a documented worker going
through a licensed agency or the Government Placement Branch (GPB), or the worker is directly
hired or on an extended contract.

In determining which government agency has the primary responsibility in overseeing the
operations of grievance/complaints mechanisms, the Philippine Overseas Employment
Administration (POEA) is the natural historical and likely lead. The Administration has the
mandate for the supervision of the licensing and sanctioning of recruitment agencies, the fight
against illegal recruitment, and the processing of contracts of all overseas workers. The
Administration is also likely to be the technical secretariat for the negotiation and maintenance
of the bilateral agreements on the hiring and placement of Filipino overseas workers. More
importantly, the POEA and its adjudicators have a firmer and deeper grasp of the nuances and
peculiarities of overseas employment. The POEA promulgates, through its Governing Board and
Administrator, the policies, rules and regulations on the recruitment, placement, hiring,
processing, deployment, welfare and repatriation of OFWs. It issues advisories on the laws, rules
and regulations of the various countries of destination, including those on onsite dispute

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settlement/resolution, as well as international conventions and bilateral labor agreements

involving migrant workers. It accredits and registers foreign principals and employers, approves
their job orders and processes employment contracts for use and implementation. It conducts
overseas missions and visits to host countries to validate labor market reports. With its direct
hands-on experience and broader knowledge, the POEA is in a strategic position to take on this
role of oversight.

On the other hand, being the institution primarily responsible for the welfare of OFWs, the
Overseas Workers’ Welfare Administration (OWWA) is dedicated to monitoring the welfare of
workers who have suffered contract violations and other welfare concerns. The OWWA is well-
placed to provide its services, such as emergency shelter and quick repatriations, with its network
of international and regional operations. With its Charter, the OWWA has much greater
independence and the financial resources provided by the hired workers and their employers. In
addition, unlike the POEA, the OWWA’s protective mantle covers all overseas workers, including
those who are undocumented and irregular. It is also the OWWA, at this time, that seems to
have the better operational systems in place to monitor cases.

Alternatively, an independent third-party mechanism could also be considered. The Committee

on Migrant Workers (CMW) has long suggested that States designate an Ombudsperson to
facilitate migrant workers’, particularly domestic workers’, access to redress mechanisms.
Another inspiration is the Netherlands’ National Rapporteur who, while reporting to the Dutch
government, nevertheless remains independent. The Dutch National Rapporteur has published
multiple reports on human trafficking, child pornography and sexual violence against children.

TRACKS FOR CASES AND COMPLAINTS

At the hub, the complaints and cases are tracked into five channels, clustering complaints with
similar management processes. A single case may represent different types of complaints; it would
be important to provide the category that represents the most egregious complaint. These five
tracks are recruitment regulation; contract related violations; forced labor and trafficking in
persons; medical, health and death services; and workers in conflict with the law. Pandemic
shutdowns or displacement by war involving mass repatriations are handled as extraordinary
events and are treated separately.

The POEA, the OWWA, the ILAB/POLOs and the NLRC have different internal monitoring
systems for the performance of their operational units. Linking their systems would be a longer-
term project, as these systems are likely to have different operating systems. Nevertheless, in the
interim, producing commonly designed reports would enable comparability and afford a
comprehensive view of the operations of the complaints mechanisms.

Standardized intake forms will allow the creation of common databases with comparable
demographic and occupational variables – age, gender, occupation, work location, among others
– and more detailed presentation of the complaints data for the better classification of cases.

Simplifying procedures should lead to shorter and low-cost processes. As all participating
agencies are expected to exchange information freely, it would be possible to reduce repetitive
processes and repeat submissions of documents. Public information on processes and procedures
would need to detail required documentation and possibly information on the possible length of
time to pursue cases, based on prior experiences.

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DATA FOR POLICY MAKING AND

PUBLIC REPORTING
The Migrant Workers Act of 1995 highlighted the value of consolidated and integrated data for
government to quickly and immediately respond to our overseas migrant workers’ needs and
requests for protection. The Act required data sharing with connectivity among key stakeholders
as a matter of priority, namely the databases of the DFA, the Commission on Filipinos Overseas
(CFO), the DOLE, the POEA, the OWWA, the Department of Tourism (DOT), the Department
of Justice (DOJ), the Bureau of Immigration (BI), the National Bureau of Investigation (NBI) and
the National Statistics Office (NSO).

Improvements in technology combined with political will may make this legal provision a reality.
The government organizations managing or facilitating complaints mechanisms need to produce
and publish summary reports on the operations of its grievance mechanisms. These combined
reports (or at the start, individual reports) should highlight the cases of OFWs, disaggregated
with the following demographic and employment characteristics: land-based vs. sea-based; male
vs. female; country of destination or flag (for seafarers); occupation, esp. domestic workers; and
cause of action.

Regular information to the stakeholders and the public builds the legitimacy and transparency of
the mechanisms. Periodic analysis of the frequency, patterns and causes of grievances can enable
the POEA/OWWA to identify policies, procedures and practices that prove effective and
sustainable in the long term. Sharing the results to a wider audience provides an opportunity for
the active participation and ongoing feedback about the performance of the grievance
mechanism. This provides a continuous source of learning to identify lessons for improving the
mechanism and preventing future grievances.

A UNIFIED COMMUNICATIONS
PROGRAM
Any worker seeking information on taking a complaint forward to a docketed case and a
grievance will have to consider different information sources – government websites, CSO help
centres, and even information stalls in the airport. These websites and information sources post
different telephone numbers, email addresses and resources to assist the worker. Information
received online would usually not be harmonized with the mandatory pre-departure orientation
programs required of departing overseas workers.

As the information is from government sources, it would be helpful to develop common

instructions and useful information on posters, flyers and programs relating to complaints
mechanisms. Synchronizing this information with business, civil society organizations, and pre-
departure and pre-employment orientation programs will strengthen the impact of this
messaging.

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STAFF TRAINING
Staff training and capacity building emerged in many interviews and workshops as a major step
forward in improving the workers’ complaints mechanisms. Staff training needs to initially focus
on the overall operations of the complaints mechanisms, in the identifying and categorizing of
cases, in the mechanics of the legal procedures and in the closing of the cases. More specialized
focus can be given to conciliation, negotiations for settlements, and compromise agreements and
adjudication. With the higher proportion of women raising complaints and filing cases, there may
be a need to offer gender-sensitivity training. This would also address the complaint raised by
some OFWs that welfare officers need to be more empathetic to the worker-complainants, in
particular the female complainants.

INVESTMENT IN DIGITAL
INFRASTRUCTURE
Many of the challenges in improving the operations of the complaints mechanisms require
upgrades in the DOLE’s obsolete digital infrastructure, in particular for the POEA. While there
is in-house capacity at the POEA to develop their own applications, the POEA’s systems cannot
be improved or updated without the improvement of the overall digital infrastructure. The POEA
servers were acquired during the 2013-2017 period. Many of the applications/programs of the
POEA were developed in the 1990’s under sub-contracts with technical support.

PARTNERSHIPS WITH BUSINESS AND

CIVIL SOCIETY ORGANIZATIONS
The design of any enhanced framework requires the engagement of the private recruitment
agencies and the civil society organizations. All parties in the grievance mechanisms should believe
that different stakeholders – employers, workers and recruiters – have a fair chance in obtaining
an equitable outcome.

The success of grievance mechanisms depends on the trust of its stakeholders in the integrity and
impartiality of these mechanisms. For now, there are both positive and negative perceptions on
the effectiveness of the systems, whether these are sufficiently impartial and whether the
aggrieved parties have reasonable access to sources of information, advice and expertise. There
are allegations of corruption and favouritism, trigger happy complainants, and forum-shopping.
There is little research on the outcomes of legal decisions, whether these are equitable or
compatible with international human rights. To accomplish this, managers of the mechanisms
need to commit to opening their systems to scrutiny.

The overseas employment program is an important pillar in the national employment strategy
and is expected to continue in years to come. For the national policies and programs to remain
relevant, constant innovation and learning need to be sustained.

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CHAPTER 1
INTRODUCTION
Seeking Justice: Developing Improved OFW Feedback and Complaints Mechanisms is a research report
organized under the “Aligning Lenses Towards Ethical Recruitment” (ALTER) project, a joint endeavour
of the International Organization for Migration (IOM) and the Blas F. Ople Policy Center and Training
Institute, Inc. ALTER’s aim is to reduce the prevalence of human trafficking and labor exploitation among
Overseas Filipino Workers (OFWs) through increased access to ethical recruitment channels.

The research report contributes to a key ALTER outcome – that the Government of the Philippines, the
private recruitment agencies and the civil society organizations are able to capture and effectively
address more worker grievances through a streamlined and improved worker feedback mechanism and
case management capabilities.

In preparing this report, the research team undertook an extensive desk review and conducted personal
interviews with over 40 migration experts and practitioners from different stakeholders in government,
the private sector, and civil society organizations in the Philippines and the Gulf Cooperation Council
(GCC) (January to March 2021). Seeking Justice’s preliminary findings were shared in three validation
workshops involving over a hundred participants: one with the Philippine Overseas Employment
Administration (POEA) and government officials, a second with the Private Recruitment Agency (PRA)
sector, and a third with academics and civil society organizations. It is unfortunate that the actual number
of Filipino OFWs directly interviewed for this report are only a few; it is our hope that the interviews
with the migrant associations compensate for and provide the voices of affected migrants.

A key challenge in undertaking this study has been the lockdown and limited mobility resulting from the
COVID-19 pandemic. Arranging interviews and the follow-ups proved difficult where the government’s
work-from-home arrangements were in place. Obtaining data reports and samples of overseas
employment forms was especially challenging. Comparing data and information from different sources
was not possible with the lack of standardization of definitions and classification of cases.

The research project was designed with built-in limitations. The attention would centre on land-based
OFWs in the GCC countries with a primary emphasis on the operational mechanisms relating to
contract and recruitment regulations and therefore, with the Department of Labor and Employment
(DOLE). The report nevertheless briefly covers the vulnerability of Filipino workers to illegal migration,
especially as violations of immigration rules and work permits rank as the third highest in the number of
cases reported in Philippine Overseas Labor Offices (POLOs).

14
1.1 STRUCTURE AND CONTENT
OF THE REPORT
This completed report examines, among others, the Filipino overseas workers’ continued risks and
vulnerabilities in their migration journeys. The report substantively explains the Philippine Government’s
normative and operational efforts to better ensure workers’ access to the complaints mechanisms, and
the extent to which these mechanisms were able to provide services to the affected OFWs. The report
also looks at how private recruitment agencies and civil society organizations have contributed to the
governmental commitment for better OFW protection. The report concludes with the design of an
improved framework and a set of recommendations to strengthen workers’ access to complaints
mechanisms and also achieve fair outcomes.

Chapter 1 introduces the report, outlining its objectives and expected outcomes.

Chapter 2 provides an overview of workplace risks and the OFW vulnerabilities to recruitment
irregularities and contractual and workplace violations in the OFW migration journey.
These irregularities and violations are experienced at different stages of the process – pre-
employment, onsite, and upon the workers’ return. The chapter also analyses the
different categories of cases that are reported to the Philippine authorities.

Chapter 3 provides an overview of the comprehensive normative framework underlying the

Philippine State’s efforts to ensure the protection of its overseas workforce. The
framework combines national law and the country’s ratification of key international
human rights and labor standards directly related to external migration. The chapter also
spotlights attention on the country’s Joint Solidary Liability (JSL) provisions in Philippine
legislation, a feature unique in the world and a lightning rod for international praise and
criticism.
Chapter 4 presents the Philippine complaints/grievance mechanisms and their mandates, details the
processes, and identifies their challenges. The POEA, the Overseas Workers’ Welfare
Administration (OWWA), the National Labor Relations Commission (NLRC), and finally,
the POLOs are at the forefront of responding to workers experiencing problems in the
countries of destination. There are also brief discussions on the protection of
undocumented workers whose concerns are handled by the Department of Foreign
Affairs (DFA).
Chapter 5 looks at the contribution of the Philippine private recruitment sector both in facilitating
the overseas employment of many Filipinos as well as in pursuing ethical recruitment and
ensuring the protection of OFWs in their foreign employment. Government policies, such
as the JSL, the OFW Welfare Monitoring System (OWMS) mandatory reporting and
OFW compulsory insurance coverage, have inevitably shaped the private agencies’
management and handling of overseas workers’ complaints and cases. The chapter also
looks at the due diligence measures increasingly implemented by the private recruitment
agencies to better prevent OFW complaints and cases.

Chapter 6 looks at the extent to which OFWs are aware and are able to access the legal OFW
complaints mechanisms to enforce the compliance of their contracts. Many obstacles and
deterrents confront the OFWs as they pursue their complaints and cases whether in the
Philippines or in the country of destination. These deterrents also help explain why many
OFWs do not, even right at the start, seek to pursue these complaints and grievances. A
section in this report also considers how civil society organizations serve to facilitate the
OFWs’ access to remedy and redress.

15
CHAPTER 1

Chapter 7 completes the earlier discussions of the risks and vulnerabilities of the OFWs, the
country’s commitments to OFW protection and their access to justice, and the Philippine
feedback mechanisms organized to support the OFWs’ efforts to rectify contract and
recruitment violations. The chapter considers an improved/enhanced framework for
overseas workers’ complaints. While this framework is broad in its scope, it seeks to
respond to the key criticisms to perceived gaps and offers specific recommendations to
improve the efficiency and relevance of the country’s complaints mechanisms for OFWs.

1.2 ACKNOWLEDGEMENTS
Identifying relevant research studies and other data sources, providing historical background on the
evolution of policy, and pooling together information from different periods have been critical tasks of
the research team – special thanks go to Ms. Carla Magalona, Ms. Sophie del Prado and Ms. Tina de
Guzman. The graphic designs and presentations of this report are due to the contribution of Ms. Bijo
Robis.

Research interviewees and workshop participants contributed insights and provided nuances that
deepened the research understanding of the complexity of complaints and cases of OFWs. All these
contributions have allowed a more comprehensive report on the state of complaints mechanisms of the
Philippine Government. The responsibility for information and opinions expressed in this report rests
solely, however, on the author.

16
0
TABLE OF CONTENTS

CHAPTER 2
THE OFW MIGRATION JOURNEY:
RISKS AND VULNERABILITIES;
RECRUITMENT AND CONTRACTUAL VIOLATIONS

2.1 THE RISKS OF WORKING

IN A FOREIGN COUNTRY
Each year,¹ over a million Filipinos choose to work abroad, either in first-time employment or in a
renewal or extension of an overseas work contract. This choice, by and large, is voluntary and decided
on many factors, including the availability and quality of local employment opportunities, as well as family
considerations.² For many workers, overseas employment has upgraded the quality of life of their
families. Filipino households with overseas workers consistently show a larger satisfaction in their
current life and express greater optimism for the future than non-OFW households.³

2,500,000

2,000,000
Sea-based Land-based
New Hires
Rehires
1,086,695
1,500,000 1,194,719

976,591 1,004,291 943,666 922,658

881,007

1,000,000 742,447 781,710

597,426

470,390 497,810

500,000 582,816
487,176 515,217
881,007 458,575 464,888
376,973 419,955
349,715 341,966
317,680 313,260

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

Figure 1. Deployed Overseas Filipino Land-based and Sea-based Workers, 2006 to 2017
Source: Overseas Employment Statistics, Philippine Overseas Employment Administration

Still, the decision to have/continue with overseas employment has its risks,⁴ whether these are
environmental (such as the general levels of treatment and discrimination faced by migrants in their new
countries of employment) and specifically, where the foreign countries’ laws and processes relating to

1
Pre-pandemic figures, found in Philippine Overseas Employment Administration: Social Weather Stations (SWS) (2017). SWS
Scoping Study on International Migration in the Philippines: “Making the Case for More and Better Data for Policy-Making and
Program Services” [PowerPoint Presentation]. Quezon City, Philippines.
2
The Pinoy OFW. (n.d.). 12 Reasons Why Filipinos Want to Work Abroad.
3
See citation 1: SWS Scoping Study on International Migration in the Philippines.
4
Defined as “possibility of loss or injury” (refer to glossary for definitions).

17
0
CHAPTER 2

employment and working conditions are inconsistent or incompatible with Filipino standards and
practice. Workers’ occupations matter. It is likely that professionals and highly technical workers have
better terms and conditions of work than the lower-skilled workers such as cleaners and construction
workers. Gender matters. Women migrants experience situations of gender-based discrimination and
violence distinct from male migrants.⁵ There are also personal and familial risks involved for all overseas
workers, as long periods of separation from the homeland present risks of losing affection and ties with
families and social networks.⁶

The profile of OFWs in recent years reveals increased vulnerability, especially of its newly-hired (first-
time) workers for lower-skilled jobs from regions farther away from city centres. In 2018/2019, the
POEA registered over 300,000 workers with first-time contracts. Seventy percent (70%) of those
engaged in these contracts were women,⁷ hired as household domestic workers,⁸ mainly destined for
the Middle East. The women were recruited in the Visayas and Mindanao, much farther away from the
Manila urban centre.⁹ As first-time workers, many of the new hires are unfamiliar with the working
environments of the countries of destination and are less able to negotiate the terms and conditions of
work.

NATIONAL MIGRATION SURVEY 2018

(NMS 2018)
The first nationwide survey on migration in the Philippines, the 2018 National Migration
Survey (NMS 2018), provides information on the mobility of the Philippine population.
Jointly implemented by the Philippine Statistics Authority (PSA) and the University of the
Philippines through the Population Institute (UPPI), the survey with its sample size of
45,000 households intended to assist policymakers and program managers in evaluating
and designing national and local strategies for improving services and assistance to people
moving internationally (going abroad) or moving internally (within the country). As the
first of its kind, the NMS gives important baseline information on international and inter-
regional migration flows, types and characteristics of the migrants. Some of the most
important subjects in the NMS refer to the work experiences of migrant workers in
destination countries.

5
Hennebry, J., Grass, W., & Mclaughlin, J. (2017). Women migrant workers' journey through the margins: Labour, migration and
trafficking. United Nations Entity for Gender Equality and the Empowerment of Women (UN Women). 978-1-63214-062-3

6
International Organization for Migration (IOM), & Scalabrini Migration Center. (2013). Country Migration Report: The Philippines
2013. International Organization for Migration (IOM
7
Philippine Overseas Employment Administration
8
Social Weather Stations (SWS) (2017). SWS Scoping Study on International Migration in the Philippines: “Making the Case for
More and Better Data for Policy-Making and Program Services” [PowerPoint Presentation]. Quezon City, Philippines.

9
Mangahas, A. (2020). Protecting Women Migrant Workers Amidst the Pandemic and Beyond: A Contribution to the Zonta
Campaign on Violence Against Women and Girls [PowerPoint Presentation]. 16 Days of Activism, Manila, Philippines.

18
CHAPTER 2

COMPARISON OF BENEFITS RECEIVED

BY INTERNATIONAL MIGRANT
WORKERS IN THEIR FIRST AND LAST
COUNTRIES OF DESTINATION
The National Migration Survey (NMS) of 2018 asked international migrants about the range of
benefits they had received from their foreign employers during their first foreign work
assignments and again during their last foreign work assignments.

Table 1 considers the varied employment benefits enjoyed by OFWs in their first assignments,
juxtaposed with the benefits provided to the workers in their last (most recent) assignments. On
their first assignments, the most widely provided benefits to workers are housing and lodging
(76%) and the provision of food (70.4%). The third most widely available benefit is health
insurance (53.2%).

On the average, the OFWs in their first terms of employment are likely to enjoy only
approximately 60% of the benefits normally expected in a foreign employment contract, with the
exception of rice or food allowance (70.4%). These proportions improve with time, and in
comparison, there are higher percentages of benefits during the last assignments abroad. In later
assignments, housing and food allowances remain the most widely available benefits; health
insurance and payment of overtime also rise above 50%.

Table 1. Comparison of job benefits of international migrants in the first and last countries of destination,
age 15 and over

Source: National Migration Survey, 2018

19
CHAPTER 2

2.2 RECRUITMENT PROBLEMS

AND VIOLATIONS
Recruitment problems and violations occur in all stages of the migration journey. Potential and recruited
migrant workers experience these problems at different stages and in varying degrees. The extent of
grievance that workers experience will determine whether a worker requests for assistance (RFAs) at
first, submits a complaint or, at the most serious, files a case against the perpetrator, which may be an
individual and/or a firm.

PRE-EMPLOYMENT: IN COUNTRY
OF ORIGIN
In the best of employment worlds, the search for an overseas job would start with looking at
various job openings posted by recruitment agencies, determining the legitimacy of the recruiter,
and finding ways to complete the application requirements for available job openings. However,
the reality is that the interest in a foreign job is often sparked by new information of a possible
job opening offered through informal brokers in the neighbourhood. The following are
recruitment issues at the pre-employment stage:

HIGH (UNAUTHORIZED) COSTS OF RECRUITMENT

AND PLACEMENT
The current Philippine regulation states that workers should pay the maximum costs of (a)
recruitment fees of not more than the migrant worker's one month’s wages and (b) other
related costs including passport, training, medical clearances and others.¹⁰ As high costs of
recruitment often result in the severe indebtedness of migrant workers, migration
authorities in different parts of the world struggle to ensure that migrant worker applicants
do not pay excessive recruitment fees and related costs, which are defined as amounts
beyond the government-determined maximum costs. In 2017, Migrant Forum in Asia (MFA)
published a policy brief on the recruitment fees that OFWs pay in a year. The published
matrix shows recruitment fees and related costs ranging anywhere from $551 (₱28,211) to
$7,000 (₱358,400), depending on the country of destination. A low of $551.80 (₱28,252) in
approximate fees was observed for OFWs headed for South Korea, whereas approximate
fees for OFWs bound for Taiwan ranged from $1,400 (₱71,680) for a domestic worker to
$3,200 (₱163,840) for a factory worker. The highest fees of $7,000 (₱358,400) were
observed for OFWs with food processing jobs in Canada. The biggest determinant of the
amount workers would have to pay to secure a job placement is the anticipated wage
abroad.¹¹

Rules and regulations on the maximum amount of recruitment fees and related costs that
are charged to a worker are very difficult to enforce, especially since these fees and costs
are not paid as a lump sum but in installments instead. The wide variations in amounts are

10
Philippine Overseas Employment Administration. (2016). Revised POEA Rules and Regulations governing the recruitment and
employment of Land-based Overseas Filipino Workers of 2016.
11
Migrant Forum in Asia & the Global Coalition on Migration (n.d.). Recruitment Fees & Migrants Rights Violations (Policy Brief #1).

20
CHAPTER 2

due to differences in professional/skill levels, the willingness of the employer to pay fees, and
the laws and regulations of the destination country, among other reasons. For the migrant
workers, their willingness to pay recruitment fees and related costs depends on the security
of the job offer, the wage offer, the desirability of the job location, and their own ability to
pay.¹² ¹³ ¹⁴ Once the worker has agreed to the recruitment fees and related costs, there are
usually no complaints regarding these large amounts unless other issues emerge, such as a
cancelled departure or an eventual contractual breach (for example, delayed payments of
salaries, contract substitution, disregard for overtime pay, and the like).

“ A common misconception is that recruitment fees

and related costs cover only payments given
upfront, prior to the departure. Recruitment fees
and related costs, internationally defined by the
ILO definition of recruitment fees and related
costs, refer to “any fees or costs incurred in the
recruitment process in order for workers to
secure employment or placement, regardless of
the manner, timing or location of their imposition

”
or collection.¹⁵

12
Reasons on willingness to pay is drawn from several research studies, including, among others: Santos, A. P. (2016, August 22).
How recruitment agencies deceive Philippine workers. DW.COM. https://www.dw.com/en/how-recruitment-agencies-deceive-
philippine-workers/a-19492133
13
Tomacruz, S., & Hapal, D. K. (2017, October 4). How much does it cost to work abroad? Rappler. https://www.rappler.com/
newsbreak/iq/ofw-tips-cost-work-abroad
14
Tomacruz, S., & Santos, A. P. (2017, September 10). Are zero placement fees for OFWs scam or solution? Rappler. https://
www.rappler.com/newsbreak/iq/ofw-placement-fees-scam-solution
15
International Labour Organization (ILO). (2019, March 28). The ILO governing body approves the publication and dissemination
of the definition of recruitment fees and related costs, to be read in conjunction with the general principles & operational
guidelines for fair recruitment. International Labour Organization. (Employment contracts can also be formalized by “mega”
recruitment agencies, accredited by the Kingdom of Saudi Arabia’s Ministry of Labor to recruit and deploy workers in large
numbers. These agencies can place workers in both the private and public sectors and guarantee payment of salaries and the
workers’ entire financial benefits until their return to their country of origin.)

21
CHAPTER 2

ILLEGAL RECRUITMENT
Republic Act (RA) 8042 or the Migrant Workers’ Act defines illegal recruitment as any act
of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and
includes referring, contract services, promising or advertising for employment abroad,
whether for profit or not, when undertaken by a non-licensee or non-holder of authority.¹⁶
However, license holders can also be guilty of prohibited practices that can be considered
as illegal recruitment. Examples of illegal recruitment practices are excessive charging of fees
and related costs beyond those set by law; recruitment into jobs that are harmful to the
public health, morality and dignity of the Republic of the Philippines; and other acts of
misrepresentation.¹⁷ Based on the data below, the complaints and cases filed for illegal
recruitment have declined for the 22 prohibited practices undertaken by both licensed and
non-licensed agencies. Seen from the data below, the number of complaints on illegal
recruitment received at the POEA are few, with convictions hovering to less than 10 a year.

Table 2. Prosecution of illegal recruiters, 2014 to 2020

PROSECUTION OF ILLEGAL
2014 2015 2016 2017 2018 2019 2020
RECRUITERS
No. of cases received from
66 132 125 119 60 n/a n/a
LAD
Endorsed for preliminary
136 130 91 93 49 n/a n/a
investigation
No. of new cases handled for
60 67 60 81 46 62 8
preliminary investigation
No. of victims assisted during
119 152 84 128 125 149 84
preliminary investigation
Conviction 3 6 4 6 11 2 8

Source: Philippine Overseas Employment Administration, 2021

Table 3. Surveillance and special operations, 2014 to 2020

SURVEILLANCE ACTIVITIES 2014 2015 2016 2017 2018 2019 2020

Total no. of surveillance operations conducted 163 190 204 159 124 162 228
Surveillance conducted on suspended and cancelled/
95 65 63 153 97 n/a n/a
unlicensed agencies
Surveillance conducted on licensed agencies 68 125 141 6 27 n/a n/a

Entrapment and service of warrants n/a 5 10 - - n/a n/a

Closed Firms 12 12 10 5 3 4 1

Source: Anti-Illegal Recruitment Branch, Philippine Overseas Employment Administration, 2021

16
An act to Institute the Policies of Overseas employment and establish a higher standard of protection and promotion of the
welfare of Migrant Workers, their families and Overseas Filipinos in distress, and for other purposes, Rep. Act No. 8042, § 1-43
(1995), O.G., (Phil).
17
Philippine Overseas Employment Administration. (2016). Revised POEA Rules and Regulations

22
CHAPTER 2

CONTRACT AND VISA MISREPRESENTATION

Critical to the recruitment process is the offer of employment. The employment contract,
typically negotiated by the foreign employer and the OFW,¹⁸ is the legal statement of record
on the key terms and conditions mutually agreed by the employer and employees, with
provisions that cover salary, benefits, vacation rights, sickness, termination, confidentiality
requirements, notice period and other important employment conditions. These
international employment contracts are subject to the laws and regulations of the specific
country of employment. More importantly, however, the employment contract is the
definitive guide in the unfortunate event of a dispute between a foreign employer and an
OFW.¹⁹ Contracts should preferably also indicate the manner and form of arbitration in the
event of disputes.

In 2016 and 2017, the World Bank’s Global Knowledge Partnership on Migration and
Development (KNOMAD) in partnership with the International Labour Organization (ILO)
implemented several surveys to pilot test a methodology on measuring recruitment costs
incurred by workers pursuing low-skilled positions. The surveys were implemented in
several migration corridors, including the Philippines and Qatar in 2016 and the Philippines
and Saudi Arabia in 2017.²⁰ These small surveys also incorporated several questions relating
to contractual violations.

Among its findings, the 2016 and 2017 surveys show that significant numbers of OFWs
leave for the country of destination without signing a foreign contract (8% for Qatar and
6% for Saudi Arabia). Of those who did sign a contract, the conditions would have changed
within the contract period (14% for Qatar and 5% for Saudi Arabia).

Table 4. Filipino Migrant Workers in Qatar/KSA – On employment contract

QATAR (2016) SAUDI (2017)

SURVEY QUESTION
Yes No Yes No No response

1. Did you sign a contract before

91.6% 8.4% 92.3% 5.8% 1.9%
departing for this job?

2. For those who signed a contract,

are you working under the same
85.6% 14.4% 90.8% 5.2% 4.0%
contract that you received before
departure?

Source: ILO Global Knowledge Partnership on Migration and Development (KNOMAD)

Survey, 2016/2017

In the case of migrant domestic workers, contracts are most likely signed between the
recruitment agency (and not the foreign employer) and the overseas workers; there is a

18
In recent years, mega-recruitment agencies have the authority to enter into contracts with migrant workers and they are
responsible for placing these workers with suitable employers. These recruitment agencies also enter into separate contracts with
the employers.
19
Galvin, J. (2018, February). Five-point guide- Why international employment contracts are important. Global Payroll Management
Institute.
20
World Bank. 2017. “KNOMAD-ILO Migration Costs Surveys 2016”. Global Knowledge Partnership on Migration and
Development (KNOMAD). Ref: WLD_2016_KNOMAD-ILO-MCS_v01_M. Downloaded from The World Bank Microdata
Library on June 7, 2021.

23
CHAPTER 2

separate parallel contract between the foreign recruitment agency and the employer for the
hiring of the worker. In some countries, such as the Kingdom of Saudi Arabia (KSA), mega-
recruitment agencies are allowed to sub-contract workers for eventual employment with a
household employer. For all intents and purposes, the mega-recruitment agency acts as the
employer, guaranteeing the workers’ wages and their terms and benefits at work from hiring
until return to the home country. When workers complain to the POLOs, the first
response is often to call the mega-recruitment agency to resolve the complaints. Given the
multiple contracts that are at play, there are likely inconsistent contract provisions and
eventual disputes. As more and more recruitment processes shift online, there are also
many more ways to circumvent traditional contract accreditation and approval of contracts
required by the POEA.²¹

There are many occasions when, because of urgent requirements of the employer, agencies
use visas issued under occupational categories different from the worker’s own skill level. In
some instances, the visa misrepresentation, no matter how good the intention for quick
deployment is, creates contract difficulties in the country of employment. There are also
occasions when the contracts and other documentation are not provided or, if so, provided
late to the worker. This does not allow the worker enough time to review and fully
understand the terms and conditions of employment nor does he/she have the opportunity
to ask questions. This is aggravated especially when international contracts are written only
in English or Arabic and almost never in Filipino or any of the local languages.

EMPLOYMENT IN COUNTRIES
OF DESTINATION
Philippine overseas employment contracts are tested in their implementation in the country of
employment and destination. The following table, provided by the International Labor Affairs
Bureau, shows the number of cases in 2018 reported to the POLOs in the Gulf countries. The
data is one of only two statistical tables from the DOLE that show the classification and
categorization of workers’ complaints from these countries.

Table 5. Types of Cases Reported to the Philippine Overseas Labor Offices (POLO), 2018

Source: International Labor Affairs Bureau, 2018, as reported in UP CIFAL

21
Alcantara, J. (2021). Personal communication [Personal interview].

24
CHAPTER 2

The POLOs in the GCC reported a total of 67,112 cases. Except for the POLOs in the KSA, the
POLOs of other GCC countries were able to provide information on the types of cases
presented to them. For the 28,670 cases classified according to the type of complaint, the largest
percentage of the cases involved contract violations (36.4%), maltreatment (18.1%), immigration
and documentation complaints (8.9%), health problems (6%), and personal and family problems
(5.5%). Sexual abuse and harassment represented a significantly smaller percentage (2.9%) but
these cases are considered very serious violations of workers’ and women’s rights. The highest
number of cases fell in the large category of “Others”.

0 10 20 30 40 50 60

3.9 % MALE
Maltreatment/ Mistreatment 18.6 % FEMALE

22.3
Contract Violation
22

10.5
Contract Substitution
3.7

3.3
Health/ Medical Problem
4.1

0.85
Personal Problems 2.9

1.5
Immigration/ Document-Related Problems 7.7

Sexual Abuse/ 0.01

Harassment 1.5

0.01
Rape 0.3

54.8
Others 39.1

Figure 2. Types of cases reported to OWWA, based on gender, 2020

Source: Overseas Workers’ Welfare Administration, 2020

The OWWA provided a separate table showing the same categories of cases reported to the
office in 2020, presumably by the OFWs repatriated to the Philippines. While it is not clear
whether these cases are from the GCC, the dataset shows how men and women experience
different kinds of contract violations or issues while abroad.

According to rank, contract violations ranked first in prevalence, followed by maltreatment and
then by immigration violations. While both men and women had similar percentages of contract
violations, women had higher percentages of maltreatment cases (18.6%/3.9%) and immigration
violations (7.7%/1.5%) compared to men. In both datasets, the category of “Others” represented
nearly half of all cases.

Below is an overview of the different complaints and cases raised by OFWs in countries of
destination:

CONTRACT VIOLATIONS
Most of the issues raised by workers in the countries of employment consist of violations
of the employment contract. In both the OWWA and the POLO datasets, contract
violations ranked first among workers’ complaints and grievances.

25
CHAPTER 2

These violations are associated primarily with the payment of wages, whether these are
delayed or even unpaid for many months. This category includes complaints over lower
salaries due to unauthorized or unexplained salary deductions. In the KNOMAD surveys,
7% of the workers surveyed in the KSA and 4% of the workers surveyed in Qatar were not
paid regularly.

Table 6. Filipino Migrant Workers in Qatar/ KSA – On getting paid regularly

QATAR (2016) SAUDI (2017)
SURVEY QUESTION
Yes No Yes No

3. Were you paid regularly? 95.5% 4.5% 93.2% 6.8%

Source: ILO Global Knowledge Partnership on Migration and Development (KNOMAD)

Survey, 2016/2017

Contract violations also involve excessive working hours, especially if these additional hours
are unpaid overtime. Excessive working hours, together with non-provision of rest days, are
common in household domestic work. The lack of decent working hours and rest days has
been cited by 67% of workers surveyed by KNOMAD in Saudi Arabia as a major violation
of their rights. Prematurely terminated employment contracts can be unjustified, making
employers responsible for the remaining portions of the worker’s uncompleted contract. In
many cases of premature termination, the affected worker may lose his/her promised end-
of-contract benefits. Other end-of-contract benefits such as the return flight home and
incentive bonuses are also suspended. During the pandemic, the shutdown of enterprises in
the countries of destination jeopardized end-of-contract benefits, leading to a civil society
campaign against wage theft²² covering workers’ entitlements upon termination of the
contract (e.g., separation pay or indemnification for the unexpired portion of the contract).
Contract substitution can be classified under pre-employment recruitment violations. The
replacement of a Philippine approved contract with a new employment contract signed in
the country of employment often results in lower wage rates due to salary deductions and
reduced work benefits.

MALTREATMENT
Maltreatment is considered as abuse, or “everything that is contrary to good order
established by usage”.²³ It is cruel behaviour against a fellow human being, such as physical
or mental maltreatment, misuse and deception, as well as neglect in the case of children.
According to the OWWA, maltreatment covers the following behaviours: physical abuse
(biting, slapping, kicking, head knocking, severe beatings, torture), verbal abuse (nagging,
harassment, use of derogatory terms, and foul language), threats/intimidation, false
allegations of theft or destruction of property, forced medical check-up and pregnancy test,
forced testing for HIV/AIDS and other diseases, forced abortion, confiscation of personal
belongings, and lack of respect for cultural/religious beliefs and practices.²⁴ Sexual abuse,
harassment and rape are considered as separate offences. Maltreatment complaints
represented the second highest number of grievances in both the POLO and OWWA
reports, affecting more women than men (Figure 2).

23
Justice for Wage Theft. (n.d.). Call for an Urgent Justice Mechanism for Repatriated Migrant Workers. Justice for Wage Theft
Campaign.
24
Collins Dictionary

26
CHAPTER 2

IMMIGRATION VIOLATIONS AND IMPRISONMENT

FOR VARIOUS REASONS

Many OFWs are detained in jail for various offences. Some reasons may be contract-related
– as in the situation of workers who have run away, prematurely terminating their contracts.
The runaways or the “absconded” workers are almost always accused of theft and sent to
the police stations for arrest and detention. Some workers get into work or travel accidents
and especially when these accidents cause fatalities, the workers are jailed.

Some workers are found guilty of violating entry, immigration and residency rules. These
workers may be overstaying, with expired visas and work permits. Others may have
transferred from one employer to another without proper release papers. There are also
workers who do not possess the proper iqama, or residence permits. Some “missing”
Filipinos include those who have left the host country for a new country of employment
without informing family members in the Philippines. Immigration violations ranked the third
highest among the categories of cases reported to the POLOs or OWWA. A large number
of these immigration violations are not primarily attributable to illegal entry to the
destination countries in the GCC but to cases of expired visas or work permit violations
due to unauthorized transfer of employers or the like.

There are OFWs involved in more serious criminal offences such as drug trafficking,
homicide and murder. The number of OFWs in jail appears to be a very small percentage
of the overall worker population, however, each case takes up so much of the Philippine
Embassy’s time and attention, especially when the case has attracted national attention.
These offences are most likely committed by workers with an irregular status trying to make
a living in the country of destination. In some GCC countries, these irregular workers
appear to make up the majority of OFWs housed in the Philippine Embassy shelters.²⁵

PERSONAL PROBLEMS INCLUDING MEDICAL

AND HEALTH ISSUES

Experiencing loneliness and mental and emotional distress caused by separation from family,
the migrant worker can be overwhelmed by the realities of a new working and living
environment. In addition, the constant pressure for financial support from the family left
behind, typically for settling unpaid debts and credit card excesses, continues to burden the
OFW. Other personal problems may involve new romantic relationships, accusations of
immorality, unwanted pregnancies, the use of drugs, and other disruptive behaviours. There
are also arguments among co-workers and other Filipino friends. While these personal
problems are usually not sufficient to cause a premature termination of a worker’s contract,
these may provide enough distraction to affect the worker’s performance and result in an
early repatriation to the Philippines.

With the Filipino workforce also aging, medical and health issues of OFWs have been more
pronounced. These health issues include those that are directly related to their work, such
as industrial accidents and injury. Other illnesses, such as psychological instability and

25
Obtained from interviews in third ALTER Validation Workshop (CSOs, Academe, and Migration Experts).

27
CHAPTER 2

insanity, are attributable to the workers’ sense of isolation and alienation and the lack of
personal, emotional and social support systems. Some illnesses are related to lifestyle and
genetics – cancer and diabetes, among others.

SEXUAL ABUSE AND HARASSMENT

Given the seriousness of these offences, sexual abuse and harassment against Filipino
migrant workers are given priority attention by the Philippine authorities. These require the
immediate removal of the victims from their current housing, as well as accommodation in
the OFW shelters and immediate repatriation. Cases of sexual abuse and harassment
include molestation and other forms of sexual advances such as making a pass, kissing,
fondling, embracing, and displaying and exhibiting private parts. Cases of rape are treated
with utmost urgency and care. The POLO and OWWA data (Figure 2) show that women
are three times more likely to suffer from sexual abuse and harassment compared to men.

THE WITHHOLDING OF PASSPORTS AND OTHER

DOCUMENTATION, RESTRICTIONS ON MOVEMENT,
INVOLUNTARY WORK ARRANGEMENTS

Many migrant workers experience the confiscation of their passports by the employer or
the employer’s agents upon arrival. Often thought of as a customary practice in many
countries, the withholding of passports or any other vital documentation can be construed
as a broad indicator of forced labor. Typically, employers explain that they hold the worker’s
passport to prevent “absconding” or “running away”, especially since the worker’s permit is
contingent on employer sponsorship and responsibility. In addition, many workers are
concerned about close monitoring and scrutiny by the employer. It may mean restrictions
in movement, in going in and out of the house, and in enjoying rest days. The combination
of the employers’ holding of the passport, together with restrictions on movement, the use
of verbal threats and bodily harm (considered as maltreatment in the last section), can all be
construed as forced labor with elements of the crime of human trafficking.

The KNOMAD surveys of 2016/2017 looked at the numbers and percentages of workers
expressing the violation of their rights at work. Nearly 30% of workers in the KSA and 16%
in Qatar agreed that they were deprived of their rights while in employment in these
countries. Among the violations listed by workers, the withholding of travel documents
ranked first in the rights being violated, in both the KSA (38%) and Qatar (26%), followed
by the inability to speak freely (KSA: 17%, Qatar: 24%), and the inability to communicate
with people outside of the job sites (KSA: 7%, Qatar:14%). In Saudi Arabia, lack of decent
work hours and rest days were also reported as commonplace violations. The reference to
decent work hours, rest days and employment insurance benefits was only added in the
2017 Saudi Arabia survey.

Table 7 Filipino Migrant Workers in Qatar/KSA – On rights violations

QATAR (2016) SAUDI (2017)

SURVEY QUESTION
Yes No Don't know Yes No

4. Have you been deprived of any rights? 16.3% 82.9% 0.8% 28.2% 71.8%

Source: ILO Global Knowledge Partnership on Migration and Development (KNOMAD)

Survey, 2016/2017

28
CHAPTER 2

Table 8 Filipino Migrant Workers in Qatar/KSA – Types of rights violations

QATAR (2016) SAUDI (2017)

% %
Types of Rights Violations Types of Rights Violations
of respondents of respondents
1. Not entitled to the same wages as
25.9% 1. Decent work hours/ rest day 67.2%
native workers

2. Travel documents withheld by 2. Travel documents withheld by

25.9% 38.1%
employers employers

3. Unable to express views freely 24.1% 3. Unable to express views freely 17.2%

4. Unable to communicate with

4. No job security 15.5% 6.7%
people outside the job sites

5. Unable to join or organize a trade

13.8% 5. Cannot practice own religion 6.7%
union

6. Unable to communicate with people 6. Not entitled to the same

13.8% 5.2%
outside the job sites wages as native workers

7. Restricted from remitting

7. Restricted from remitting earnings 10.3% 5.2%
earnings

8. Unable to change employers 6.9% 8. Excluded from social security 3.7%

9. Unable to engage in industrial

action such as going on strike or 5.2% 9. Leave benefits 3.7%
collective bargaining power

10. Employment insurance

10. Excluded from social security 5.2% 2.2%
benefits

11. Cannot practice own religion 5.2% 11. No job security 0.7%

Source: ILO Global Knowledge Partnership on Migration and Development (KNOMAD)

Survey, 2016/2017

The NMS 2018 defines involuntary work arrangements as those negative experiences of
work conditions that were not of the workers’ own making and that they in all likelihood
did not expect nor accede to voluntarily.²⁶ The survey included a module on these difficult
work situations and outlined 14 possible situations of involuntariness, ranging from possible
misrepresentation to coercion and intimidation.

EXPERIENCED INVOLUNTARY WORK ARRANGEMENTS NEVER EXPERIENCED INVOLUNTARY WORK ARRANGEMENTS

Internal Migrant International Migrant Non-Migrant Internal Migrant International Migrant Non-Migrant

Figure 3. Distribution of migrant workers experienced and never experienced involuntary

work arrangements

26
Philippine Statistics Authority and University of the Philippines Population Institute. (2019). 2018 National Migration Survey.
Philippines.

29
CHAPTER 2

While involuntary work arrangements are not prevalent overall with only 4% of
respondents (consisting of Filipino internal migrants, international migrants and non-migrant
workers), the experience of involuntary work arrangements is markedly higher among
international migrants (14.5%) than internal migrants (2.9%) and non-migrants (1.5%).

Across all the clusters, the nature of involuntariness refers to taking on employment not in
accordance with the provisions of the work contract or the agreed terms and being
pressured or forced to engage in any activity that is against the workers’ will.

Among the Philippine-based workers, involuntary work arrangements include being

pressured or forced to engage in any work that is against their will, being pressured or
forced to sign a contract that was not understood, and being pressured or forced to sign a
contract that was understood but that they did not want to sign.

Among international and internal migrants, the common ground lies in the use of threats
and physical punishment (slaps, kicks) and restrictions in movement in the workplace.

Among international migrants, the key violations are the holding of identification documents
to keep workers from leaving (55%) and the restrictions in/monitoring of communication
with family or friends (33.4%).

Pressured or forced to sign a contract - understood, but against will

Pressured or forced to sign a contract - not understood
Employer threatened employee and/or family

Pressured or forced to engage in any work against will

Pressured or forced to engage in any activity against will

Communication with family/ friends restricted or monitored

Contract signed was used as a threat Employee slapped, hit, kicked employee in workplace

Identification documents withheld to keep from leaving Employer used debt as threat

Not able to come and go from work as pleased

Took up employment not according to contract or agreed terms
Transported to different locations to engage in any work against will

Figure 4. Word cloud – Involuntary work arrangements experienced by international migrants

LARGE-SIZED REPATRIATIONS AND

EXTRAORDINARY EVENTS

In the long years of the OFW program, there have been major extraordinary events that
have resulted in the relatively large repatriation of overseas Filipinos. The COVID-19
pandemic has caused the largest scale of Filipino repatriations. The crisis hit globally,
affecting overseas workers and seafarers all over the world; recent figures show that over

30
CHAPTER 2

700,000 OFWs have returned home. Other unexpected returns include the numbers
displaced as a result of wars, with returns coming from specific countries in the GCC and
other Middle Eastern countries. The most notable evacuations were those from Kuwait
(24,000), Lebanon, Libya and Iraq, among others,²⁷ as well as those triggered by the
economic slowdown due to the Asian financial crisis of 2008.

CHAPTER 3

27
Battistella, G., & Liao, K. A. (2013). Youth migration from the Philippines: Brain drain and brain waste. UNICEF & Scalabrini
Migration Center.

31
CHAPTER 3
THE NATIONAL COMMITMENT TO
PROTECTION AND JUSTICE

The Philippines' commitment to the protection of its citizens working in foreign countries is deep and long-standing.
This draws from the substantial in-country political support for OFWs, which recognizes the overseas employment
program’s important contributions to the Philippine economy in terms of employment and foreign exchange
remittances. In addition, the growing number of OFWs is becoming a potential voting force in Philippine elections,
as nearly 10% of all Philippine households have an OFW working abroad.²⁸

This chapter provides an overview of the comprehensive normative framework underlying the Philippine State’s
efforts to ensure the protection of its overseas workforce. The framework combines national law and the country’s
ratification of key international human rights and labor standards directly related to external migration. The chapter
also spotlights attention on the country’s Joint Solidary Liability provisions in Philippine legislation, a feature unique
in the world and a lightning rod for international praise and criticism.²⁹

3.1 PHILIPPINE LAW RELATED TO OE,

THE OFs AND OFWs
The Philippine Labor Code (1974),³⁰ PD No. 442. Article 12 declared the State’s policy to, among
others, protect every citizen desiring to work locally or overseas by securing for him/her the best
possible terms and conditions of employment. The Presidential Decree institutionalized the participation
of the government in overseas employment. It created the Overseas Employment Development Board
(OEDB) and the National Seamen Board (NSB). These two Boards were mandated to undertake a
systematic program for overseas employment, focusing on market development, recruitment and
placement of Filipino workers. All succeeding legislation on overseas employment will refer back to this
foundational law.

Letter of Instruction No. 537 (1977) established the Welfare Fund for Overseas Workers (Welfare
Fund). The Welfare Fund was established to provide social and welfare services to Filipino overseas
workers, to provide skills and career development services to Filipino overseas workers, to undertake
studies and research for the enhancement of their social, economic and cultural well-being, and to
develop, support and finance specific projects for the benefit of Filipino overseas workers. This Letter
of Instruction provided a way for the government to collect and administer the mandatory and other

28
Social Weather Stations (SWS) (2017). SWS Scoping Study on International Migration in the Philippines: “Making the Case for
More and Better Data for Policy-Making and Program Services” [PowerPoint Presentation]. Quezon City, Philippines.

29
The listing of laws here come from many different sources: PIDS, Migration Laws, Notes from interviews etc.
30
Labor Code, Book 1, art. 12 (Phil.).

32
0
contributions of foreign employers and overseas workers to support the proposed Fund activities.

Presidential Decree 1412 (1978) further amended certain provisions of Book I, Presidential Decree No.
442, otherwise known as the Labor Code of the Philippines. This decree formalized the country’s policy
shift from a 1974 phase-out of private recruitment agencies to the participation of the private sector in
overseas recruitment activities.

Executive Order No. 797 (1982) created the Philippine Overseas Employment Administration (POEA).
The POEA took over the functions of the OEDB and NSB. It was also given jurisdiction to take
cognizance of and resolve cases involving overseas contract workers. This 1982 Executive Order gave
the POEA the original and exclusive jurisdiction over all cases, including money claims, involving
employer-employee relations arising out of and by virtue of any law or contract involving Filipino
workers for overseas employment, including seamen.”³¹

The 1987 Philippine Constitution (Section 3, Article XIII)³² enshrined the country’s commitment with
the mandate that the “State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities for all” – a clear
endorsement of the State’s responsibility for all Filipinos, regardless of where they may be employed.
The 1972 Constitution did not carry this provision.

Executive Order No. 247 reorganized the POEA and a section of this law provided for expanded
powers and functions to include all disciplinary cases, and all pre-employment cases that are
administrative in character, involving or arising out of violation of recruitment laws, rules and regulations,
including money claims arising therefrom or violations of the conditions for the issuance of the license
or authority to recruit workers. This expanded responsibility remains with the POEA, even after the
jurisdiction of all cases involving money claims was later transferred to the NLRC in 1995.

The Philippine Migrant Workers’ Act (PMWA) of 1995, RA 8042, presented the first major policy
redirection of the country’s overseas employment program. The PMWA was informed by the Philippine
legislature’s response to the Gancayco Commission,³³ which investigated the circumstances surrounding
the 1994/1995 arrest, trial, conviction and eventual execution of Flor Contemplacion in Singapore.

The PMWA stated unequivocally that the purpose of the Philippine State interventions would be to
safeguard the dignity and fundamental human rights and freedoms of Filipino citizens and not, as
originally envisioned, as a means to sustain economic growth and achieve national development. The Act
called for preserving the dignity of Filipino migrant workers as citizens and that they be provided with
sufficient and relevant social, economic and legal services. The Act encouraged the participation of non-
governmental organizations (NGOs) as partners in defending the rights and welfare of Filipino migrant
workers.³⁴ An important change brought by RA 8042 is the transfer to the NLRC of the original and
exclusive jurisdiction to hear and decide the claims arising out of an employer-employee relationship by
virtue of law or contract involving Filipino workers for overseas deployment, including claims for actual,
moral, exemplary and other forms of damages.

The PMWA also provided wide-ranging programs and services for the benefit of migrant workers that
envisioned a coordinated effort between various agencies of the government. These include, among
others, the issuance of travel advisories or dissemination of information on labor and employment
conditions and migration realities and other facts to adequately prepare would-be migrant workers to
make informed and intelligent decisions about overseas employment, the establishment of the Migrant

31
Notes of Mr. Francisco de Guzman, Legal Consultant, LBS
32
CONST. (1987), art. XIII, § 3 (Phil.).
33
Creating the Presidential Fact-Finding and Policy Advisory Commission on the Protection of Overseas Filipinos, Exec. Ord. No.
231, O.G. (March 20, 1995) (Phil.).

33
0
CHAPTER 3

Workers and Other Overseas Filipinos Resource Centers, and the establishment of the 24-hour
information and assistance centres in countries with large concentrations of Filipino migrant workers.

The Act also asked for a Shared Government Information System for Migration (Sec. 20) involving many
government agencies for the sharing of existing databases that would include: a master list of Filipino
migrant workers with pertinent demographic information, an inventory of pending legal cases of Filipino
migrant workers, master lists of departing and arriving Filipinos, and a statistical profile on Filipino
migrant workers/overseas Filipinos/tourists. It also required basic data on legal systems, immigration
policies, managed law, civil and criminal codes in receiving countries (particularly those with large
numbers of Filipinos), and a tracking system of past and present disaggregated cases involving male and
female migrant workers. It further envisioned the linking of computer facilities to allow data exchanges
among agencies.

Additional resources were provided for the repatriation of workers in cases of war, epidemics, disasters
or calamities (natural or man-made) and other similar events. In cases of repatriation of workers wherein
the principal recruitment agency cannot be identified, a Legal Assistance Fund (Sections 25, 26) was
provided under the DFA, which will be used to pay for legal services of migrant workers and overseas
Filipinos in distress, and specifically allocated for the fees for foreign lawyers, bail bonds, court fees and
charges, and other litigation expenses.

RA 9189 (2003) Overseas Absentee Voting Act of 2003. This law paved the way for overseas Filipinos
to participate in Philippine national elections. Thus, in May 2004, some overseas Filipinos exercised their
right of suffrage.

RA 9208 (2003) Anti-Trafficking in Persons Act of 2003. This law was regarded as one of the most
comprehensive and progressive anti-trafficking laws passed. This act adopted the UN definition of
trafficking in persons.

RA 9422 (1997) Strengthening the Regulatory Functions of the POEA (amending RA 8042). This law
amended Section 23 (par.b.1) of RA 8042. Under the amended law, the POEA shall regulate private
sector participation in the recruitment and overseas placement of workers by setting up a licensing and
registration system. It shall also formulate and implement, in coordination with appropriate entities
concerned, when necessary, a system for promoting and monitoring the overseas employment of
Filipino workers taking into consideration their welfare and the domestic manpower requirements. It
also repealed Section 29 and 30 of the same law (RA 8042).

RA 9225 (2003) Citizenship Retention and Re-acquisition Act of 2003 (Dual Citizenship Law). By virtue
of this law, natural-born Filipinos who became naturalized citizens of other countries are deemed not to
have lost their Philippine citizenship. They can re-acquire their Filipino citizenship, while at the same time
not losing their other citizenship. To date, more than 6,000 former Filipinos have re-acquired their
citizenship after the implementation of the law.

RA 10022 (2010) An Act Amending RA 8042, 2010. Otherwise Known as the Migrant Workers and
Overseas Filipinos Act of 1995. As Amended. This law introduced the following significant reforms: (1)
mandating the government to monitor international conventions and ratify those that ensure protection
of Filipino workers abroad, as well as forge bilateral agreements with receiving countries, (2) members
of the governing board of the POEA are now made accountable in the deployment of migrant workers,
(3) state officials who facilitate the deployment of OFWs to countries that do not guarantee or follow
international labor standards face dismissal from public service or disqualification from government

34
Ofreneo, R., & Samonte, I. (2005). Empowering Filipino migrant workers: policy issues and challenges. International Labour
Organization.

34
CHAPTER 3

appointments for five years, and (4) provision of the OFW mandatory insurance scheme to agency-hired
overseas workers.

Section 37-A of RA 8042, as amended by RA 10022, states that each migrant worker, including seafarers,
deployed by a recruitment agency shall be covered by a compulsory insurance policy which shall be
secured at no cost to the said worker, which shall remain valid during the duration of the employment
and shall cover: (1) accidental death, (2) natural death, (3) permanent total disablement, (4) repatriation
cost, (5) subsistence allowance, (6) money claims, (7) compassionate visit, (8) medical evacuation, and
(9) medical repatriation.

In RA 10361 (2013) or the Kasambahay Law (2013),³⁵ the State moved to recognize the national need
to protect the rights of domestic workers against abuse, harassment, violence, economic exploitation,
and performance of work that is hazardous to their physical and mental health. While the law itself
explicitly provides protection of local domestic work, the State reaffirmed its role in protecting domestic
workers and recognizing their special needs to ensure safe and healthful working conditions.

The OWWA Charter (2016) declared the state policy as being able to afford full protection to labor,
local and overseas, organized and unorganized, and promote full employment opportunities for all. In
particular, the law clearly placed the OWWA’s function as to protect the interest and promote the
welfare of member-OFWs in all phases of overseas employment, in recognition of their valuable
contribution to the overall national development effort.

35
An act instituting policies for the protection and welfare of domestic workers, Rep. Act No. 10361, § 1-45 (2013), O.G., (Phil.).

35
CHAPTER 3

3.2 INTERNATIONAL HUMAN RIGHTS

CONVENTIONS AND INTERNATIONAL
LABOR STANDARDS
The Philippine State has also enhanced its position in the global community with its ratification of key
international human rights conventions and labor standards. International human rights law imposes on
states the obligations to respect, protect and fulfill the human rights of all persons within their
jurisdiction. In meeting these obligations, the Philippines as a country of origin has opened itself to
scrutiny as it seeks to implement affirmative measures at the outset to protect the rights of migrant
workers. For the human rights treaties, scrutiny is undertaken by established Committees of Experts to
monitor the implementation of the treaty provisions by its States Parties.

The Philippines ratified the Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW) in 1981. Known as the “International Bill of Rights for Women”, CEDAW remains
one of the most highly ratified UN Conventions. Governments who commit to CEDAW are legally
bound to eliminate discrimination against women, including women migrant workers. Covering
measures to address all forms of discrimination against women, the Convention is supplemented by
General Recommendation 26 on Women Migrant Workers, noting that women experience human
rights violations during all stages of migration. Like other core human rights treaties, CEDAW has a
committee that acts as an accountability mechanism to hold Member States to their obligations.

The Philippines ratified the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families in 1995. This UN Convention provides guidance on the
applicability of existing human rights treaty provisions to migrant workers. It identifies specific
obligations of both origin and destination countries in protecting and promoting the free and equal
enjoyment of rights and dignity. In addition to the specific obligation to ensure access to redress, origin
countries have relevant obligations regarding the provision of information and documentation to migrant
workers relating to emigration and immigration. A State Party to the Convention has an affirmative
obligation to guard against migrants being placed in positions in which their terms and conditions of
work differ significantly from what they had been promised at the time of their recruitment.

The Convention reaffirms the right of workers and members of their families to equality with nationals
of the State concerned before the courts and tribunals. In the determination of any criminal charge
against them or of their rights and obligations in a suit of law, they shall be entitled to a fair and public
hearing by a competent, independent and impartial tribunal established by law. In the case of project-tied
workers,³⁶ in the situation where the terms of his or her work contract have been violated by his or her
employer, he/she shall have the right to address his or her case to the competent authorities of the State,
which has jurisdiction over that employer. States are also asked to undertake appropriate measures
against the dissemination of misleading information relating to emigration and immigration. The CMW
has a provision for an individual complaint to be raised to the Committee; unfortunately, however, this
provision has not been activated.³⁷

The Philippines ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially
Women and Children in 2002. The Protocol provides for the protection of the victims of human
trafficking, who oftentimes are migrants. The Protocol has various prescriptions on access to justice that

36
United Nations. (2009). United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their
Families (Ninth and Tenth Session). United Nations Office.
37
Obtained from interviews in third ALTER Validation Workshop (CSOs, Academe, and Migration Experts).

36
CHAPTER 3

must be provided to victims, prescribing that the legal proceedings be confidential and that the victims
be provided assistance to enable their views to be presented and considered in relevant proceedings.
The Protocol also requires the provision of services such as counselling and the option to obtain
compensation for damage suffered.

INTERNATIONAL LABOR STANDARDS

International labor conventions drawn up by the ILO constituents (governments, employers and
workers) set out basic principles and rights at work. Called either Conventions (or Protocols),
these are legally binding international treaties that may be ratified by Member States.
Recommendations serve as non-binding guidelines. In many cases, a convention lays down the
basic principles to be implemented by ratifying countries, while a related recommendation
supplements the convention by providing more detailed guidelines on how it could be applied.
Recommendations can also be autonomous, i.e., not linked to a convention.³⁸

The Philippines, by virtue of its ILO membership, is expected to adhere to eight core international
conventions. Fundamental Conventions are considered to be core principles and rights at work.
These are the following: freedom of association and the effective recognition of the right to
collective bargaining; the elimination of all forms of forced or compulsory labor; the effective
abolition of child labor; and the elimination of discrimination in respect of employment and
occupation. The Philippines has ratified all eight fundamental conventions.

In addition, the Philippines has ratified specific international labor standards for the governance
of labor migration and protection of migrant workers. The country ratified the two migration
conventions, the Migration for Employment Convention, 1949 (No. 97) in 2009 and the Migrant
Workers (Supplementary Provisions) Convention, 1975 (No. 143) in 2006. Convention (No. 143)
is also known as the Convention concerning Migrations in Abusive Conditions and the Promotion
of Equality of Opportunity and Treatment of Migrant Workers. The Convention underscores the
respect for the basic human rights of all migrant workers and is the very first to refer to the
trafficking of persons. These two conventions are accompanied by non-binding
recommendations: the Migration for Employment Recommendation (Revised), 1949 (No. 86) and
the Migrant Workers Recommendation, 1975 (No. 151).

The Philippines ratified the Domestic Workers Convention, 2011 in 2012. While this Convention
addresses the needs of all domestic workers, male and female, in different skills categories, there
are separate distinct provisions on the protection of migrant workers, including provisions for
non-discrimination and equal protection.

Interestingly, the Philippines has not ratified the ILO Convention on Private Employment
Agencies, 1987, (No. 181),³⁹ which recognizes the contribution of private employment agencies
to well-functioning labor markets and sets standards on their operations. Article 7 of this
Convention has set a strict standard of non-fee charging by private employment agencies, with
exceptions given only after consultations with the appropriate tripartite groups. The Philippines

38
International Labour Organization (ILO). (n.d.). Introduction to International Labour Standards.
39
Private Employment Agencies Convention, C181, International Labour Organization: Bureau for Workers’ Activities, 85th Session,
1997.

37
CHAPTER 3

has also not ratified the Protocol to the Forced Labor Convention 1930, in 2014. The Protocol
is a new, legally binding instrument that requires States to take measures regarding prevention,
protection and remedy following the obligation to suppress forced labor. The Protocol also
reaffirms the 1930 definition of forced or compulsory labor and encourages specific action
against trafficking in persons for the purposes of forced or compulsory labor.

The Committee on the Protection of the Rights of All Migrant Workers and Members of
their Families (CMW), the independent body of experts that monitors implementation of
the CMW, consistently examines the reports of the States Parties on the implementation
of the Convention by States Parties.

In its comments to the most recent report of the Philippines,⁴⁰ the Committee noted
with concern that, despite the State Party’s efforts to protect the rights of Filipino migrant
workers abroad, abuse and exploitation continue, especially of women migrants and that
these are underreported. The Committee further suggested that the Philippines:

ensure that “consular services respond effectively to the need for protection
of Filipino migrant workers and members of their families;

take measures to ensure that its embassy and consulate staff abroad are
knowledgeable about the laws and procedures of the countries of
employment of Filipino foreign workers, especially in those countries
categorized as “highly problematic” by the DFA and the DOLE.”

increase dissemination channels to increase awareness among migrant

workers, especially women in domestic service, of the available mechanisms
for bringing complaints against employers and so that all abuses, including ill-
treatment, be investigated and punished.

40
United Nations. (2009). United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their
Families (Ninth and Tenth Session). United Nations Office.

38
CHAPTER 3

RA 9189: The Overseas RA 10801: Overseas Welfare

Absentee Voting Act of 2003 Administration Act

1987 Philippine Constitution, RA 10022: Amendments

Sec. 3, Art. XIII to RA 8042

Presidential Decree RA 9208: Anti-Trafficking

No. 1412 Persons Act of 2003
RA 8092: The Philippines RA 9422: Strengthen
Letter of Introduction EO No. 247 Migrant Workers Act Regulatory Functions of POEA
No. 537
Labor Code of RA 9225: Citizenship Retention RA 10361: Batas
the Philippines EO No. 979 & Re-acquisition Act of 2003 Kasambahay

Discrimination (Employment
& Occupation) Convention, 1958
Domestic Workers Convention, 2011

Equal Remuneration
Migration for Employment
Convention, 1951
Convention (Revised), 1949
Abolition
of Forced Migrant Workers (Supplementary
Right to Organize Labour Provisions) Convention, 1975
& Collective Bargaining Convention,
Convention, 1949 1957
Worst Forms of Child
Labour Convention, 1999

Freedom of Association
& Protection of the Right Minimum Age Forced Labour
to Organize Convention, 1948 Convention, 1973 Convention, 1930

1950 1955 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015

Joint Solidary Liability (JSL) JSL : Confirmed JSL : Established JSL : Reinforced, w/SC
Introduced by SC in Law (w/caps) Confirmation (no caps)

Figure 5. Timeline of the enactment of relevant national laws, the ratification of international
conventions, and the milestones related to the Joint and Solidary Liability
(JSL) mechanisms

3.3 THE JOINT AND SEVERAL LIABILITY

OF RECRUITMENT AND PLACEMENT
AGENCIES WITH THE
PRINCIPAL/EMPLOYER UNDER
PHILIPPINE LAW ⁴¹

As international migration from the Philippines is predominantly channeled through private recruitment
agencies, the Philippine Government adopted the “Joint Solidary Liability (JSL)” provisions in the licensing
of private recruitment agencies. The Migrant Workers and Overseas Filipinos Act 1995 (RA 8042)⁴²
formalized the JSL in law, providing for the liability of the principal/employer and the recruitment/
placement agency for any and all claims arising out of an employer-employee relationship. This joint
liability also extends to claims raised, by virtue of any law or contract, for actual, moral, exemplary and
other forms of damage. In its intention, RA 8042 grants the OFWs an in-country recourse, assuring

41
Ambito, J. S., & Banzon, M. L. (2011). Review of Philippine migration laws and regulations: Gains, gaps, prospects. Philippine
Institute of Development Studies.
42
Prior to the enactment of RA 8042, the concept of JSL was already established in the Philippine law on obligations and contracts,
under Article 1207 of the Civil Code (as related with Title X of the same law, on Agency). JSL as enshrined in our laws on labor
migration is the specific application of this legal concept to the principal-agent relationship between the foreign employer and the
PRA.

39
CHAPTER 3

them of immediate and sufficient payment of expected incomes and benefits due to them in their
employment contracts. Through the JSL, the Philippine Government is able to compel the private
recruitment agencies to answer for non-fulfilment of the workers’ contracts, especially in situations
where the channels for redress in the foreign country are blocked or are limited.

RA 10022 of 2010 reaffirmed the provision of the JSL by requiring this provision to be part of the
worker’s employment contract as a condition for approval.⁴³ The performance bond filed by the
recruitment/placement agency can be answerable for all money claims or damages that may be awarded
to the workers. If the recruitment/placement agency is a juridical being, the corporate officers, directors
and partners, as the case may be, shall themselves be jointly and solidarily liable with the corporation or
partnership for these claims and damages. Such liabilities shall continue during the entire period or
duration of the employment contract and shall not be affected by any substitution, amendment or
modification made locally or in a foreign country of the said contract.⁴⁴

Both RA 8042 and RA 10022 provide that the worker shall be entitled to the full reimbursement of his
or her placement fee and the deductions made, with interest at 12% per annum, plus his or her salaries
for the unexpired portion of his or her employment contract or for three (3) months for every year of
the unexpired term, whichever is less. RA 10022, in addition, requires a mandatory insurance for agency-
hired workers that covers nine areas of protection, including for money claims. These liabilities are valid
during the entire duration of the employment contract, typically in practice, for a period of two years.

The Philippine Supreme Court validated the provisions on JSL in two 1988 cases: Ambraque
International Placement and Services v. NLRC, G.R. No. 77970, January 28, 1988, 157 SCRA 431 and
Catan v. NLRC, G.R. No. 77279, April 15, 1988, 160 SCRA 691. It is also worth pointing out that the
Supreme Court, in the case of Antonio M. Serrano v. Gallant Maritime Services, Inc., et al., March 24,
2008, declared unconstitutional the subject clause “or for three (3) months for every year of the
unexpired term, whichever is less” in the fifth paragraph of Section 10 of RA 8042. The court concluded
that the subject clause contained a suspect classification in that, in the computation of the monetary
benefits of employees who are illegally discharged, it imposes a three-month cap on the claims of OFWs
with an unexpired portion of one year or more in their contracts, but none on the claims of other
OFWs or local workers with fixed-term employment. The Supreme Court saw this clause as violative
of the workers’ right to equal protection and also their right to substantive due process.

The JSL has always been controversial. Many civil society organization (CSO) advocates continue to
uphold the value of the JSL as a key measure of ensuring workers’ protection. However, the JSL has
provided a way for some foreign employers to abrogate their responsibility by transferring the
accountability over contracts instead to Philippine-based PRAs. Further, JSL only addresses the civil
aspect of a wrongful act or harm done to a worker, but the lack of criminal prosecution of employers,
particularly in cases of severe abuse being done to a worker, is a clear gap in the protection of migrant
workers’ rights in the countries of destination. U.P CIFAL⁴⁵ argues that when the OFW files cases for
abuses and costs incurred during their employment, instead of the employer paying for the damages that
they had caused, the liability falls on the private recruitment agency that may not have been party to the
issues involved. In this sense, there is no real access to justice for the worker as the liable employer was
not sanctioned accordingly. It has also created the situation wherein, given the difficulties in obtaining
justice in countries of destination, Philippine labor and civil society representatives may actively
encourage workers to return home and pursue their cases in the Philippines. The JSL would also likely

43
Center for Migrant Advocacy (CMA), & AWO International. (2018). Migrant Domestic Workers' Access to Justice. Center for
Migrant Advocacy.
44
See above citation: Ambito & Banzon.
45
U.P. CIFAL. (2021). Research Study on Mapping the Recruitment Policies, Processes and Practices for Labour Migration from the
Philippines to the Gulf Cooperation Council (GCC) Countries. CIFAL Philippines.

40
CHAPTER 3

have an effect on the costs of recruitment. As the PRA bears the cost, this risk would form part of an
agency’s overhead costs, either in meeting the possibility of a conviction or in expenses to avoid any such
claims.⁴⁶

CHAPTER 4

46
Capistrano, M. (2021, January 18). Personal communication [Personal interview].

41
CHAPTER 4
NATIONAL COMPLAINTS MECHANISMS
The governance of labor migration here in the Philippines has often been considered as the “gold standard” in
administration globally. Its long history; the early establishment of institutions; the ratification and adoption into
national law of international conventions, recommendations and guidelines; and the rhetoric/display of commitment
to service in national and local programs – all these have clearly built an institutional force that unequivocally propels
the protection of migrant workers forward. Yet, despite these milestones, there are persistent large gaps in
providing protection for Philippine migrant workers. Some of these gaps were clearly evident during the COVID-19
pandemic, when foreign migrant workers suffered substantially in their overseas work destinations. The sudden and
immediate lockdown deprived many migrant workers of their employment, health and social protection.

Given the high priority that Philippine law and policy places on the protection of its overseas workers, its impact
and effectiveness rest less on the jobs created or foreign earnings remitted but on the extent that the government
(or the State) is able to reduce risks and vulnerability of the OFWs, and in the event of contractual and recruitment
violations, the extent that the State is able to provide workers the access to mechanisms for redress.

This chapter presents the Philippine complaints/grievance mechanisms and their mandates, illustrates the processes
and identifies its challenges. The mechanisms to be discussed here include: the POEA, the OWWA, the NLRC and
finally, the POLOs, which are at the forefront of responding to workers experiencing problems at the countries of
destination. There are also brief discussions on the protection of undocumented workers, whose concerns are
handled by the DFA.

42
4.1 A HISTORY OF CHANGING
ACCOUNTABILITY ⁴⁷
The jurisdiction over overseas employment cases involving employer-employee relations arising out of
and by virtue of any law or contract involving Filipino workers rests on two offices of the DOLE: the
POEA (1982-1995) and the NLRC (1995-2021). Responsibility over these cases alternated between
these two institutions in time.

In 1982, Executive Order No. 797 established the POEA and vested the new office with exclusive
jurisdiction over all cases, including money claims.

“ The Administration shall formulate and

undertake, in coordination where necessary with
the appropriate entities concerned, a systematic
program for promoting and monitoring the
overseas employment of Filipino workers taking
into consideration domestic manpower
requirements, and to protect their rights to fair
and equitable employment practices. It shall have
the original and exclusive jurisdiction over all cases,
including money claims, involving employer-
employee relations arising out of or by virtue of
any law or contract involving Filipino workers for
overseas employment, including seamen. This
adjudicatory function shall be undertaken in
appropriate circumstances in consultation with the
Construction Industry Authority of the Philippines.
The governing Board of the Administration as
hereinunder provided, shall promulgate the
necessary rules and regulations to govern the
exercise of the adjudicatory function of the
Administration.

”
47
De Guzman, F. (2021, January 20). Personal communication [Personal interview].

43
CHAPTER 4

In 1987, Executive Order No. 247 reorganized the POEA and strengthened its powers and functions by
including the POEA’s jurisdiction over all pre-employment cases that are administrative in character.

“ Exercise original and exclusive jurisdiction to hear

and decide all claims arising out of an employer-
employee relationship or by virtue of any law or
contract involving Filipino workers for overseas
employment including the disciplinary cases; and all
pre-employment cases which are administrative in
character involving or arising out of violation of
recruitment laws, rules and regulations including
money claims arising therefrom, or violation of the
conditions for issuance of license or authority to
recruit workers.

”
RA 8042 (1995), later reaffirmed by RA 10022 (2010), radically shifted the jurisdiction to hear and
decide the claims arising out of overseas employment, including claims for actual, moral, exemplary and
other forms of damages. The main difference with the 1982 provision is the call for a decision within
ninety calendar days of filing the complaint. The main reason for the radical shift was the perception that
the POEA took so long in the resolution of cases; the NLRC had promised to accelerate their decision-
making process.⁴⁸

“ Notwithstanding any provision of law to the

contrary, the Labor Arbiters of the National Labor
Relations Commission (NLRC) shall have the
original and exclusive jurisdiction to hear and
decide, within ninety (90) calendar days after filing
of the complaint, the claims arising out of an

48
Bitonio, B. (2021). Personal communication [Personal interview].

44
CHAPTER 4

employer-employee relationship or by virtue of any

law or contract involving Filipino workers for
overseas deployment including claims for actual,
moral, exemplary and other forms of damage.

”
4.2 THE INTRODUCTION OF THE SINGLE
ENTRY APPROACH (SEnA)
While the jurisdiction over overseas employment cases lies with the POEA and NLRC, all overseas cases
form part of the DOLE’s administrative dispute resolution mechanisms and are covered by the Single
Entry Approach (SEnA). First introduced through DOLE’s Department Order 107-10 and later
institutionalized with the passage of RA 10396 in 2013, the SEnA is an administrative approach to
provide a speedy, impartial, inexpensive and accessible settlement procedure of all labor issues or
conflicts to prevent them from developing into full-blown disputes or actual labor cases. The SEnA aims
to obtain the amicable settlement of the dispute among the differing parties wherein a neutral party, the
SEnA Desk Officer (SEADO), assists the parties by giving advice or offering solutions and alternatives to
the problems. SEnA action desks have been set up at DOLE regional offices, the National Conciliation
and Mediation Board (NCMB), the NLRC, the POEA and the OWWA. The POLOs in the OFWs’
countries of destination are also considered as SEADOs.

OFW cases join many other categories of Philippine labor cases that may be settled through SenA, such
as: termination or suspension of employment; claims for any sum of money, regardless of amount; intra-
union and inter-union issues, after exhaustion of administrative remedies; unfair labor practices; closures,
retrenchments, redundancies, and temporary lay-offs; and any other claims or issues arising from an
employer-employee relationship (except for occupational safety and health standards involving imminent
danger situations, dangerous occurrences and/or disabling injury, and/or absence of personal protective
equipment).⁴⁹ Cases involving physical and sexual abuse and rape that are criminal in nature are never
conciliated but are subject to criminal procedures of the country of destination.⁵⁰

SEnA sets a period of 30 calendar days for conciliation-mediation. Settlement agreements reached are
final and immediately executory. It is binding on all DOLE offices and attached agencies, except when
these agreements are found to be contrary to law, morals, public order and public policy. If the case is
resolved through an agreement of the parties, such agreement will then preclude the filing of a
subsequent case based on the same cause.⁵¹

If there is no agreement within the mandatory period, the parties may choose to elevate the Request
for Assistance (RFA) to the POEA or the NLRC especially when: 1) no settlement is reached within the

49
Department of Labor and Employment (DOLE). (2021). Single Entry Approach (SEnA).
50
Obtained from interviews in first ALTER Validation Workshop (Government).
51
From interview with Bobot Bitonio, former Usec of DOLE: There have been cases wherein the NLRC has reviewed a settlement
under these conditions.

45
CHAPTER 4

30-day timeframe, or 2) when either party is found to be not complying with the stipulations of the
agreement reached. At the POEA, the case/complaint moves to its Adjudication Office. In serious cases
of non-compliance, the Adjudication Office can immediately call for the PRA’s suspension of contracts
processing.

A major contentious discussion among the different SEnA providers is the finality of compromise
agreements negotiated and settled by the SEnA desk officers. The NLRC, the POEA and the OWWA
have reserved the right for repatriated OFWs to raise questions about their compromise agreements,
especially where the compromises are clearly, though subjectively, considered substandard. All agencies
engaged in negotiating settlements need to understand and agree jointly on determining whether these
compromises are “substandard.”⁵²

With online operations becoming more important due to the COVID-19 pandemic, the DOLE has
introduced the online portal of the e-SEnA, where a worker/group of workers/employer may submit a
request for assistance through the portal. The portal aims to be easily accessible to any worker with a
cellphone or access to a computer and internet.

4.3 THE PHILIPPINE OVERSEAS

EMPLOYMENT ADMINISTRATION
Established in 1982, the Philippine Overseas Employment Administration is the lead government agency
in “facilitating the generation and preservation of decent jobs for Filipino migrant workers, promoting
their protection and advocating for their smooth reintegration into Philippine society”.⁵³ Its core
functions include: (a) industry regulation, (b) employment facilitation, and (c) workers’ protection (Annex
A. POEA organizational chart). In actual practice, the POEA’s primary function has increasingly focused
on recruitment regulation. Action on industry regulation includes issuing licenses, as well as hearing and
arbitrating complaints and cases filed against recruitment and manning agencies, foreign principals and
employers, and overseas workers for reported violations of POEA rules and regulations, except for
money claims. The POEA also takes action against illegal recruiters, working with other government
agencies to meet its obligations.

LEGAL AID AND ASSISTANCE

The POEA’s Legal Assistance Division (LAD) assists distressed workers, mainly repatriated
OFWs, by providing information about the workers’ rights and options for the redress of their
grievances. The LAD’s services include counselling, the preparation and filing of complaints for
illegal recruitment and recruitment violations, and disciplinary action cases against PRAs and
workers.

53
Philippine Overseas Employment Administration. (n.d.). About POEA. POEA - Philippine Overseas Employment Administration.

46
CHAPTER 4

PROCEDURES FOR HANDLING/RESOLVING

PROCESSES

Prospective migrant worker/family member (“complainant”) submits a

request in person or through an online process to the relevant government
¹ agency (i.e., POEA, NLRC, OWWA, ILAB in country of destination) and
completes a complaint form.

On receipt of a request, the LAD staff sort the most immediate and priority
concerns. For requests involving rescue and repatriation concerns, the
request is immediately endorsed to the Repatriations Liaison. Another
immediate action is for those seeking the release of passports and identity
documents that have been withheld by their employers. In these situations,
² LAD staff immediately and directly contact the Filipino private recruitment
agencies involved in order to facilitate the immediate return of these
documents. Once problems have been addressed, the cases are referred back
to the LAD to address the legal issues within a case. In this sense, the LAD
acts as a clearing house.

Document the complaint and research the complainants’ personal

documents and other related documents in support of the complaint
³ (passport, contract of employment, agreements with the agency, medical
report)

Verify the type and character of the case to determine the appropriate
4 person to handle the case

Schedule a conciliation session to resolve any case arising from overseas

5 placement, including money claims

If the case involves money claims, urge and guide the complainants to file the
6 case with the relevant authorities

Prepare a summary of a concluded case, including the notes of the agreement

7

47
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8 Endorse to conciliation and mediation

With the current state of public health emergency brought about by the COVID-19 pandemic
and various levels of community quarantine still observed in the country, the POEA issued
Memorandum Circular No. 12 (series of 2020) outlining the guidelines for an intensified offering
of legal assistance during the lockdown. Aiming to ensure the timely and effective delivery of legal
services, the LAD re-introduced more proactively the POEA Legal Assistance Online platform
and paid more attention to queries and complaints raised via the POEA’s email and Facebook
portals. The Facebook page, originally meant to be a public information service for OFWs, has
since become an accessible platform for many workers, primarily useful as a “first aid” type of
response.

Table 9 shows that in the early days of the pandemic in 2020, the LAD handled approximately
850 cases a month, 67% involving female OFWs and 33% concerning male OFWs. In the June
2020 to November 2020 period, the numbers rose by 2.6 times to nearly 3,000 cases per month.
The workers’ preferred access is through email, though there is also a rising number of requests
registered in the LAD Facebook account. Despite the pandemic, however, the office continued
to receive walk-in clients, not just OFWs but also their family members. During the pandemic, a
substantial number of requests were related to the extension of the DOLE’s emergency
assistance program for the OFWs.

Table 9. Number of individuals assisted by POEA LAD, January-November 2020

OVERALL TOTAL JAN-MAR JUN-NOV

ACCESS CHANNELS MAR-MAY
(JAN-NOV 2020) Total M F Total M F
Walk-in 4,083 2,478 827 1,651 - 1,605 - -
Legal Assistance Portal 2,375 - - - 529 1,846 - -
Legal Assistance Email 5,149 - - - 316 4,833 - -
Facebook 711 - - - - 711 - -

TOTAL 12,318 827 827 1,651 845 8,995 248 463

Percentage 100% 33.4% 66.6% - -

Source: Philippine Overseas Employment Administration

Women are seeking assistance at a higher percentage than men. In addition to reports on
contract violations, women also raise issues of maltreatment such as physical and sexual
harassment, abuse and rape. The LAD has an internal target to assist overseas workers within 24
hours. This includes the review of and counselling on the filing of cases. Pre-pandemic, this
process could take place within one working day, but with the pandemic, the process can stretch
to additional days to build a case. There is still quite a large number of workers who use online
technology such as emails or digital applications, especially in scanning and submitting relevant
documents online.⁵⁴

54
De Guzman, K. (2021). Personal communication [Personal interview].

48
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CONCILIATION
The POEA’s rules require that all workers’ grievances are conciliated in order to settle claims⁵⁵
under the supervision of the POEA’s Conciliation Unit. In conciliation, the POEA officers arrange
one or more hearings with the OFW-complainant and the PRA to consider compromise
agreements or settlements. “Successful” conciliation leads to settlements between the workers
and the foreign employers/recruiters. These are in the form of quitclaims that employers/
recruiters and workers jointly undertake.⁵⁶

The Conciliation Unit does not yet have its own online platform, and online hearings have proven
to be challenging. This has resulted in a significant backlog of pending cases for conciliation.⁵⁷
Another major concern in conciliation is the difficulty in tracking OFW cases within and among
the different DOLE offices, particularly in responding to workers’ and media requests on the
status of cases, especially if these were not originally conciliated in the POEA.⁵⁸

CONCILIATION PROCESS
This conciliation process can take place within 2-4 weeks and will involve 2-3 hearings,
depending on the nature of the cases.

The Conciliator (He/She) meets up with the complainant and the PRA rep
1 explains the process and the benefits of negotiating the dispute directly.

He/She must encourage the parties to explore their individual interests and
2 to find a solution that is best for both parties.

He/She gives the parties a negotiation period (30 days) and must explain the
3 process to both parties.

He/She informs either party that they may be accompanied by an attorney if

4 they so wish.

55
Philippine Overseas Employment Administration. (2016). Revised POEA Rules and Regulations governing the recruitment and
employment of Landbased Overseas Filipino Workers of 2016.
56
Obtained from first ALTER Validation Workshop (Government).
57
See above citation: ALTER Validation Workshop.
58
See above citation.

49
CHAPTER 4

The final agreement or disagreement is stated in the minutes of the meeting,

5 signed by both parties.

In the event that a recruitment agency does not fulfill its obligations, the
6 POEA can suspend the processing of its ongoing contract approvals or
impose a sanction in line with the law.

If the parties fail to reach an agreement, any information or admission made

7 by the other party during the mediation cannot be used as evidence in a court
of law.

Any of the parties may decide to continue the case by bringing it to either the
8 POEA Adjudication Office or the NLRC.

ADJUDICATION
The POEA has the exclusive jurisdiction to “hear and decide all cases which are administrative in
character, involving or arising out of violations of recruitment rules and regulations, including
refund of fees collected from Overseas Filipino Workers and any violation of the conditions for
the issuance of the license to recruit Overseas Filipino Workers”,⁵⁹ the Administration shall
likewise exercise original and exclusive jurisdiction to hear and decide disciplinary action cases
against Overseas Filipino Workers and principals/employers that are administrative in character,
excluding money claims.

The Adjudication Office is also the final step for the POEA to issue judgments against recruitment
violations of licensed recruitment agencies. These violations of recruitment agencies cover 22
prohibited practices found in the POEA Rules and Regulations 2016. The list includes serious
offenses such as recruitment of workers to jobs harmful to public health, morality or to the
dignity of the Republic of the Philippines; the payment of excessive fees beyond what is allowed
by POEA rules and regulations; as well as those referring to non-compliance to administrative
rules of the POEA such as submission of reports.⁶⁰

Submission to the Adjudication Office (AO) of the POEA places the case/complaint in a more

59
See above citation: Revised POEA Rules and Regulations governing the recruitment and employment of Landbased Overseas
Filipino Workers of 2016.
60
Philippine Overseas Employment Administration. (2016). Revised POEA Rules and Regulations governing the recruitment and
employment of Landbased Overseas Filipino Workers of 2016.

50
CHAPTER 4

formal setting. The Office has the power to summon private recruitment agencies for various
hearings during the investigative processes. They are able to impose sanctions such as the
temporary suspension of documentary processing, considered the lifeblood income of
recruitment agencies. While the AO’s target is to resolve all the cases the office received during
the calendar year within the same year, achieving this goal has been a challenge. The extended
duration of cases is often due to the repeated postponement of cases with the failure of one or
both parties to appear for hearings; there is also a significant number of cases that are archived
because of the disinterest or withdrawal of the parties.

ACTION ON ANTI-ILLEGAL
RECRUITMENT
The POEA’s Anti-Illegal Recruitment Branch provides assistance to victims of illegal recruitment
in filing/pursuing administrative or criminal cases, initiates the prosecution of illegal recruiters in
collaboration with the Department of Justice prosecutors, conducts special operations such as
surveillance and closure of establishments, and engages an information and education campaign.⁶¹

Available data on illegal recruitment (2014-2020) (Table 2) show a declining number of

complaints and a relatively low number of complainants. Conviction rates also seem to be
surprisingly low. The number of surveillance and special operations rose in 2020 (Table 3), though
it is unclear whether the surveillance focused on non-licensed agencies without permits to
operate or on prohibited practices undertaken by licensed agencies.

4.4 OVERSEAS WORKERS’ WELFARE

ADMINISTRATION (OWWA)
The Overseas Workers’ Welfare Administration is one of the most important avenues for workers to
directly report and seek solutions to their grievances and concerns. The OWWA views itself as the
frontliner in addressing problems of OFWs, with its mandate fully established by law in RA 10022, an
amendment to the Migrant Workers and Overseas Filipinos Act of 1995 (RA 8042). An important
distinction from the POEA is that the OWWA addresses complaints of all Filipino overseas workers,
regardless of whether workers were recruited or hired through agency hiring, government-to-
government arrangements, name-hired channels, or informal and irregular channels. Many complaints
are brought by workers to the authorities’ attention by walking-in and registering complaints at the
OFW Help Desk posts, including several at the international airports. The OWWA also has both an
international and national presence, with its welfare officers in 32 international offices and 15 regional
offices in the Philippines. The OWWA’s welfare officers are part of the Philippine Embassy’s POLO and
together they present the overseas operations as part of the Embassy’s one country team approach.

The OWWA Administration also supervises and controls an Emergency Repatriation Fund consisting of
an allocation of OWWA funds and additional funds appropriated from the annual General

61
Taken from the 2021 POEA AIR Briefer (Unpublished briefer).

51
CHAPTER 4

Appropriations Act for the repatriation of workers in cases of war, epidemics, disasters or calamities
(natural or man-made) and other similar events, and in cases of repatriation of workers wherein the
principal recruitment agency cannot be identified. While OWWA funds are sourced as contributions of
worker and employer members, the OWWA is authorized to disburse these contributions to support
the needs of those who have not contributed to the funds. In practice, the Office of the Undersecretary
for Migrant Worker Affairs (OUMWA) of the DFA advances the costs of repatriation in emergency
situations from its assistance to nationals (ATN) Fund, which is eventually reimbursed by the OWWA.

The OWWA reports that the numbers of complaints received are on an upward trend, rising from
25,305 (2016), 34,464 (2017) and 42,682 (2018). The top two categories of complaints are unpaid
salaries and benefits followed by maltreatment. Pre-pandemic, the majority of the complainants were
female household workers from the Middle East. OWWA international shelters now house an equal
number of male and female workers.⁶²

Settled Cases

Withdrawn Cases Pending; 24; 0.52%

Referred to NLRC/ POEA

Lack of information Settled Cases; 2,697; 58%

Pending

Lack of Information (LOI); 1,145; 25%

Referred to NLRC/ POEA; 719; 15%

Withdrawn Cases; 71; 2%

Figure 6. Status of complaints/ cases received by OWWA, 2020

Source: Overseas Workers Welfare Administration, 2021

As a designated SEnA action desk, the OWWA received a total of 4,663 cases in 2020, settling 58% of
these cases, while 25% were effectively withdrawn and only 15.6% moved on for further adjudication.

62
Hapal, J. (2021, January 6). Personal communication [Personal interview].

52
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DURATION
The OWWA seeks the quick resolution of cases, especially those brought to their overseas
offices, given the constraints of expiring visas and the high costs of lodging and accommodations
in the countries of destination. The timeframe provided for in SEnA (30 days) may be too long
for distressed workers with no living accommodations. There are, however, cases that cannot be
resolved onsite. These cases include maltreatment, sexual abuse and sexual harassment. In these
situations, the OWWA’s intervention is to summon the Foreign Recruitment Agencies (FRAs)
onsite and Philippine recruitment agencies to immediately remove workers from perilous
situations. The OFWs then have the choice of pursuing legal action or repatriation to the
Philippines.

4.5 THE PHILIPPINE OVERSEAS

EMPLOYMENT OFFICE (POLO) AND THE
INTERNATIONAL LABOR AFFAIRS OFFICE
The Philippine Overseas Labor Office is the international arm of the DOLE and is responsible for the
administration and enforcement of its policies and programs applicable to OFWs. There are 34 POLOs
around the world – 11 of which are in Asia, 13 in the Middle East, seven in Europe, and three in the
Americas.

A labor attaché leads a staff of at least five personnel at the POLO. He/she manages the operations of
the Filipino Workers’ Resource Center (FWRC). A key officer of the POLO is an OWWA welfare
officer who is responsible for receiving complaints and concerns of the OFWs. The POLO operates
under the One-Country Team Approach (OCTA), wherein all officers, representatives and personnel of
the Philippine Government posted abroad shall, in each host country, act as a one-country team with a
mission under the leadership of the ambassador, who shall act as team leader. In Manila, the International
Labor Affairs Bureau (ILAB) provides administrative support to the POLO.⁶³

PROCESSES FOR A DOMESTIC WORKER (DW) AT SITE

63
Visperas, A. (2021, January 13). Personal communication [Personal interview].

53
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PROCESSES FOR A DOMESTIC WORKER

(DW) AT SITE⁶⁴
**For Categories other than Skilled Professionals and Technicians

The DW can approach the employer with a copy of the signed contract and
1 identify the violation.

The DW has a choice to call the office of the foreign recruitment agency or
their Manila recruitment agency, which would then opt to directly negotiate
2
with the employer (or the FRA) to find acceptable solutions or alternatives.

When faced with slow or no response, the DW submits a complaint to the

POLO. The DW’s family member may also contact the POLO via a report to
3 the POEA and OWWA. Ideally, the DW’s family has the name of the worker,
the name of the Philippine agency, and a copy of the approved contract to
facilitate identification.

The DW is encouraged to stay in current housing unless conditions are

4 untenable (relevant in cases of sexual abuse, harassment, rape).

The POLO calls the Philippine Embassy, the DW and the FRA to mediate and
find solutions. The welfare officer first discusses the grievance with the DW
5 and takes a statement or a report from him/her. In receiving the complaint,
the officer seeks a conciliation or mediation, calling the employer or their
representatives, usually the foreign recruitment agency.⁶⁵

In the case of no agreement, the Embassy may:

6
• Report the case to the relevant authority;

64
Those workers classified as skilled or technical often work in companies with established HR systems and embedded complaints
mechanisms.
65
Conciliating the positions of the workers and employers takes on different practices in different regions.

54
CHAPTER 4

• Provide safe shelter; OR

6 • Request the POEA to ask that the FRA repatriate the worker.

7 Upon repatriation, the other SEnA processes are followed.

The successful outcomes of conciliation depend on the seriousness of the cases and the freedom of
movement provided to migrant workers by labor laws of the country. For example, in Kuwait, when a
domestic worker leaves a household for more than 24 hours, the worker will be charged with
absconding and possibly theft. It is essential for the welfare officer to immediately inform the employer
and the Ministry of Manpower of the whereabouts of the worker. In Hong Kong, workers are allowed
to terminate their contracts and have 14 days allowable stay after their contract termination.

Typically, when cases or complaints are brought to the POLO, it is likely that the employer/worker
relationships have deteriorated significantly and there is very limited leeway for conciliation or
negotiation. As an example, in Singapore, on the receipt of a complaint, the POLO calls the foreign
placement agency to seek a resolution of the case in Singapore. It may involve facilitating the worker’s
transfer out of a current contract to a new employer or arranging for a repatriation. In cases involving
repatriation, the POLO coordinates with the OWWA and POEA for support. Once the workers have
been repatriated, they are likely to pursue their cases against the local Philippine agent using the standard
POEA/NLRC procedures.

Attached to the Philippine Labor Office are Overseas Filipinos Resource Centers, mandated by the 1995
Migrant Workers and Overseas Filipinos Act. Under this legislation, Philippine Embassies / Consulates
with other government agencies are asked to establish a 24-hour information and assistance centre in
countries with large concentrations of Filipino migrant workers. Among the services provided by the
centre are (a) counselling and legal services; (b) welfare assistance including procurement of medical and
hospitalization services; (c) information programs to promote social integration settlement and
community networking; (d) training and skills upgrading; and (e) gender-sensitive activities to assist
specific needs of women migrant workers.

The ILAB reports the top numbers of cases reported to the POLOs. Table 10 ranks the posts in terms
of the numbers of cases and shows that the GCC countries post the highest number of complaints/
cases. Table 11 ranks these same countries in terms of cases over the resident OFW population. Al-
Khobar in the KSA ranks first in both lists. There is no additional information on the number of
Philippine resource centres, their distribution and use by OFWs.⁶⁶

66
Ofreneo, R., & Samonte, I. (2005). Empowering Filipino migrant workers: policy issues and challenges. International Labour
Organization.

55
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Table 10. Ranking of GCC POLO posts in number of reported cases to the POLOs, 2018

RANK POLO NO. OF WELFARE CASES (2018) % OF TOTAL CASES

1 Al Khobar, KSA 20,640 25%
2 Abu Dhabi, UAE 9,526 12%
3 Jeddah, KSA 8,983 11%
4 Riyadh/CRO, KSA 8,822 11%
5 Kuwait 6,831 8%
6 Dubai 4,875 6%
7 Qatar 4,833 6%
8 Malaysia 2,854 4%
9 Taichung 2,351 3%
10 Taipei 1,769 2%
11 Oman 1,674 2%
12 Lebanon 1,598 2%
13 Jordan 1,368 2%
14 Bahrain 931 1%
15 Macau 793 1%

Source: Source: International Labor Affairs Bureau, Department of Labor and Employment,
as reported in UP CIFAL

Table 11. Ranking of GCC posts in terms of cases/OFW population, 2018

No. of cases received *% of claimants against

Rank POLO No. of OFWs
(2018) population
1 Alkhobar, KSA 197,557 20,640 10%
2/3 Jeddah, KSA 218,633 8,983 4%
2/3 Oman 47,537 1,674 4%
4/5/6 Riyadh and Unaizah, KSA 286,782 8,822 3%
4/5/6 Abu Dhabi, UAE 297,592 9,526 3%
4/5/6 Kuwait 248,354 6,831 3%
7/8 Bahrain 47,957 931 2%
7/8 Qatar 241,009 4,833 2%
9 Dubai, UAE 421,686 4,875 1%

Source: Source: International Labor Affairs Bureau, Department of Labor and Employment,
as reported in UP CIFAL

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4.6 THE NATIONAL LABOR RELATIONS

COMMISSION (NLRC)
The National Labor Relations Commission (NLRC) is a quasi-judicial agency attached to the DOLE. The
NLRC is mandated to adjudicate labor and management disputes involving both local and overseas
workers through compulsory arbitration and alternative modes of dispute resolution. Not part of the
judiciary, the NLRC is an administrative body in the executive department. While it hears and decides
cases like regular courts, its rules of procedure are different from those of regular courts.⁶⁷ Appeals of
the NLRC’s judgments are filed at the Court of Appeals and, if still pursued thereafter, submitted to the
Philippine Supreme Court. OFW cases that go through the whole gamut of the appeals can, in some
cases, have a duration of 10 years.⁶⁸

As part of the major reforms brought about by the Migrant Workers’ and Overseas Filipinos Act, the
jurisdiction of cases involving money claims was transferred out of the POEA to the NLRC. The primary
explanation of the transfer was that the POEA did not have the resident technical expertise to
adjudicate. Further, the transfer to the NLRC was also expected to ensure more transparent
adjudication processes.⁶⁹ However, the downside also meant an additional 15%-20% caseload burden on
the NLRC and, given its quasi-judicial nature, a greater use of adversarial and litigious processes. The
OFW cases in the NLRC largely involve claims of seafarers for disability claims and death benefits. The
complaints and cases of land-based workers are fewer and are largely claims for unpaid salaries, contract
violations and illegal termination.⁷⁰

The NLRC has received criticism for many years on the backlog of cases and lengthy periods of waiting
prior to judgment. There is additional criticism on corruption at both the POEA and the NLRC and the
re-energizing of “ambulance chasers” seeking quick returns for facilitating cases.⁷¹ There are complaints
of the lack of transparency in assigning cases to the arbiters. Specifically, there is a perception that
ambulance chasers zero in on sea-based workers in particular as settlements, and their lawyers’
commissions, are much higher. Table 12 shows the NLRC’s concern to show its quick disposition of
cases. The NLRC has been overshooting its targets (as seen in Table 12), including the strong
performance of the regional arbitration branches. Conciliation and mediation are desired outcomes in
most of these cases, with 73% decided on the basis of conciliation and mediation. Another performance
indicator was the proportion of cases resolved within three months, which is indeed a high 73%.

67
De Guzman, F. (2021, January 20). Personal communication [Personal interview].
68
Bitonio, B. (2021). Personal communication [Personal interview].
69
Interview with NLRC source, prefers to be anonymous.
70
Obtained from first ALTER Validation Workshop (Government).
71
Hernandez, A. (2021, January 19). Personal communication [Personal interview].

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Table 12. Performance Indicators of the NLRC comparison of targets and actual performance, 2017

% -- Actual /
PERFORMANCE INDIC
ATORS TARGET ACTUAL
Target
* Regional Arbitration Branches: 40,000 47,791 119%

(a) Settled by SEADO (SEnA) 14,944

(b) Settled by Labor Arbiter (CA) 19,886
(c) Decided by Labor Arbiter (CA) 12,961
* Commission Proper:
(a) Decided by Commissioner (Appeal) 10,500 10,423 99%
Quality: Percent ag e increase in case s resolv ed through
conciliation-mediation:
* Regional Arbitration Branches: 60% 73% 121%
34,830
(a) Settled thru con-med by SEADO (SenA) 14,944
(b) Settled thru con-med by Labor Arbiter (CA) 19,886
Timele s s: Per cent ag e of case s resolv ed within three (3)
months from filing /receip t:
* Regional Arbitration Branches 65% 7 4% 115%
35,874
* Commission Proper 65% 93% 141%
9,575

Source: National Labor Relations Commission

The pace of the resolution of labor disputes, including OFW/OE-related cases, by labor arbiters has
improved throughout the past 25 years. This is attributed to a combination of factors, including but not
limited to: (a) the increase in the number of labor arbiters, motivated by the increased salary for such
position, which was made equivalent to that of Regional Trial Court (RTC) judges; (b) the appointment
of younger and more energetic labor arbiters; and (c) the adoption of procedural rules designed to
minimize delays in the disposition of cases, e.g., prohibited pleadings, no extensions/postponements, no
motions for reconsideration, shorter 10-day period for appeal, etc.; the use of information and
communications technology, which has made filings, requests and follow-ups possible through email
instead of personal appearances, and research and decision-making faster through an increase in the
number of appellate divisions from five to eight.⁷²

Table 13. Number of cases received and disposed (2015-2020)

DISPOSITION OF CASES
Year Total number* of cases Total number** of cases
Disposition rate
received disposed
2015 42,279 41,882 99.06%
2016 50,563 41,701 82%
2017 45,228 43,270 96%
2018 50,353 48,770 97%
2019 53,097 53,292 100.3%
2020 26,696 28,016 105%
Source: National Labor Relations Commission
*Total number of cases received pertains to those received both at the Regional Arbitration Branches
(RABs) and the Commission Proper levels for that year.
**Total number of cases disposed pertains to disposition of cases both at the Regional Arbitration
Branches (RABs) and the Commission Proper levels. Disposed cases may also include those pending
from previous years.

72
See above citation: Interview with Atty. Francisco De Guzman, LBS Recruitment.

58
CHAPTER 4

The NLRC has its own internal case monitoring and case management system. The NLRC has an option/
feature in their website where complainants can check the status of their cases. The Commission has
also launched its Electronic Case Tracking System (ECTS), an online portal where the filing of the
request for assistance could be done.⁷³ The NLRC Data management system could be further improved
to provide information on OFWs. It would be critical to have separate OFW tables showing overall
financial awards, whether through SEnA or through compulsory arbitration. Additional information on
the categories of cases, the profile of beneficiaries (land-based and sea-based workers, male or female)
and workplace locations. The NLRC publishes reports only on the monetary value of its decisions
favouring OFWs and performance indicators on the disposition of cases at the NLRC.

Table 14. Number of cases received and disposed (2015-2020)

Land-based OFWs Sea-based OFWs**

Year
Amount awarded
2015 309,908,534.40 652,086,504.60
2016 379,476,674.16 3,297,108,850.64
2017 381,224,621.68 2,576,587,805.89
2018 626,747,882.09 3,626,527,516.25
2019 667,415,145.86 3,279,516,935.30
2020* 428,635,626.38 1,423,326,835.11
TOTAL 2,793,408,484.57 14,855,154,447.79
Source: National Labor Relations Commission (*as of September 2020)
**Based off figures of overall settlements (settled and decided) with subtracted land-based
OFW settlements

4.7 COMPARISONS OF SYSTEMS WITHIN

THE DOLE

COMPARISON OF INTERNAL
MONITORING SYSTEMS WITHIN
THE DOLE
Three DOLE offices – the POEA, OWWA and ILAB – and the NLRC have internal tracking
systems to monitor the performance of their individual units that are associated with complaints
mechanisms. These systems are not fully operational in each of the offices, and because of
differences in systems and technology, the monitoring systems are not able to link to nor
communicate with each other.

The Information and Communication Technology Division of the Philippine Overseas

Employment Administration (POEA-ICT) is primarily focused on issues surrounding the
deployment of a worker, such as numbers leaving for foreign employment, employment contracts

73
See above citation: First ALTER Validation Workshop (Government).

59
CHAPTER 4

processed, features of deployment such as gender, location of work, status of contracts (new and
rehiring), among others. The main application of ICT in worker welfare monitoring is the OFW
Welfare Monitoring System (OWMS), designed to accommodate quarterly status reports of
private recruitment agencies and their exceptional reports of significant events. The OWMS is
detailed in Chapter 5 as a PRA reporting requirement. The ICT Division intends to expand access
to the OWMS to all the stakeholders: private agencies, liaison officers, and even directly by the
OFWs themselves.

The POEA-ICT has developed around 10 to 15 internal systems for different units to use. These
are based on functioning manual systems that were eventually automated. Managers of the
business processes (e.g., OWMS) provided insights on innovating the system and increasing its
efficiency. For now, these systems within the POEA do not communicate or connect with each
other due to difficulties with the POEA’s digital infrastructure.

The OWWA hosts an internal digital monitoring system called ECARES. This system is capable
of tracking OFW cases, including those coursed through the DOLE’s electronic e-SEnA system.
The OWWA is connected to the e-SEnA, hence the agency’s complaints or reports are manually
encoded and tagged with Request for Assistance (RFA) in the e-SEnA. With this information on
hand, the POLO or the OWWA welfare officers abroad can immediately inform the FRA and the
PRA that a complaint has been filed and tagged with an alert for action. Complaints are therefore
received and updated in real time, ensuring immediate access to all connected units.
Unfortunately, at present, there is a backlog in ECARES because case managers are unable to
update the status of cases on time – due to heavy workload, delays related to doing fieldwork in
remote locations, access issues while working from home during the pandemic, among others.
As a result, the number of resolved cases reflected in the system still remains lower than the
actual total. Currently, ECARES is being updated to allow OFWs to directly access and view the
most recent status of their complaint.

The ILAB developed the Foreign Labor Operations Information System (FLOIS) in 2013. FLOIS
is an interactive database designed to facilitate a more efficient monitoring and reporting system
of the POLO, covering administrative and financial reporting, as well as labor and welfare cases
(including repatriation), security and safety of OFWs. The system additionally keeps track of
employment contracts that have been processed through the POLOs along with Overseas
Employment Certificates. FLOIS also keeps a record of blacklisted employers and agencies.

The NLRC has an internal case monitoring and management system. Information from this
system is not systematically shared with the public, however, the OFWs and the PRAs can check
the NLRC website for the status of their cases. The NLRC also posts data releases on its website.

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CHAPTER 4

COMPARISON OF THE ONLINE

PRESENCE AND MEDIA OUTREACH
OF THE DOLE
The overseas employment offices (POEA, OWWA and ILAB/POLO) have been updating and
upgrading their online presence for some time now to improve workers’ reporting of complaints
and concerns. The POEA and OWWA both established hotlines in 2009. Currently, there is no
information on the extent of use of these hotlines. There has been no prior analysis of the
queries, concerns and complaints sent through the telephone hotline numbers, in particular,
whether these were simple information queries or those requiring urgent action.

The pandemic lockdown “forced” a greater reliance on digital platforms such as Facebook. The
use of the Facebook pages has emerged as an important entry point for workers’ complaints and
grievances. The use of these applications greatly improved workers’ ability to connect with
government institutions regarding their complaints and grievances.

In Table 9 shared earlier, legal assistance by the POEA/LAD during the 2020 pandemic covered
an estimated 850 walk-in cases a month, 67% involving female OFWs and 33% concerning male
OFWs. In the June to November period, the numbers rose by 2.6 times to nearly 3,000 cases per
month. The workers’ preferred access was through email, with significant numbers registered
through the legal assistance portal and Facebook.

With greater use of the Facebook pages and emails rather than the traditional walk-ins, the POEA
established new protocols of assigning staff to an established “screening process” for messages.
Any emails or message referrals are sorted through by the end of the day and sent directly to the
attorneys on duty. To strengthen its legal assistance efforts, the POEA’s Legal Assistance Division
has digitized its forms and has allowed the use of e-signatures in submitting complaints. Follow-up
personal calls to complainants verified identities and provided the opportunity to personally
gather more information and begin the documentation of the cases.

At the OWWA, even prior to the pandemic, their online presence consists of their official email
and website. All OWWA applications were developed in-house and operational prior to the
pandemic breakout. The OWWA projects itself as a “frontline” service, as they entertain
grievances and complaints from as many channels as possible – including call-ins from media
reporters and referrals from legislators and LGU officials. There are also queries and concerns
raised via the OFW Help Desk – particularly the OWWA Hotline (1348), its mobile number
hotlines, the OWWA email address, and its Facebook pages.

Upon messaging the OWWA Facebook page, an automated message is immediately sent in
response. It explains that due to the high volume of Facebook messages received daily, response
time may be slower (after 48 hours). Additionally, it provides the OWWA Hotline for any
immediate or urgent concerns a sender may have. Another digital platform the OWWA has
access to is the e-SEnA system of the DOLE, where workers may also lodge complaints via the
DOLE e-SEnA online portal. The DOLE-ILAB Facebook page does not enable messaging and it
is likely that the operations are more active at the individual POLO levels.

The NLRC has also launched the Electronic Case Tracking System (ECTS), where the OFW can
file a request for assistance.⁷⁴

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CHAPTER 4

COMPARISON OF COMPLAINTS,
CASES AND GRIEVANCES SUBMITTED
TO DOLE OFFICES
Based on interviews conducted for this research, the actual number of cases/complaints received
and acted upon by the DOLE is difficult to compare because of different data constructs and
where available, the data involve different years. The POEA reported a total of nearly 8,000 legal
assistance requests in 2020, while the comparable figure from the OWWA is 4,663. The
Adjudication Office of the POEA claims that their cases average 5,000 to 8,000 a year. The NLRC
figures date to 2017, as the Commission reported 57,000 cases but did not separate local from
overseas employment figures.

The POEA and the NLRC data do not consistently provide demographic profiles – how many
men, how many women, nor the categories of cases (in illegal recruitment? contract violations?).
The OWWA and the POLO have better demographic profiles related to the data; their datasets
have information on the types of cases for 2020. They also use similar clusters of cases and seem
to use the same data definitions.

Based on interviews, the most frequent concerns of all DOLE offices involve overseas worker
contract violations, primarily the non-payment of wages and benefits, and maltreatment being the
second main type of cases brought to the DOLE. The POEA’s Adjudication Office reports cases
against agencies consisting mainly of recruitment violations from misrepresentation relating to
breaches of the employment contract, such as non-payment or delay in wages and failure to give
end-of-contract benefits, vacation leaves, bonuses, etc. Two of the most common recruitment
violations involve the failure of the agency or employer to monitor the welfare of the workers, in
particular, in their general failure to report significant incidents such as missing workers, deaths,
rapes, grave abuses, etc. Complainants are mostly female, especially those in the household
service occupations. The AO also considers the cases of interceptions by the Bureau of
Immigration of underaged workers as a measure to prevent possible human trafficking. The OFW
cases in the NLRC have higher numbers for sea-based employment relating to disability claims or
death benefits. The fewer land-based workers file complaints for salaries and wages due to
contract violations and illegal termination.⁷⁵

In Singapore, the majority of issues raised with the POLO concern the unauthorized salary
deductions in the hiring of Filipino domestic workers. With the no placement fee policy
imposed by the Philippine Government for household domestic workers hired through

74
Obtained from first ALTER Validation Workshop (Government).
75
See above citation.

62
CHAPTER 4

Filipino private recruitment agencies, the recruitment and placement fees have been
borne by overseas workers through a salary deduction scheme. The payment of these
higher fees (two months of wages) is acceptable in Singapore. Regarding complaints to the
Ministry of Manpower (MOM) by OFWs, the foreign placement agencies based in
Singapore claim that most of the costs are charges of the Filipino recruitment agency
based in Manila. Further, the Philippine recruitment agencies are also able to charge
indirect placement fees through charges on related costs, such as training costs.⁷⁶

4.8 THE DEPARTMENT OF FOREIGN

AFFAIRS AND THE OFFICE OF THE
UNDERSECRETARY FOR MIGRANT
WORKER AFFAIRS (OUMWA)
The Philippine Embassy provides a safe haven for many Filipinos in times of need and crisis. In 1993, the
Philippine Government mandated that a country team approach be adopted by all foreign service posts
in the conduct of development diplomacy. The measure intended to ensure the efficient and effective
delivery of services to overseas Filipinos, according to RA 8042 as amended by RA 10022.

Under Section 27 of the said law, “the country team approach, as enunciated under Executive Order
No. 74, series of 1993, shall be the mode under which Philippine embassies or their personnel will
operate in the protection of the Filipino migrant workers as well as in the promotion of their welfare.
The protection of the Filipino migrant workers and the promotion of their welfare, in particular, and the
protection of the dignity and fundamental rights and freedoms of the Filipino citizen abroad, in general,
shall be the highest priority concerns of the Secretary of Foreign Affairs and the Philippine Foreign
Service Posts.” Section 28 also states that “under the country team approach, all officers, representatives
and personnel of the Philippine Government posted abroad regardless of their mother agencies shall, on
a per country basis, act as one country-team with a mission under the leadership of the ambassador.”

In the DFA hierarchy, the OUMWA serves as the pivotal office in the DFA in monitoring Filipino migrant
workers’ welfare. To effect a cohesive and effective delivery of government services to overseas Filipinos,
particularly those in distress, the DFA with the DOLE, the DOH, the DSWD and also the DepEd jointly
prepared a Joint Manual of Operations in Providing Assistance to Migrant Workers and Other Filipinos
Overseas. The manual outlines the roles and responsibilities of the different government agencies and
overseas offices in serving overseas Filipinos, particularly those in distress, who require prompt and
proper help at all times.⁷⁷

While the DOLE’s POLO provides mechanisms for all Filipino workers legitimately recruited in the
Philippines, the DFA’s Assistance to Nationals (ATN) section responds to problems of irregular workers

76
de Vries, S. & Reyes, Z. (2020, December 2). Personal communication [Personal interview].
77
Philippine Overseas Employment Administration. (2015). Joint Manual of Operations in providing assistance to Migrant Workers
and other Filipinos overseas.

63
CHAPTER 4

without legal status in the country of destination. In addition, this embassy section coordinates consular
efforts in responding to urgent requests for assistance made by Filipino individuals or groups, mainly
involving the police, immigration and judicial authorities. Actions taken by the ATN section include, but
are not limited to: monitoring of cases in court; prison visitation; representations with authorities;
facilitating repatriation; and coordination with next-of-kin or relatives on police and immigration cases.

The DFA also administers the Legal Assistance Fund. As provided for in the Migrants Act of 1995, the
fund is used to pay for legal services of migrant workers and overseas Filipino in distress, specifically for
fees for foreign lawyers, bail bonds, court fees and charges, and other litigation expenses. The fund,
invested with an amount of ₱100 million, was initially drawn from the President’s Contingency and Social
Funds and the OWWA.

In 2019, the DFA-OUMWA launched a Facebook page⁷⁸ called OFW Help. At the advent of the
pandemic, the OFW Help became an important source of information on the repatriation of OFWs and
other overseas Filipinos. The OFW Help continues to provide an opportunity for workers to raise their
complaints and concerns.

PROFILE OF DFA CASES

With its attention on irregular workers, the DFA provides legal and other assistance services to
Filipino migrant workers who typically entered legally but violated the terms of their stay by, for
example, not departing when required. Also, most of these Filipinos seek to work in regular jobs
though they do not possess the authorized work permits. Some reside legally in a country and
become irregular workers because their visas allow residence but not employment, as with those
Filipinos who violate tourist visas by going to work.

Whether with irregular immigration status or engaged in unauthorized work, these migrant
workers are employed outside the formal employment system and are not covered by minimum
wages, social security and other work-related benefits. Employers may prefer to hire irregular
workers to pay them lower wages and to avoid paying taxes that support work-related benefit
programs.

There is no publicly available data on the profile of cases accepted under the ATN. It is likely that
when irregular workers are “reported” or are caught, the workers’ lack of an immigration or
work permit immediately takes precedence and they are detained in prison. The DFA is also
responsible for assistance when documented or legal workers are suspected of or are involved
in criminal activities (theft, violence as examples) and are imprisoned.

78
Rocamora, Joyce Ann L. (2019). DFA launches Facebook page to help distressed OFWs. Philippine News Agency (PNA). 17
September 2019.

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CHAPTER 4

4.9 OTHER GOVERNMENT OFFICES

The Department of Social Welfare and Development (DSWD) is at this time only marginally involved in
OFW cases, though it has established social welfare officers posted in Philippine embassies with large
numbers of OFWs. The DSWD has a central email address, a website and a Facebook page for victims
of trafficking to request assistance.

The Commission on Human Rights of the Philippines (CHR) is an independent constitutional office
created under the 1987 Constitution of the Philippines. Its primary function is to investigate any form
of human rights violations, particularly those involving civil and political rights. The CHR maintains an
active Facebook page with all contact details listed – including mobile hotline numbers and email
addresses for their “E-Lawyering” services available to those who may have questions regarding human
rights, government policy, reporting of incidents of abuse, and the giving of free legal advice. More
specifically, in the case of OFWs, the CHR has the OFW and Migrant Complaint Portal (advertised on
their Facebook page), which contains the portal link to the OFW Case Intake Google Form, as well as
the central email and mobile hotlines. Workers may report cases or incidents wherein they or another
person they know are victims of abuse (physical/verbal/sexual), non-payment or delay of payment of
wages, contract violations, contract substitution, illegal recruitment, trafficking in persons, confiscation
of passport, payment of illegal fees, and others. The CHR has additionally established the Migrants Rights
Observatory, a database that houses Supreme Court cases from 1996 to the present day that concern
labor migration. This was established in order to develop tools and resources to continuously monitor
the compliance of the Philippine Government in relation to international human rights mechanisms,
including those governing the rights of OFWs.

The CHR Facebook page enables users to message the office via the Facebook messaging platform.
However, they do not have an automated messaging system in place. A test call demonstrated that CHR
responded within a 48-hour period asking for additional personal information.

The Inter-Agency Council Against Trafficking (IACAT) is a body composed of the different heads of
multiple government and non-government agencies and offices under the Department of Justice (DOJ)
tasked with monitoring, coordinating and addressing all trafficking in persons (TIP) violations. Projects
conducted by the IACAT are geared towards the elimination of human trafficking in the Philippines, its
prevention, the protection and rehabilitation of victims, and the conviction of their perpetrators. An
important contribution of the IACAT is the Internal Case Management System (ICMS) that tracks
human trafficking cases from first contact until case completion.

Like other government agencies or offices that deal with workers that may be in potentially dire
situations, the IACAT utilizes a Philippine hotline (1343). It also has a hotline for those outside the
Philippines, as well as trunk lines for their offices.

The IACAT has a Facebook page that enables users to send a message to page administrators. An
automated message is sent immediately; however, it is simply an acknowledgement receipt message with
no further information on their nationwide hotlines or email addresses. It is worth noting, though, that
their general landline number is listed on the homepage of their Facebook page. No further personal
response was received within a 48-hour period, therefore it is possible that their national hotline is more
widely used by reporters of incidents of trafficking and abuse, as opposed to Facebook messenger, as a
mode of communication.

65
CHAPTER 5
KEY STAKEHOLDERS:
PRIVATE RECRUITMENT AGENCIES
AND CIVIL SOCIETY ORGANIZATIONS
The expansion of the Philippine overseas employment program is attributable to the positively strong reputation
of the overseas Filipino workforce and the drive and energy of the country’s private business sector. The Philippine
recruitment industry in 2019 consisted of, at its core, the 800 or so private placement agencies and manning
companies facilitating employment for land-based and seafaring workers. In addition to the Philippine private
recruitment agencies, this international trade of employment services counts on thousands of diverse firms
providing pre-departure orientation services and medical testing or supplying insurance coverage. There are also
many trade and testing centres dedicated to supporting the overseas employment program in skills certification,
training and testing for thousands of aspiring overseas workers. Many private travel agencies also benefit from
overseas employment recruitment and placement.

This chapter looks at the role and contribution of the Philippine private recruitment sector not only in terms of
facilitating the overseas employment of many Filipinos but also in pursuing ethical recruitment and ensuring the
protection of OFWs in their foreign employment. Government policies, such as the JSL and various OWMS
mandatory reporting and OFW compulsory insurance coverage, have inevitably shaped the private agencies’
management and handling of overseas workers’ complaints and cases. The chapter looks at the due diligence
measures increasingly implemented by the private recruitment agencies to better prevent OFW complaints and
cases and, in the event that these happen, immediately initiate mitigation efforts to arrive at compromise
settlements. The chapter will highlight the emerging effective practices of the private recruitment sector to provide
their hired workers with access to remedy, including the use of internet and dedicated digital applications for OFWs
to immediately report workplace violations and file legal cases to claim their dues and benefits from their private
employment contracts.

5.1 INDUSTRY SIZE

Philippine Recruitment Agencies (PRAs) are responsible for recruiting and placing around 90% of “new
hire” overseas workers annually, with private land-based agencies responsible for 60% and manning
companies responsible for 30%. An additional 5% of all new hires secure their foreign placements
through the government placement channel (5%) while others are direct/name hires, consisting of
another 5%. In 2015, the 800 land-based agencies placed an average of 200 workers and this figure, by
all accounts, would not provide sufficient earnings to meet the minimum overhead costs of running a
PRA.⁷⁹ Even after the impact of the COVID-19 pandemic and the slowdown of placements, the number
of PRAs has remained the same as in 2015, raising questions on whether the persistent presence of the
PRAs is reflective of overseas labor market demand or other reasons.⁸⁰

79
Obtained from third ALTER Validation Workshop (CSOs, Academe, and Migration Experts).
80
See above citation.

66
Table 15. Licensed Private Recruitment and Manning Agencies, By category of license, 1982-2015

CATEGORIE
S 1982 1990 1995 2005 2010 2015 2021*
Total 538 638 900 1,363 1,278 1,186 1,190
Land-based recruitment agencies 269 303 610 1,028 896 803 823
Manning agencies - 234 290 335 382 383 367

Service contractors1 35 66 - - - -

Construction contractors2 234 35 - - - -

Source: Philippine Overseas Employment Administration, as presented in the SWS Scoping Study
on the International Migration in the Philippines; *As shared during the validation session
—POEA presentation at 2021 Senate Hearing

335

382

383 367

Land-based recruitment
290
agencies

35
66
1,028 Manning agencies
896
234 234 823
803

610 Service contractors

35

269 303
Construction contractors

1982 1990 1995 2005 2010 2015 2021*

Figure 7. Licensed Private Recruitment and Manning Agencies, By category of license, 1982-2021
Source: Philippine Overseas Employment Administration, as presented in the SWS Scoping Study
on the International Migration in the Philippines; *As shared during the validation session
—POEA presentation at 2021 Senate Hearing

5.2 THE DEMAND FOR ETHICAL

RECRUITMENT
The movement for fair and ethical recruitment of migrant workers has expanded in recent years.⁸³ For
the business sector, there are reputational and financial incentives for engaging in ethical recruitment,
beyond the fundamental respect of human rights. It is the belief that the cost of ethical recruitment is

83
This is reflected in campaigns, voluntary guidelines and other initiatives promoted by the UN and international organizations such
as the IRIS standards of the IOM, the ILO’s Fair Recruitment Initiative, Guiding Principles for Fair Recruitment, the UN’s Dhaka
Principles, among others.

67
CHAPTER 5

nominal or marginal to the overall project cost; it can actually be more cost-effective for employers to
practice responsible recruitment.⁸⁴ For example, companies’ reputational risks are extremely high when
migrant workers are seen to work under substandard work contracts.⁸⁵ The costs of delays, dismissals
and replacement of poorly trained or inexperienced workers are also quite high when workers have
been selected on the basis of their willingness to pay excessive fees rather than on their personal merit.⁸⁶
Worker retention is also much higher when recruitment fees and costs were fully shouldered by their
employers, with a rise in worker retention from an average of 3.2 to 4.2 years.⁸⁷

Philippine recruitment companies have responded to the calls of ethical recruitment, especially when
their client employers have also adopted ethical recruitment principles. In addition, there are Philippine
Government incentives for top-performing recruitment agencies, using criteria of employment
generation, few (if at all) violations of recruitment regulations and their record of resolving workers’
complaints and grievances. Recruitment agencies and employers are also sensitive to spiraling overhead
costs in a competitive market. Among Philippine recruitment agencies, the negative financial impact of
the Joint and Solidary Liability has been considerable, not only in terms of the responsibility for workers’
money claims but also in terms of the opportunity costs caused by suspension of business processing
and other distractions. As a result, different-sized agencies now pay greater attention to due diligence
approaches in their recruitment operations. Their operational goal is to identify affected workers quickly
and seek an early settlement of the disputes. Achieving that requires communication and access to the
placed workers to avoid formal and extended disputes.

Regardless of size, sector, operational context, ownership and structure, private recruitment companies
have the means to undertake ethical recruitment and assume the responsibility for the redress of
workers’ grievances. However, the scale and complexity of the means used by the business sector may
vary according to their size and other factors.⁸⁸

Recruitment agencies see an inevitability of workers’ complaints in certain destinations, though they
estimate that only about 5% of their placed workers file complaints.⁸⁹ The most contentious issues
raised by affected hired workers involve mainly non-payment of overtime, delayed salaries, and difficult
or unacceptable accommodations, as well as claims for compensation due to work-related accidents or
injury and for coverage of health and medical insurance in case of emergency or illnesses. Workplace
conflicts can start with simple disputes that, if unattended to, escalate into more serious
misunderstandings between employers and workers. The COVID-19 pandemic and lockdown also
brought to fore the abrupt and premature termination of jobs, instances of stranding, and subsequent
loss of food allowances and accommodations of OFWs in employer-provided housing and dorms.⁹⁰
The scale and types of complaints reported by the OFWs differ depending on worker occupations. The
payment of wages – whether in terms of unauthorized deductions or delays in payment – is an issue that
primarily affects household service workers. Skilled workers and professionals have complained about
accommodations, quality of food and the application of overtime pay. Working relationships with co-
workers, especially those of different nationalities, have also posed difficulties, although cases of physical

84
United Nations Human Rights Office of the High Commissioner. (2011). Guiding Principles on Business and Human Rights (HR/
PUB/11/04). OHCHR.
85
Verité: Help Wanted. (n.d.). Evaluating the effectiveness of grievance mechanisms. Verite.org. https://helpwanted.verite.org/node/
736/lightbox2
86
Christiane Kuptsch. (2006, January 24). Merchants of Labour. International Labour Organization (ILO).
87
See above citation: Verite: Help Wanted.
88
Bracero, R. (2021, January 21). Personal communication [Personal interview].
89
Capistrano, M. (2021, January 18). Personal communication [Personal interview].
90
Concha, B. (2021, March 4). Personal communication [Personal interview].

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altercations are few and far between. Recruitment agencies also decry what they consider as “trigger-
happy” or “nuisance” workers. These workers encounter minor problems at their work and immediately
file a case for repatriation, and often PRAs have no recourse but to respond to such requests so that
their other ongoing projects are not suspended.⁹¹

Among the private recruitment agencies interviewed for this research, the option for pursuing cases
using the administrative or judicial mechanisms in the GCC countries was rarely considered. There are
serious barriers to overcome, of which the loss of residence and work permits is primary. When a case
is elevated to the Ministries of Labor or Immigration in the receiving countries, employers are
immediately stopped from having transactions with the affected employee, such as applying for an exit
visa or the renewal of iqama (residence permit). Nor are complainants able to obtain other employment
as the case progresses. Chapter 6 extensively discusses these barriers to justice.

DEFINED PROTOCOLS FOR HANDLING

WORKERS’ GRIEVANCES ⁹²
Recruitment agencies have different protocols for handling workers’ grievances, depending
on the nature of the employer (corporate client, recruitment agent or household
employer) and the country of destination.

For those employed by large, corporate enterprises, the workers should:

Report to their HR managers or designated office representatives

1 who manage in-house complaints and grievance procedures.

Report and Inform their PRA simultaneously. The PRA may call the
HR depending on the gravity of the recruitment offense to their HR
2 managers or designated office representatives who manage in-house
complaints and grievance procedures.

91
Hernandez, A. (2021, January 19). Personal communication [Personal interview].
92
Obtained from one-on-one interview with PRAs.

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The grievance procedure usually gives a timeframe for response and

3 the conciliation process to start.

File a complaint using the in-house grievance mechanism of the

employer (at this instance, the PRA should be contacted to discuss
4 with the company representative). Immediate contact with the
employer is important to prevent escalation of issues.

The PRA makes a judgment call if there is a need to alert the POLO
5 for extraordinary intervention.

The POLO contacts the company and/or representative for

6 immediate hearing and action.

For those employed in households, the workers should:

Inform their PRA or the FRA. The PRA may directly call the FRA
1 depending on the gravity of the recruitment offence.

Give the FRA the time to discuss the dispute with the employer. The
2 goal is to clarify any misunderstanding and rectify and remedy the
situation.

If dispute is not settled, workers are usually advised to stay in the

3 place of work until the FRA is able to arrange substitute employment.

The PRA makes a judgment call if there is a need to alert the POLO
4 for extraordinary intervention. In cases of physical harm, harassment
or abuse, the POLO is asked to arrange for a place in the Philippine
Embassy shelter.

5 The POLO arranges for repatriation.

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5.3 MANDATORY SELF-REPORTING

BY PRAs ON OFWs COMPLAINTS
The OFW Welfare Monitoring System (OWMS) is a web-based system, developed and introduced by
the POEA in 2018 as a tool to assist agencies in reporting the status of workers they have placed in
foreign assignments. The Workers’ Education and Welfare Monitoring Division (WEWMD) is the unit
in charge of implementing the OWMS and the evaluation and analysis of its reports. The WEWMD
monitors two types of reports: (a) the regular quarterly reports on workers’ status, and (b) special
reports indicating significant events, submitted no more than five days after the event. Regular reports
are accomplished for cases that fall under normal or good working conditions with no serious incident.
Significant onsite events may include: deaths, injury, detention, accidents, runaway workers, missing
workers, desertion, emergency disembarkation for medical attention, disembarkation, repatriation, and
sea piracy, among others. Upon receiving a special report of a significant event, the OWMS
administrator endorses the information to the appropriate office for follow-up action.⁹³ The
endorsement could go to the repatriation unit (for requests for repatriation and emergency
disembarkation), the POLOs (for missing and runaway workers) or the OWWA (for situations like sea
piracy).

Tracking of workers’ welfare by the PRA is required during the first term of the contract. During these
first years, the PRAs are required to report on the OFW’s well-being with regard to the implementation
of his/her contract. For contract renewals, however, the expectation is that the worker took this
decision to renew solely on his/her own and therefore waives the liability of the Philippine recruitment
agency. It does mean that the worker is unable to sue his/her employer through the judicial system in
the Philippines, which lacks jurisdiction over such cases.⁹⁴

The submission of the reports is now a condition or requirement for license renewal among recruitment
agencies. The percentage of compliance among the PRAs has increased from 10%-11% at the start to
61% in April 2021.⁹⁵ Since the COVID-19 pandemic lockdowns, the POEA has introduced system
updates allowing for digital uploading of the OWMS reports.

RESPONSES TO THE OWMS

The Philippine recruitment agencies have had serious difficulty in complying to the reporting
requirements of the POEA for its deployed workers, especially when the responsibility can run
over two years of placements. While some recruitment agencies may have included the
requirement of monitoring workers in their recruitment agreements with their employers, the
agencies are not able to compel their clients to provide additional information on the status of
workers. In large corporate organizations or in government-hiring programs, the foreign
employers are unable to prepare separate reports on specific nationalities and their situations.
Monitoring HSWs is also quite difficult since these recruitments are undertaken via foreign
recruitment agencies that are not organized to provide information about individual OFWs
collected from their household employers.

93
Obtained from first ALTER Validation Workshop (Government).
94
Delos Santos, T. (2020). Personal communication [Personal interview].
95
See above citation: First ALTER Validation Workshop (Government).

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CHAPTER 5

The pandemic further heightened serious gaps in workers’ welfare monitoring. With widespread
company shutdowns, agencies could not communicate with the workers’ employers to check on
workers’ living and working conditions. As part of this realization, several recruitment agencies
are developing their own ways of maintaining direct contact with their hired workers. Their
intention, in addition to fulfilling their OWMS report requirements, is to make sure that in the
face of problems, workers immediately contact their agencies before appearing before the
POLOs and the CSOs. This allows the PRA some leeway to investigate, conciliate and settle
complaints before these develop into more serious grievances/cases.

OWMS FLOW

The recruitment agency logs on to the OWMS through

1 www.apps.poea.gov.ph

Under the Workers Welfare Tab, the recruitment agency opens the
2 overview of their deployed workers.

When choosing to file a report, the agency may choose either to give a
3 worker "same status", meaning their condition is unchanged, or to "update
status" under actions taken.

For updating the status of a worker, the agency will fill out a report update
and provide the category of a report: "unremarkable" or "significant and
4 critical", as well as the type of incident. The PRA will then provide further
incident details and attach any pertinent files relating to the incident
(photos, videos, etc.), if necessary.

After updating and submission, the Worker Welfare Report Details will
5 reflect the change in status.

The Workers Welfare Report Details will then receive this report on their
back-end system, which segregates reports into their respective
6 categories (critical and significant, unread critical and significant, delayed
reports, etc.)

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The Workers Education and Welfare Monitoring Division (WEWMD)/

Welfare and Employment Office (WEO) can then endorse or forward the
report to the relevant office or unit – an example of this is endorsing
7 reports that involve workers requesting repatriation to the Repatriation
Unit (which is connected to the OWMS). Critical and significant reports,
depending on their nature, can be forwarded to offices that offer legal
assistance, such as the LAD.

5.4 MANDATORY OFW INSURANCE

Among the amendments to the 1995 Migrant Workers and Overseas Filipinos Act (RA 8042) under RA
No. 10022 of 2010 is the imposition of a mandatory insurance coverage on all OFWs hired through
private recruitment agencies. The costs of the mandatory insurance policy are to be borne by the
employer or his/her agent. The compulsory insurance policy is effective for the duration of the migrant
worker’s employment contract and shall cover, at the minimum: accidental death, natural death,
permanent total disablement, repatriation cost, subsistence allowance, money claims, compassionate
visit, medical evacuation, and medical repatriation.⁹⁶

The Insurance Commission has oversight of all private insurers in this scheme, setting criteria for
insurance agency participation and, more importantly, arbitrating cases between insurance companies
and PRAs in disputes concerning claims. Seven private insurance companies have been certified and pre-
qualified to participate in OFW mandatory insurance. In 2010, the Insurance Commission and the
POEA issued joint guidelines on the implementation of the OFW mandatory insurance program.⁹⁷ As
part of its implementation, the private agencies give annual reports to the Insurance Commission,
detailing more specifically their OFW insurance claims and payouts. It has been suggested that the
POEA also receive a copy of the insurance agencies’ report on OFWs.

CHALLENGES IN PROGRAM
IMPLEMENTATION
The protection of migrant workers through a well-implemented insurance program offers
increased protection against the personal and contractual risks of overseas employment. On the

96
Insurance Commission. (2017). Agency-Hired OFW Compulsory Insurance: Frequently Asked Questions (FAQs).

97
Philippine Overseas Employment Administration. (2010). Insurance Guidelines of the Omnibus Rules and Regulations
Implementing Republic Act 8042 (The Migrant Workers and Overseas Filipinos Act of 1995), as Amended by Republic Act 10022
Relative to Compulsory Insurance Coverage for Agency-Hired Overseas Filipinos Workers.

73
CHAPTER 5

personal level, insurance covers the OFW against the risks of accident, illness and death.
Insurance can also protect the OFW against the risks of contract violations, including the non-
payment and delayed wages, unjustified contract terminations, among others. This insurance
protection also serves the PRA as a useful buffer to absorb the costs of the JSL decisions against
an employer/PRA.

The extent to which the OFW mandatory insurance scheme has been successful is not known.
Under RA 10022 of 2010, the OFW mandatory insurance program was expected to have an
assessment and evaluation after the first three years of program implementation. In addition, the
DOLE and the Insurance Commission (Regulation, Enforcement and Prosecution Division) were
required to publish annual reports on the extent of beneficiaries’ claims and payouts. Information
on the evaluation and subsequent publication of the reports is not publicly available. There is a
need for greater clarity, transparency and accountability surrounding the mandatory insurance
program. The following are among the specific issues raised during this research project’s
validation workshop with the academic sector and the CSOs:

There seems to be little awareness and understanding by the OFWs of the benefits of the OFW
mandatory private insurance program. Using the National Migration Survey of 2018, only
2.8%-5% of international migrant workers claimed they were covered by private insurance. Also,
overseas migrant workers are unlikely to have personal copies of the mandatory insurance’s
master contract, a copy of which is submitted to the POEA during the processing of workers’
contracts.

Table 16. Comparison of insurance coverage of international migrants in the first and last countries
of destination, age 15 and over

Source: National Migration Survey, 2018

There are serious exclusions in insurance coverage. Though repatriation due to illness or
unjustified premature contract is an important benefit, repatriation due to pandemic lockdowns
or war is not covered. It is unclear whether mistreatment (the second largest type of cases) is
covered in the insurance. Physical assault, rape and torture are not considered as insurable. These
exclusions are actually in line with the standard coverage of most insurance policies, so an

74
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amendment to the Insurance Code to address these specific needs of OFWs would probably be
needed.

The money claims benefit reportedly has the highest number of claims⁹⁸ and seems primarily
intended to protect the private recruitment agencies from their joint and solidary liabilities on
cases decided in favour of the overseas workers by the NLRC. The payments of the money claims
are given to the OFW through his/her recruitment or manning agency. The insurance benefit is
limited to three months for every year of the OFW’s contract with a maximum of $1,000 per
month. In case the amount of insurance coverage is not enough to cover the amount as
determined by the NLRC or the settlement amount, the recruitment or manning agency has to
pay the difference. This can also be drawn from the PRA’s cash and surety bonds deposited with
the POEA. By pegging the cases to settlement compromises and adjudged cases of the NLRC,
response time on money claims will take as long as the cases are handled in the NLRC.

Subsistence allowances are paid to workers currently pursuing cases abroad; the extent to which
this benefit is enjoyed is not clear as more likely, OFWs are encouraged to pursue their cases in
the Philippines. These monthly subsistence allowances of $100 per month for six months do not
apply to cases filed in the Philippines. Private recruitment agencies typically advance the costs of
repatriation and these one-way travel costs are reimbursed directly to the PRAs. The insurance
coverage is only for an initial contract period of two years. Insurance providers have significant
discretion in interpreting government regulations on payments or in replacing the documentary
requirements required to claim benefits. This discretion tends to be ad-hoc and are justified
depending on earnings flows of individual insurance providers.⁹⁹

5.5 DUE DILIGENCE IN ETHICAL

RECRUITMENT
In order to meet their responsibility to respect human rights and adhere to standards of ethical
recruitment, business enterprises need to put in place a set of policies and processes that starts with
examining their business risks in the face of contract violations and other negative impacts of workers’
grievances. They will also need to consider measures in both prevention to ensure more harmonious
working relationships or remediation when employer-employee working relationships deteriorate.

Due diligence is this ongoing risk management process that a reasonable and prudent company needs
to follow in order to identify, prevent, mitigate and account for how it addresses its adverse human rights
impacts. Among the due diligence efforts implemented by PRAs are the following:¹⁰⁰

98
Buendia, AA. (2021). Personal communication [Personal interview].
99
See above citation.
100
Obtained from one-on-one interview with PRAs.

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¹⁰¹
STATEMENT OF PURPOSE
This is typically a statement on the company’s commitment regarding ethical recruitment and as
a pillar of that, the company’s commitment to ensure workers’ access to remedy. The written
policy should state a commitment to provide a venue for workers to be heard, for complaints to
be acted upon and for management to provide feedback on the status of complaints. It should
include assurance of non-reprisal and confidentiality, and an appeal system for unfavourably
resolved complaints or disciplinary actions.

CHOICE OF EMPLOYERS
AND WORKERS
Recruitment agencies are tightening the background checks on their prospective employers,
especially in actually checking the corporate financial and management capabilities of their
prospective employer-clients. Prior to even approaching the POLOs for the accreditation of
prospective employers, these companies give priority to offering their services to large publicly
listed companies with established reputations. In addition, some agencies rely on a network of
“informants” or prior contacts in the destination country, who can give some publicly available
information on the reputation of possible employers (“social intelligence”). Finally, the POLOs are
able to advise regarding the positive and negative feedback on prospective employers by the
current Filipino workforce in the country of employment.

Several agencies shy away from the recruitment and placement of household domestic workers,
given the higher risks of exploitation in domestic work. Undertaking this form of recruitment has
meant establishing more stringent selection protocols for both employers and workers.

Selecting the most suitable workers requires looking closely at the suitability of qualifications and
credentials of the workers, considering prior work experiences and references of previous
employers. In certain cases, more attention is given to matching employers’ needs with the
workers’ abilities such as language facility, childcare and elderly care requirements, among others.

REGULAR COMMUNICATION
AND ACCESS
An important, perhaps the most important, attribute of demonstrating the PRAs’ commitment
to ensuring the protection of workers’ rights is establishing clear communication channels that
encourage workers to report violations or issues of concern. These communication channels are
preferably written and PRA personnel are tasked to immediately respond, and where possible,
respond with action. In several recruitment companies, the OFWs access them via a Facebook
page (usually the same one they used when they applied) or through a company email.¹⁰²

101
Lister, J. (n.d.). Statements of purpose for businesses. Chron.
102
Interviews with PRAs, all of them talked of email, Facebook.

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Among agencies with a large number of placements, the companies have developed internal
systems that allow the early identification and resolution of complaints in both the Philippines and
in the countries of destination. Whether it is one person under alternating work assignments or
the creation of a dedicated business unit, such as an Employee Relations Department, the
designated staff member handles all worker complaints whether they are filed locally or at the
country of destination. Hired workers are encouraged to send messages to share both good and
bad news, for example, feedback on their housing, food facilities, working conditions, board, etc.
at the very start of their posting. In some situations, family members of the OFWs may bring
updated news of the worker’s situation and are encouraged to do so. Company officials are also
granted full access to these messages in order for them to keep abreast of developments in the
working and living situation of their hired workers.¹⁰³

Given the developments in technology, there is a benefit, depending on scale, to adopt

technology to develop digital applications installed in the hired OFWs’ smart devices before
departure. These applications have features that enable OFWs to report on their situations upon
their arrival and afterwards. In one particular example,¹⁰⁴ hired workers are asked to input their
status within the first 48 hours from the day of the departure, and subsequent notification
requests are sent within three, six, nine and 12 months. Families of the workers also gain access
to this and receive regular notifications on the status of workers. If no other significant events are
reported during these times, another notification will be sent to the worker within the last three
months of their contract to notify them that the end of their contract is nearing. Additional
notices are sent via email and text.

STAFF TRAINING
Whether formally and informally, the companies implement orientation and training of its
supervisors and managers on company policies and processes on handling workers’ grievances.
This may be a responsibility delegated to specific company officers. During staff training, the
company is also able to communicate its grievance policy and procedures to all workers and
highlight the importance of follow-up actions.

To ensure success, the culture of care is important. The interviewed agencies are reinforcing the
importance of having close working relationships with their worker-applicants that reinforce the
value of workers’ loyalty. This loyalty is nurtured – the intention is providing an environment that
is welcoming and that no matter where the OFW is, he/she will always be made to feel
comfortable in sharing both good and bad news. One recruiter also spoke about providing
workers information from their home provinces, whether these are on livelihood opportunities
for their provinces’ short- and long-term development plans on infrastructure, housing, and the
like.¹⁰⁵

This close relationship with the workers and their families also allows for members to take an
active interest in giving feedback on complaints and allows recruitment agencies the opportunity
to address these issues before these complaints escalate into full-blown disputes at the POEA or
the NLRC.

105
See above citation.

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PARTNERSHIPS WITH IN-COUNTRY

CIVIL SOCIETY ORGANIZATIONS
A few Philippine private recruitment agencies are entering into informal partnerships with some
civil society organizations at the country of destination. These CSOs are able to assist the PRAs
with a range of services in finding solutions for OFWs in distress – such as, whenever possible,
intervening for the PRA with the counterpart foreign recruitment agency or employer, surrogate
for a visit to the OFWs in detention or, in a more active fashion, facilitate the transfer of a
worker’s employment sponsorship to a replacement employer. The partnership provides the PRA
with an immediate and quick response to issues raised by its hired workers rather than waiting
or being dependent on when a hearing can be scheduled at the POLO. By then, the employer-
employee relationship would have already deteriorated to a possibly unresolvable situation.

CSOs in the country of destination are usually composed of long-time Filipino residents there
who volunteer to provide guidance to newcomers and information and other services to
Philippine Government offices and recruitment agencies. These long-term residents have also
volunteered to host pre-employment orientation seminars (PEOS) for selected employers, in
addition to those regularly arranged by the Philippine Embassy.¹⁰⁶

106
Concha, B. (2021, March 4). Personal communication [Personal interview].

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TABLE OF CONTENTS

CHAPTER 6
BARRIERS TO ACCESSING JUSTICE
Access to justice or access to redress is a basic human right across all the core international human rights treaties
and forms an integral part of Philippine legislation for the protection of migrant workers. Access to justice means
that citizens are able to use justice institutions to obtain solutions to their common justice problems. For access to
justice to exist, justice institutions must function effectively to provide fair solutions to citizen justice problems.¹⁰⁷

Within a migration framework, access to justice has a special meaning. As the migrant worker moves from the
country of origin to the country of destination, multiple legal frameworks are present and pose challenges for
implementation. The enforcement of contractual rights is particularly relevant to migrant workers who enter into
private contracts with employers and foreign and local recruitment agents. A written and signed employment
contract between the employer in a country of destination and an overseas worker in a country of origin has its
value tested when violations of the contract are reported and challenged, either in the country of destination or
the country of origin. Access to redress strengthens the rule of law by increasing transparency and ensuring
accountability of private and government actors.¹⁰⁸ It can also encourage future good behaviour by state and private
actors and increase individuals’ faith and participation in public life and institutions.

This chapter looks at the extent to which OFWs are aware of and are able to access the legal OFW complaints
mechanisms to enforce the compliance of their contracts. Many obstacles and deterrents confront the OFWs as
they pursue their complaints and cases whether in the Philippines or in the country of destination. These deterrents
also help explain why many OFWs do not, even right at the start, seek to pursue these complaints and grievances.

6.1 HELP-SEEKING BEHAVIOUR

OF INTERNATIONAL MIGRANTS
Having access to justice is not a given in many parts of the world, including the Philippines. The World
Justice Project 2018 Survey¹⁰⁹ included the Philippines in its national surveys and the results point to the
wide gap in legal services for its citizenry. Only 20% of Filipinos were able to access legal help, leaving
80% of Filipinos without legal assistance. Of that 20%, 72% of them sought legal help from friends and
families while 15% sought lawyers’ help and the rest from institutions.¹¹⁰ Reasons for not accessing legal
services are (a) costs, (b) inconvenience, (c) no previous contact/access to lawyers, and (d) lack of time,
among others. The inadequate number of lawyers likewise contributed to these complications, since for

107
Center for Migrant Advocacy (CMA), & AWO International. (2018). Migrant Domestic Workers' Access to Justice. Center for
Migrant Advocacy.
108
Paoletti, S., Farbenblum, B., Taylor-Nicholson, E., & Sijapati, B. (2014). Migrant Workers' Access to Justice at Home: Nepal. Open
Society Foundations.
109
The World Justice Project® (WJP) is an independent, multidisciplinary organization working to create knowledge, build awareness,
and stimulate action to advance the rule of law worldwide.
110
UNDP, Access to Justice, World Justice Survey Project, 2018

79
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CHAPTER 6

every 2,200 Filipino citizens, there is only one Filipino lawyer to provide them with legal services. This is
way below the optimum number of lawyers required in a society under the Magee Rule Curve, which
is one lawyer for every 250 citizens.¹¹¹

In this context, the 2018 National Migration Survey (NMS) data on the help-seeking behaviour of
international migrants is not surprising. Among the respondents who have experienced involuntary
work arrangements that include some of the worst forms of migrant abuse, only a third (28.6%) sought
help. The percentages of men and women seeking help are similar; however, men and women sought
help from different sources. More women (42.9%) sought assistance from family members and friends
than men (39.3%). A higher percentage of men, compared to women, is likely to seek help from a
government office and representative (30.3%), lawyers (6.6%), and social service organizations (4.6%). A
higher percentage of women however, compared to men, sought help from the police (2.1%) and the
Philippine Embassy (13.2%). A higher proportion of men (12.3%) compared to women filed a complaint
regarding their involuntary arrangements. More women than men received emotional support (16.2%).
A slightly higher percentage of men (34.2%) felt ignored compared to women (31.8%).

Males

Females

28.3
Yes

29.0

71.7
No

71.0

0 10 20 30 40 50 60 70 80

Figure 8. Help-seeking behaviour of those experiencing involuntary work arrangements, based on gender

111
See above reference.

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Table 17. Reasons for not seeking help, in percent

REASON FOR NOT SEEKING HELP MALES FEMALES BOTH

Threat, Fear and Shame 21.6 32.0 27.1

Threatened 4.2 3.8 4.0
Afraid 11.6 22.9 17.6
Embarrassed/Ashamed 5.8 5.3 5.5
Resignation/Acceptance 56.3 36.9 53.4
Can still manage/not a big deal/didn’t bother to seek help 17.5 13.3 15.3
No contact with the employer anymore 7.6 13.3 10.6
Believes its normal/part of work contract 9.3 10.3 9.9
Thinks no one would listen/believe 21.9 13.8 17.6
Costs
No financial support 5.8 3.9 4.8
Others 19.9 21.0 20.4
Employer is good so did not feel she/he was abused 3.4 4.7 4.0
Others 16.5 16.3 16.4

Source: National Migration Survey 2018

REASONS FOR NOT SEEKING HELP

Among the international migrants experiencing involuntary work arrangements, over 70% did not
seek help. The proportions are nearly the same for both men and women but the reasons why
they did not seek help are somewhat different.

A higher percentage of women (32%) compared to the men (21.6%) are deterred by personal
threats, fear and shame. On the other hand, a higher percentage of men (56%) compared to
women (36.9%) are likely to be more accepting of violations. The men believe that their narratives
would not be believed or are resigned that these violations are common in the overseas
employment experience. Costs are a minor but real concern. The reasons for not seeking help
show a lack of awareness and confidence in their personal abilities to claim redress for their
complaints.

What is striking in the 2018 NMS results compared to the national findings on justice for all
Filipinos is the high proportions of those who are resigned to or accepted the overseas work
situation (56.3% in general, 53.4% for women, 36.9% for men). In addition to discouraged
workers, many are fearful, ashamed and scared, affecting more men (32%) than women (27%).

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6.2 BARRIERS TO ACCESS TO JUSTICE

OF OFWS
Signing a contract in a country that is implemented in another provides opportunities for international
disputes. And as in many other types of international disputes, the international dimension, due mostly
to conflicts of laws, further aggravates the already complicated, lengthy and costly process of contract
dispute resolution. Because there is no definitive international law to govern transnational relationships
between individuals, there are only domestic laws of nations that attempt to balance national sovereignty
with international agreement.

The effect of one country’s laws on another country depends on whether one country recognizes the
power of the other country’s laws. If one country’s statute fails to recognize the foreign law, the latter
has no power. If both countries are silent, how do the courts decide which of the conflicting laws takes
precedence? The answer to this question depends on many factors that do not point to one common
rule. When dealing with the conflict of laws, doubt must exist as to which country’s law takes
precedence. When there is doubt, the deciding court will choose its own laws over the foreign country’s
laws.¹¹² To counter this, it would be necessary to include a more robust dispute resolution clause with
a choice-of-law provision.

From the point of view of the OFW, the decision-making process is difficult. Workers are usually not in
a position to make this choice. There is little information to guide his/her decision-making process on
whether to seek remedy in the destination country or opt to pursue cases and complaints in the
Philippines. Seeking justice in the destination country’s hardly understood institutions and fragmented
laws and policies is often considered untenable, especially when the workers are confronted with
unfriendly immigration and work permit processes. The opportunity to pursue the case in the
Philippines is often the only option.

PURSUING CASES IN COUNTRIES

OF DESTINATION
As OFWs seek work in many different countries, individual workers need to have a good
understanding of how the workers’ rights are respected by all stakeholders: governments, private
recruitment agencies and CSOs in these countries of destination. There are important differences
in the ways that foreign migrant workers are treated in different countries of destination. For
example, it would be fair enough to say that Southeast Asian countries have different systems of
migration governance from those of the GCC.¹¹³ Nevertheless, there are still problems
experienced by OFWs in Southeast Asian countries in pursuing their complaints and grievances
in these countries.

A case in point is Hong Kong. It has the benefits of an established minimum wage for migrant
domestic workers, a set standard contract, a system of food provision and allowances, and other
terms and conditions of work. The Hong Kong government has a good reputation of being one

112
Galvin, J. (2018, February). Five-point guide- Why international employment contracts are important. Global Payroll Management
Institute.
113
Farbenblum, B., Taylor-Nicholson, E., & Paoletti, S. (2013). Migrant Workers' Access to Justice at Home: Indonesia. Open Society
Foundations.

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of very few in the region providing channels for migrant domestic workers to bring forward their
complaints, including a system of conciliation. The Hong Kong Department of Labor has
developed a guide providing all employers and workers information on pursuing and responding
to complaints and problems. All documents include English, Tagalog and even Bahasa translations
for workers to be able to read and understand them. These guides have been well documented
and widely circulated.¹¹⁴

Still, problems remain. The Hong Kong Federation of Asian Domestic Workers carried out an in-
depth research in 2019 documenting a range of problems that migrant domestic workers in Hong
Kong face in the recruitment process and in the workplace.¹¹⁵ Their prior 2016 report already
documented exploitative working conditions, with the majority of the 66 interviewees stating
that: they did not receive a full day of rest each week (60 of 65), they were not free to leave the
employer’s home during their time off (35 out of 66), their working conditions were extremely
bad (38 out of 66), and they had been threatened or punished by a member of the household
(37 out of 66). Despite documented evidence of widespread violations of contracts, very few of
the migrant workers even attempt to seek justice. In Hong Kong, less than 0.3% of the total
migrant worker population filed an employment complaint in the Hong Kong Labor
Department.¹¹⁶

FADWU’s “Price of Justice” research and publication (2019) looked into the migrant workers’
hesitation to access Hong Kong’s redress mechanisms. The study identified the practical and
procedural problems of the migrant workers in accessing remedy. The primary barrier that
workers faced was the risk of losing their foreign employment. Migrant domestic workers in Hong
Kong who make a complaint against their employers might lose their employment and with this
loss, they also might not have a place to stay and thus be responsible for their own living
expenses. This is due to Hong Kong’s mandatory live-in requirement that compels all migrant
domestic workers to reside in their employer’s residence. With an average of 58 days to
prosecute claims, the prospect of paying their living costs for weeks and months while not being
able to work makes the process extremely expensive.

Migrant worker-complainants also face the burden of the costs of filing and sustaining a claim.
Those who wish to file a claim will need to pay a filing fee and, in addition, the costs of a visa
extension. Usually, the workers would need two visa extensions given the length of time to
prosecute a case successfully. Additional expenses involve mailing fees, costs of translation,
certifications of translations, obtaining copies of Labor Tribunal documents or issuing and serving
subpoenas.¹¹⁷ In addition to the costs and the time requirements of pursuing their cases, migrant
worker-complainants experience difficulty in securing legal representation, in providing
documentation to support their complaints, and in overcoming language difficulties, though
translation services may have been available on request.

In navigating the Hong Kong redress mechanisms, most migrant workers relied on organizations
and individuals who had supported them in their claims. The assistance and support came from
civil society organizations, trade unions, shelters, religious organizations and individuals.¹¹⁸

114
Minor Employment Claims Adjudication Board. (2016). A Simple Guide to Minor Employment Claims Adjudication Board. Labour
Department: Hong Kong Special Administrative Region.
115
Hong Kong Federation of Asian Domestic Workers Unions (FADWU), & Progressive Labor Union of Domestic Workers Hong
Kong (PLU). (2019). The Price of Justice - Migrant domestic workers' experience of trying to resolve labour disputes in Hong Kong.
International Domestic Workers Federation.
116
See above citation: Price of Justice.
117
See above citation.
118
See above citation.

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“ I lacked the information needed to file a claim

properly. I also didn’t have any support from the
Labor Department or Tribunal, they favoured the
employer. What’s worse, I could not work while
my case was ongoing. This put a lot of pressure for

”
me to settle because I didn’t have money.
¹¹⁹

DECISION OUTCOMES
Migrant workers with complaints can file a case at the Hong Kong Labor Tribunal, described as a
“quick, informal and inexpensive way of settling monetary disputes between employees and
employers” in which parties “are encouraged to explore settlement as a means of resolving their
dispute”.¹²⁰

In their research, the FADWU showed that an average of just 40% of the workers’ claims were
settled. The migrant worker complainants accepted even sub-standard settlements for several
reasons. The complainants urgently needed the money, they could not afford to stay longer in
Hong Kong without any guarantee that they could recoup the money. Others needed to work
again¹²¹ so that they could provide for their family. In 2018, 72% of the claims involving migrant
domestic workers were settled at the conciliation stage.

“ If I refuse the offer then I would have to remain in

Hong Kong. It will be a long process and I don’t
think I will get the money from my employer. I
didn’t want to stay any longer also because I have
to work for my family, especially for my children’s
education.”¹²²

119
See above citation.
120
See above citation.
121
There is a general prohibition to working while pursuing a complaint.
122
See above citation: The Price of Justice.

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CHAPTER 6

In Singapore for example, which has the same

economic profile as the United Arab Emirates, all
domestic workers go through a settling-in program
organized by the Ministry of Manpower, Singapore
that includes a briefing on ways to address issues in
the workplace. MOM Singapore also has an e-
service for registering complaints/concerns. The
MOM is also subsidizing the work of large
Singaporean NGOs on receiving complaints of
workers and providing emergency shelter for
distressed household workers. In these
environments, the POLO contribute[s] only by
offering counseling services or housing distressed
workers under exceptional circumstances.

”
THE EXPERIENCE IN THE GCC
Migrant workers in the GCC face nearly insurmountable barriers in pursuing their cases and
complaints in the GCC countries. In pursuing complaints against their employers, there is a
serious imbalance of power favouring the employer under the GCC employer sponsorship
system, better known as the kafala. Under the kafala, employers govern the workers’ entry into
the country, the renewal of residence permits, the termination of employment, the transfer to
different employers, and the exit from the country.¹²³ Unlike in Hong Kong, terminated workers
do not have the option to transfer employers without the consent of the current employer and
in this situation, they only seek their repatriation to the Philippines.

This sponsorship system then effectively discourages the worker from raising complaints or filing
cases. The primary problem revolves around the loss of employment, as filing a complaint often
means that the employer or the worker have already terminated their contractual relationship.
At the end of their contracts, even in premature terminations, the overseas workers lose their
accommodations and living support. Workers are likely to be forced out by employers or they
“run away” from their place of work. As workers need to be present in-country to file and pursue
a case, the loss of income and accommodations is the biggest hurdle they face in pursuing a
case.¹²⁴ Workers who file cases will often have very little funds left and a near-expiring visa. Those
workers who eventually succeed in their cases often have family already in the destination
country and would therefore be less vulnerable as they do not run the risk of losing
accommodations and other means to survive.¹²⁵

123
International Labour Organization Regional Office for Arab States. (2017, May 4). Employer-migrant worker relationships in the
Middle East: Exploring scope for internal labour market mobility and fair migration. International Labour Organization.

124
Malit Jr., F. (2021, January 20). Personal communication [Personal interview].
125
See above citation.

85
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Using the GCC redress channels can be extremely difficult and requires local knowledge of laws
and systems, contracts and visa types to navigate the systems. The painful truth is that the
Philippines’ diplomatic missions have little clout in labor law administration or for that matter, the
criminal court systems, in these destination countries. The function of the missions can only be
to provide support in counseling, guiding, translating legal documents, and providing logistical help
in booking and arranging transportation for court appearances. The Philippine Embassies in the
GCC have their migrant resource centres; the OFWs are able to access these centres in difficult
situations. The OFW shelters in the GCC house an average of 200 workers and are often
crowded. With the pandemic, the numbers of OFWs being sheltered are breaching the maximum
limit, with some OFWs having stayed for as long as two years.¹²⁶

The need for better representation in court for an OFW continues to be problematic. As court
documents and proceedings are in Arabic, OFWs need to be supported with interpreters or
translators. Unlike other receiving countries in Southeast Asia, the GCC countries are not known
for providing services to migrant worker-complainants who pursue cases using their channels of
redress. Civil society organizations are not consistently accepted in the GCC, with some
organizations closely monitored for security reasons. The Catholic Church has taken up the
provision of much of the resources through church missions to provide short term assistance to
workers – food, temporary shelter, and maybe even some part-time work.¹²⁷

Given the hostile immigration and work issues, the only option for the workers would be to join
the grey economy. “Running away” or “absconding” are considered illegal in several GCC
countries and as they lose their regular employment, OFWs pursue these part-time work
arrangements. Staying with friends or at the Philippine welfare centres, irregular workers then
wait for the granting of amnesties, usually given around Ramadan.¹²⁸

Alternatively, the worker can flee to the POLO and request help from their recruitment agency
to provide the fare for a flight home. Frequently, when this happens, the OFW would be asked
to sign a waiver or a quitclaim. This prevents the OFW from pursuing money claims for the
compensation they are entitled to and from filing an administrative case against the agency at the
POEA or NLRC. However, there have been instances when the NLRC and the POEA have
allowed the renegotiation of this arrangement when the terms are clearly disadvantageous to the
workers.

PURSUING CASES IN THE PHILIPPINES

OFWs pursuing cases in the Philippines are likely those who have already been returned or
repatriated to the Philippines. JSL, now institutionalized by law and reaffirmed by the Supreme
Court, is a powerful tool when claimants to justice are denied the opportunity in the host
countries. Though the Philippine State may not be able to call employers to testify or seize assets
as part of compensation, the State via the POEA can compel the recruitment agencies to answer

126
Concha, B. (2021, March 4). Personal communication [Personal interview].
127
See citation: Malit Jr., F.
128
Migrant Forum in Asia, & Justice for Wage Theft. (2021). Crying Out for Justice: Wage Theft Against Migrant Workers during
COVID-19 (Volume 1).

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and seize cash and surety deposits for these obligations. In practice, private recruitment agencies
advance the costs of repatriation and arrange compromise agreements, with the expectation that
the mandatory insurance coverage of OFWs can reimburse most, if not all, of these costs.¹²⁹
Recourse to the JSL is limited to those OFWs who are hired through licensed recruitment
agencies and only for those in the first two or three years of their contract.

The introduction of SEnA in 2010 broadened OFW access nationwide, with workers being
provided legal assistance in the filing of their cases, and as needed, to compel conciliation
between the affected worker and the employer/private recruitment agency. Nationwide, the
worker-complainant (or family member) can be in touch with any of the DOLE regional offices
along with the POEA and the NLRC offices. The introduction of the mandatory OFW insurance
increases the chances of securing benefits from the actual filing of complaints. Despite these gains,
for many workers, pursuing cases can also be torturous, with barriers to access quite similar to
the obstacles and hurdles OFWs experience in the destination countries.

“ Yung paghingi ng tulong, doon po nagkakaroon ng

pagkakaiba. Kung paano sila lalapit para makahingi
ng tulong, mas madali para po sa mga skilled
workers, dahil nasa labas na sila. Unlike sa mga
kasambahay po natin, nasa bahay lang po sila at
walang access para makahingi ng tulong, kundi yung
pamilya po nila sa Pilipinas. Pinakamahirap noong
mga panahon na nagsisimula lang kami ay yung
talagang wala pong access, dahil wala pang
cellphone at the time - walang Facebook. Kaya
maraming problema.

(It's in asking for help that we see the difference. It's easier for
skilled workers to seek help since they are “outside”. But for
live-in domestic workers, they are restricted to the home, with
no way to seek help except through their families at home. It
was especially difficult when we were just starting out because

”
we didn't have cellphones and Facebook then.)

129
Capistrano, follow-up

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“ Mas [kilala] nila ang OWWA. From the airport,

meron kasing OWWA desk diyan tayo. Pag napick
up ng OWWA officer sa airport, naadvise na sila.
Meron kaming mga cases na hindi sila sa POEA nag
SEnA, kundi sa OWWA kasi meron ding SEnA ang
OWWA.

(They are more familiar with OWWA. We have an OWWA

desk at the airport. When the OWWA officers pick up [the
workers] from the airport, they are already given advice. We
had cases of workers going directly to OWWA instead of
POEA because OWWA also has SEnA.)

”
“ I always advise the workers – kahit saan po – sa
COD, saang bansa, hindi po namin sila ina-advise
na tumakas ‘pag may problema. They have to go
through the proper na proseso para makahingi ng
tamang tulong. Pero hindi po natin masisi ng mga
kasambahay na ‘pag hindi na kaya talaga. Kaya hindi
namin pinipigilan ‘pag ganoon na. Ang ginagawa ko
po agad [kapag may tumakas] is gini-guide ko sila
para makapunta ng ating mga Philippine Overseas
Labor Office (POLO).

(I always advise the workers, whether at the country of

destination or any other country, we don't advise them to
escape. They have to go through the proper processes to seek
help. But we can't blame the workers, especially the domestic
workers, if they can't take it anymore, in which case, we don’t
stop them. If a domestic worker escapes from the employer’s

”
house, I tell them to go right away to the POLO.)

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LACK OF AWARENESS AND INFORMATION

When experiencing a grievance, many OFWs are quite unaware of the complaints
mechanisms and the processes involved in pursuing complaints and cases. They are
intimidated by the costs and duration of pursuing cases. When workers file cases, a
significant number would not have the financial resources to skip work (if any), travel to
Manila and bear the expenses of food and accommodations.¹³⁰

“ Yun po yung sasamahan namin sila. Kasi nung una,

referral [centre] lang din po kami. Pero nung nakita
namin na maganda ‘yung sinasamahan sila mismo sa
opisina ng POEA 'man ‘yan, or NLRC, nakikita rin
namin...kasi minsan, kapag OFW lang yung
pupunta, hindi sila ganun ka confident...para
masasabi ano yung kanilang mga reklamo. Pag
pumunta na sila sa opisina namin, bibigyan na
namin sila kung ano ang mga karapatan [nila], ilan
yung pwedeng sweldo na kailangan habulin. Minsan,
hindi po nila alam.

(We do accompany them. We only functioned as a referral

centre at the start, but we saw the benefit of accompanying
them to the POEA or NLRC offices. Usually, the OFW is not
so confident about lodging their complaints at those offices by
themselves. They are usually unaware of their rights or how

”
much they can claim so we give them advice.)

FINANCIAL PRESSURE
The financial pressure on OFWs are not any less demanding. An early return home would
mean unpaid debts and the loss of savings and the ability to support family consumption,
including education. The pressure to find new employment, preferably another overseas
assignment, would be relentless.

130
Obtained from third ALTER Validation Workshop (CSOs, Academe, and Migrant Experts).

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“ Sa totoo lang po, isa sa mga complaints ng mga

may experience, tagal po ng proseso dito sa COD
and other parts of the Middle East when it comes
to sa pagfi-file po ng case sa korte dito. As per my
experiences, ‘yung pong mga nag-set ng schedule
ng hearing, ang hearing po dito ay hindi yung
immediate – minsan po, it takes a month or two
bago mag [hearing]. Kaya nagtatagal ang kaso. Kaya
‘pag maliit lang po ang hinahabol ng worker,
sinasabihan lang namin na 'wag muna ituloy ‘yan,
kasi kung hihintayin mo pa against the expenses,
problema po 'yan.
(One of the biggest complaints is the long-drawn-out legal
process here in the country of destination and other parts of
the Middle East. In my experience, it takes a month or two
before hearings can be scheduled, which is why it takes so long
to complete a case. If the worker is claiming only a small
amount of money, I usually advise them against pursuing a case
because given the lengthy process and the costs involved, they
might be spending more than the amount they are claiming.)

”
There are also significant costs involved in pursuing cases and grievances. In addition to the
opportunity cost – as filing and following up on cases take time away from a job search or starting
a new job – the OFW would need financial and time resources for getting professional services
for legal assistance, especially if the cases are filed at the NLRC or as the cases enter the formal
judicial system. There are also expenses for documentation, such as providing proof of the non-
granting of leaves or non-payment of wages, as well as for travel and related expenses in the many
days it requires to pursue a complaint. There are estimates that cases can be completed quickly.
Compromise settlements are possible within 30 days.¹³¹ Longer adjudication lasts from as fast as
five months to a possible five years if the case reaches the Supreme Court.¹³² The strategic filing
of appeals by agencies against decided cases of money claims gives agencies an opportunity to
evade the responsibility of paying the worker. Other common maneuvers are frequent incidences
of non-appearance of respondents (employers’ agency representatives and complainants
themselves), which causes delays in the proceedings.¹³³

131
Capistrano, M. (2021, June 9). Personal communication [Personal interview].
132
De Guzman, K. (2021). Personal communication [Personal interview].
133
Bitonio, B. (2021). Personal communication [Personal interview].

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PRESSURE BY THE SYSTEM TO SETTLE

Within the current redress mechanisms, there is a strong internal pressure to settle. At the
POEA, the OWWA, the NLRC and even at the POLOs in the different countries, the
current procedures have built-in opportunities to settle, with many calls for several
conferences or conciliation. There are many reasons why a settlement between the parties
is desired: it shortens the time needed for the claimant to receive immediate compensation,
both parties agree on the sum thus making it theoretically fair, and the claimant can be sure
to receive some amount rather than none at all.¹³⁴

The desire for speed, however, can lead to lopsided results. Though the worker is back in
the home country, the OFW is still negotiating from a position of weakness against the
employer’s or agency’s position of strength. The OFWs are likely to settle for sums far
lower than those they deserve, as the agency representatives offer settlements even if they
"didn't harm you; the employer did”, which deceives the OFW into believing that the agency
cannot be held liable.¹³⁵

With the incomplete documentation of the outcomes of cases filed in the POEA and the
NLRC, it is difficult to assess whether the OFWs are able to successfully obtain fair
resolution of their cases. Some victories are only “on paper”, since the OFW may not be
able to secure the proper compensation for their claims. There are also caps on the
insurance payouts. When the compensation required is higher that the insurance cap, it is
unsure if the PRA would have the financial capacity to settle the case and if the cash and
surety bonds are able to adequately cover the compensation for the workers.

CIVIL SOCIETY ORGANIZATIONS:

FACILITATING ASSISTANCE
Civil society organizations have significantly contributed to the greater well-being of migrant
workers, especially in Asia, for many years. Though CSOs are not membership organizations,
their services benefit from donations and can include a wide variety of activities. The 2018
National Migration Survey also provides information that shows that while only 2.9% of the
OFWs are members of a migrant organization, many OFWs have nevertheless participated in the
activities of the association. These activities include social and cultural activities (71.6%), legal
assistance (38%), money transfers (10.9%) and development projects and investment in the
Philippines (3.9%).

134
Center for Migrant Advocacy (CMA), & AWO International. (2018). Migrant Domestic Workers' Access to Justice. Center for
Migrant Advocacy.
135
See above citation: Center for Migrant Advocacy, Access to Justice.

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Development Projects in the Philippines, 2.5 Scientific Diaspora (knowledge sharing), 1.4

Investment in the Philippines, 1.4 Others, 2.1

Political Movement, 2.5

Facilitate money transfers to the Philippines,

Legal assistance (financial problems, discrimination, etc.),

Social and Cultural activities, 71.6

Figure 9. International migrant’s engagement in migrant associations

Source: National Migration Survey 2018

6.3 CONTRIBUTIONS OF THE CSOS IN

WORKERS’ SEARCH FOR JUSTICE
While the primary aim of CSOs centred on migration in the Philippines is advocacy and research to
influence public policy and peoples’ attention to the needs of overseas migrant workers, CSOs based
in-country or in countries of destination have provided counseling and direct services to many distressed
and displaced migrant workers. A few Philippines-based CSOs have informal partnership agreements
with those in the destination countries in order to provide continuity of information and systematize
action between and among the organizations.

IN THE PHILIPPINES
Very few CSOs are directly and consistently engaged in providing help to distressed migrant
workers. The CSOs accept walk-in clients, either returned workers referred by partner
organizations in the country of destination or family members of OFWs in the Philippines. OFWs
approach the CSOs for advice on the possibilities of filing complaints and for more information
on available mechanisms. Family members also seek help to rescue OFWs in dire situations at the
country of destination, to search for a missing OFW or to lobby the PRA or the OWWA or the
POEA to repatriate their distressed relative back to the Philippines. In effect, these requests are
for assistance to lobby the OWWA or their recruitment agencies to provide funding for
immediate repatriation.

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The Center for Migrant Advocacy (CMA), a major Philippine NGO engaged in policy advocacy,
information dissemination and direct assistance to migrant workers, has provided long-term data
on complaints and cases of OFWs in the time period from 2004 to 2017. The CMA assisted
2,317 repatriated Filipinos on issues involving non-payment of wages and salary deductions,
maltreatment, and detention for crimes and other offences. The five top ranking cases consisted
of delayed wage payments, maltreatment, detention, overwork, death and health issues. While
the CMA case load averages only 200 cases per year, their data suggests that the profile of the
grievances is strikingly similar throughout this period.

Table 18. Top 15 categories of cases, CMA

TYPE OF CASE 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 TOTAL

Non-payment/
delayed/ illegal 7 4 54 148 58 32 27 30 14 17 19 24 53 32 519
deduction of salary

Request repatriation 3 1 69 84 42 23 14 23 2 10 3 - - - 274

Maltreatment/
physical/ verbal - 7 24 44 64 16 2 - 11 7 15 9 16 8 223
abuse

Detention 1 6 30 26 28 35 26 10 3 5 9 6 11 4 200

Overworked - 3 10 65 19 5 13 12 5 5 5 16 26 12 196

Death & serious

2 4 20 15 18 14 14 13 9 2 9 3 17 4 144
health problems

Contract substitution - - 47 4 12 8 2 21 1 6 3 8 13 11 136

Work/ permit/ iqama

- - 40 31 12 16 6 4 1 3 - - 7 - 120
(GCC)/ visa problem

Illegal recruitment/
- - 20 6 15 16 9 12 3 4 3 3 7 1 99
trafficking

Sexual abuse/
- - 11 14 18 8 2 9 4 5 - 8 4 2 85
harassment/ rape

Run away from

5 3 31 - - 7 7 11 4 4 3 4 5 - 84
employment/ jobsite

Lack of welfare
4 6 9 5 - 8 2 6 11 2 3 3 2 - 61
benefits
Illegal dismissal/
- - 1 - 18 7 5 5 - 8 2 - 12 3 61
terminated
Whereabouts/
2 4 12 8 8 2 7 6 3 2 - 2 3 1 60
missing
Repatriation of
- - 3 - 11 10 9 3 5 1 - 4 5 4 55
remains
* Excluding cases categorized as Others as they are the highest number in the total cases

Source: Center for Migrant Advocacy Philippines

A major difficulty in categorizing cases is that as OFWs narrate their experiences, they would
start with the primary complaints of non-payment of wages, breach of contract that includes
non-provision of days off, and salary deductions. In time, however, the narrative would provide
more detail, showing the extent of the abuse and restrictions on workers’ movement. Classifying
a case becomes more complicated as a case initially classified as a contract violation would
eventually include elements of forced labor, such as disallowing the worker communication with
their family, physical or mental abuse, being forced to work in other households and withholding
important documents such as the passport.

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A majority of the complainants are women, many of whom were domestic or cleaning workers
in the Middle East. Those approaching the CSOs have already exhausted their options with regard
to their PRAs/FRAs as well as the POLOs. Many of the complainants also include those workers
who have switched employers/agencies or work while remaining in the foreign country and are
unable to seek redress with the original recruitment agency.

In addition to the labor cases that relate to unfair labor practices such as overworking,
underpaying and non-payment of wages, the CSOs also receive welfare cases specific to Philippine
resettlement – access to healthcare, assistance, welfare benefits, material provisions and legal
facilitation of cases. These services are funded from financial assistance given by generous
individuals and donors.

CSO PROCESS IN ASSISTING A

REPATRIATED OFW IN THE PHILIPPINES

A returned worker visits the CSO to narrate his/her personal overseas

1 employment experiences. He/she brings documents to review – the
employment contract and travel documents.

The CSO counsellor reviews the documents on hand and assesses

whether there is a case to be made. The counsellor informs the worker
2 of his/her options using complaints procedures and the different
jurisdictions of government offices and agencies.

CSOs offer several options to the workers – either through a conciliation-

3 mediation process mediated by a designated SEnA site or through the
POEA’s Legal Assistance Division.

The OFW may ask for the CSO to accompany him/her in filing cases and
4 attending hearings before the POEA.

Once a complaint has been filed with the POEA and/or the NLRC, the
POEA/NLRC will conduct an initial interview with the complainant. The
POEA then schedules for a mediation/conciliation session with the
5 workers’ agency and can wait up to a month for the first hearing to take
place. If the case is elevated to the NLRC, the process is somewhat similar
and all hearings are repeated at each level.

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The CSO may also counsel the OFW on the range of services for
6 returned migrant workers in addition to legal assistance and counseling.
They inform the OFW about livelihood grants, training options, and the
like.

For workers already repatriated to the Philippines, the CSOs say that OFWs do not feel
empowered to avail of the POEA/OWWA services as a matter of right. When OFWs visit
government offices, many are so poorly treated, whether by office or security staff of different
offices. In some cases, staff reportedly treat workers in an abrasive or aloof manner and security
staff raise their voices, refusing to let workers enter the premises of an office without any
explanation or reason.¹³⁶ The unfriendly environment is possibly why migrant workers seek the
intervention of others for assistance. The CSOs address the workers’ needs for information and
education on their rights to services, ways to hurdle the barriers in availing of these services,
clarification of processes, and even help in funding travel to and from offices.

In time, many OFWs drop out of these processes, losing their resolve to file a case even at the
preliminary stages of case filing, since many believe that legal representation is needed. Workers
also underestimate how long it takes to prosecute a case. This is also often the reason why some
workers may feel deterred from pursuing a case, especially if they are not based in Metro Manila.

The OWWA data of 2020 on the status of complaints and cases (Figure 6) show that out of the
total of 4,663 cases referred to the POEA in 2020, 58% resulted in settlements, 27% have
formally withdrawn or have no further information, and 15% have been referred to both the
NLRC and the POEA. For those dropping out of the processes, the OFWs lose their resolve for
various reasons: the costs, the successful search for another job, among others. There are those
deterred by the length of time it would take to complete their cases. Some OFWs mistake case
filing with an office like the OWWA, for example, as a “one stop shop”, believing that the process
would be finished in a day.¹³⁷

136
Navarro, A.L. & Gonzales, S. (2021, January 14). Personal communication [Personal interview].
137
Hapal, J. (2021, January 6). Personal communication [Personal interview].

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IN THE DESTINATION COUNTRY

The CSOs based in the destination country consist of volunteers who are long-term residents or
OFWs. These local organizations have the ground knowledge and credibility to directly and
immediately assist distressed OFWs.¹³⁸ OFWs hear of CSO services either through referrals of
other OFWs or information from Facebook pages and other social media platforms.

These CSOs consider themselves as “field workers” for the government as they provide workers
with assistance and services. Their volunteers assist in the overseas migrant centers to counsel
distressed OFWs, serve as a listening ear and reassure workers that despite their problems and
living far from their families, there are other OFWs like them who are available and willing to
listen to and help with their problems. Some CSOs are able to provide newly-arrived OFWs with
knowledge and information on pertinent labor laws, the culture of the citizens of the destination
country, their rights as OFWs, benefits to being OWWA members, and any other important
rights and benefits they are entitled to as OFWs. These CSOs agree, however, that while there
are mechanisms for complaints and access to redress in the countries of destination, these
processes are notably slow and are likely to advise a quick return home to file cases and
complaints.

Given the extent of services CSOs provide to overseas workers, these organizations also need
continuous training to simply keep up with migration rules and regulations and develop additional
skills to enhance their sensitivity to victim-survivors of gender-based violence. CSOs also need to
access resources for psycho-social support services for victim-survivors in need of healthcare and
protection. Some form of accreditation of the CSOs, following the example of Government of
Singapore, may be an important step in ensuring continued services for distressed OFWs and
lessening the workloads of the POLOs in the destination countries.

CSO PROCESS IN ASSISTING AN OFW

IN THE COUNTRY OF DESTINATION

OFWs visit the CSO or send a message through online platforms, such as
1 Facebook.

The CSO volunteers guide OFWs through the many processes of seeking
2 remedy for their problems. They clarify the processes for different types
of cases and advise on the timelines and resources that are needed.

138
Obtained from one-on-one interviews with B. Concha and M. Padilla (2021).

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For contract violations, the CSOs advise self-reliance to look for ways to
3 resolve the issues at hand on their own.

There are different types of advice for workers in different occupations.

4 They advise ways to establish better communication with the employer
and being informed on internal company complaints mechanisms.

For household workers, the first step would be to call the foreign
recruitment agent. Alternatively, the CSO can also call the Philippine
5 recruitment agent or seek the POEA’s assistance to compel the Philippine
counterpart to facilitate action.

For workers whose residence and work permits have expired and are now
in an irregular status, or for those who may need legal assistance for a
6 suspected crime or help in the repatriation of remains, the advice is to go
to the OUMWA/DFA. Direct help in family and personal matters means
going to the OWWA.

CSOs advise that workers go to the POLOs even before the employer-
7 worker relationship deteriorates to a significant degree that repatriation
may often be the only option left to the workers.

Cases involving trafficking are brought directly and immediately to the

POLOs. When workers raise their complaints with the POLOs and are
8 dissatisfied with the outcome, they may choose to file a case again upon
their return home.

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THE MOVE TO PROVIDE

SERVICES DIGITALLY
An unintended effect of the COVID-19 global lockdown has been the increased reliance of
OFWs on digital applications for information and services. OFW-focused NGOs, especially in
countries of destination, have received more attention from OFWs on their Facebook pages and
other digital accounts. At first, the overseas workers queried on their entitlements to the DOLE-
AKAP Cash Assistance Program.¹³⁹ In other instances, the CSOs served to filter many of the
queries and complaints from OFWs by providing basic information on ways to address problems
of company shutdowns, loss of benefits, and ways to secure repatriation benefits from their
employers or agents or government-arranged mercy flights. As an example, the Facebook group
Ang Kaagapay ng OFW continues to receive over 1,000 messages daily requesting for assistance.
Their user reach on Facebook is more than 6 million. Kaagapay even has a Tiktok account with
over 59,100 followers.¹⁴⁰

A major issue during the COVID-19 pandemic is what the Migrant Forum in Asia – and their large
network of international CSOs advocating for a global justice mechanism for repatriated workers
– call wage theft.¹⁴¹ Due to massive lay-offs during the pandemic, the OFW complainants were
deprived not only of salaries and wages under existing contracts but also of their end-of-contract
entitlements and benefits. In the situation of chaos as had happened during the COVID-19
shutdowns, it also became extremely difficult for agency-hired workers to access their passports
and pertinent travel documents that were held by agencies or employers.¹⁴²

139
OFWs were entitled to receive a one-time cash benefit of US$200.
140
Concha, B. (2021, March 4). Personal communication [Personal interview].
141
Migrant Forum in Asia, & Justice for Wage Theft. (2021). Crying Out for Justice: Wage Theft Against Migrant Workers during
COVID-19 (Volume 1).
142
See above citation: Wage theft

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CHAPTER 7
DESIGNING AN IMPROVED FRAMEWORK
ON COMPLAINTS MECHANISMS
The impact of the COVID-19 pandemic (2020-) has seriously tested and still continues to test the Philippines’
capability in managing its foreign employment and overseas worker welfare programs. With over 700,000 Overseas
Filipinos, half of whom are OFWs returning to the Philippines,¹⁴³ the pandemic has demonstrated the risks of having
a major employment strategy dependent on the ups and downs and the vicissitudes of foreign labor markets. As
thousands of foreign employing establishments all over the world shut down their operations, OFWs’ contracts,
especially in the sales and services sectors, were also summarily terminated. For many OFWs, the early terminations
meant the loss of health and other social protection, together with their deserved benefits such as their severance
packages and accumulated leaves.

The slowdown in overseas employment offers an opportunity to assess the national overseas employment
program’s policies, programs and services. With the clear priority of Philippine policy on the protection of its
overseas workers, a key area of review would be how the government’s complaint and workers’ feedback
mechanisms consider the scale of the overseas workers’ complaints and concerns, the extent to which the OFWs
are able to raise these complaints, and the manner in which these complaints are addressed.

This chapter completes the earlier discussions of the risks and vulnerabilities OFWs face, the country’s
commitments to protection and access to justice, and the Philippine feedback mechanisms organized to support
the OFWs’ efforts to rectify contract and recruitment violations. The chapter focuses on specific recommendations
to improve the efficiency and relevance of the country’s complaints mechanisms for OFWs. The following sections
present an improved/enhanced framework on overseas workers’ complaints. While this framework is broad in its
scope, it seeks to respond to the key criticisms to perceived gaps in the current mechanisms.

POLO NCR
NCBM (international PRA Reports & Local
sites) Offices

Multiple access points

NLRC POEA POLO OWWA

HUB

Contract Forced Labor Medical, Immigration

Tracks for cases Recruitment
Related & Trafficking Health & Death & Workers
& complaints Regulation
Violations in Persons Services in Conflict
w/ the Law

Figure 10. Improved framework on complaints mechanisms for OFWs

143
Agcaoili, L. (2021, May 3). OFW remittances may grow by 3.3% this year. Philstar.com.

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7.1 MULTIPLE ACCESS POINTS

The NLRC and the POEA have jurisdiction over all grievances raised by the OFWs on their employer-
employee relations arising from contracts. The POEA also has the power to impose disciplinary action
on recruitment agencies. While the POEA mandate covers only the regulation over private recruitment
agencies, there are no constraints on the NLRC to receive complaints from those workers recruited
through government-to-government arrangements or hired directly by their foreign employers (i.e., not
just those hired through agencies). The Joint and Solidary Liability of foreign employers and the private
recruitment agencies is a lynchpin of Philippine OFW complaints mechanisms; it remains to be seen how
much leverage Philippine Government decisions can bear on foreign employers solely, unless the
governments of the destination countries concur and even assist the Philippine Government in enforcing
redress. Enforcing decisions of foreign courts in another jurisdiction, however, is usually a challenging and
lengthy process in almost any country.

The SEnA opens multiple pathways into the NLRC and POEA grievance mechanisms. The SEnA
expanded avenues for OFWs to seek advice on their complaints and file cases against their employers
and/or employment agencies in regional DOLE offices (including POEA, OWWA and NLRC regional
branches) and internationally in its overseas labor offices. Private recruitment agents also file reports on
significant events encountered by their hired OFWs, and these too can be considered as alert
notifications registered and tracked in the complaints mechanisms.
While it is an innovative expansion that benefits access, SEnA has nevertheless received its share of
criticism. It remains unclear whether OFWs are confident enough in the use of the DOLE’s field offices
outside of the POEA, OWWA and NLRC offices in the National Capital Region and in nearby areas like
CALABARZON (Region IV-A). Of particular interest is whether the workers recruited from Mindanao,
who are primarily female workers hired for domestic work, are availing of conciliation services from
DOLE offices in their regions of origin.

Another contentious discussion is the quality and finality of compromise agreements negotiated and
settled by the SEnA desk officers. An example is the case of a domestic worker who waited for several
months for her SEnA case to start, expecting to receive her claim of unpaid wages of five months
(approx. $2,000). After a long period of waiting, she finally settled for $250.¹⁴⁴ Labor officers based in
foreign countries say that SEnAs conducted in the foreign country face constraints of jurisdiction and
their inability to compel foreign employers or their representatives to report to the Philippine Embassy.
The officers’ only leverage is their ability to stop accreditation or contracts processing when cases are
not settled. Private recruitment agencies also ask for their participation in online SEnA proceedings in
the country of destination. The agencies also complain that the POLOs consistently advise the agency-
hired workers to return home to pursue their cases, using JSL and insurance coverage as guarantees of
redress.

Because of complaints on the quality of compromise agreements raised by the OFWs, the NLRC, the
POEA and the OWWA have reserved the right for repatriated OFWs to reopen conciliation, especially
where the compromises are clearly, though subjectively, considered substandard.¹⁴⁵ While this measure
is understandable, when criteria for reopening are unclear, these decisions throw shade on the quality
of the SEnA agreements negotiated outside of the Philippines or away from the Manila-based offices.

144
Obtained in third ALTER Validation Workshop (Government).
145
See above citation.

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7.2 A CENTRAL HUB FOR ACCOUNTABILITY

While access at central and local levels allows OFWs much greater access to the grievance mechanisms
and reduce their costs in pursuing their complaints, having a convergent hub would strengthen the
operations of the grievance mechanisms. By establishing clear accountability, the hub is expected to
provide oversight, facilitate access, develop systems, pursue efficiencies, monitor fair outcomes, and
report on worker protection to those affected, the mechanisms’ stakeholders and the general public.
Among its priority tasks are to:

Standardize intake forms. This will allow the creation of common databases with comparable
demographic and occupational variables – age, gender, occupation, work location, among others – and
more detailed presentation of the complaints data for the better classification of cases. Updating of each
intake form starts at entry and finishes with a settlement, an adjudication decision or an archival entry.
Standardizing the forms may require revisiting all existing forms being used in current operations¹⁴⁶
including those overseas. Participating agencies start with a basic "data dictionary" where all the agencies
adopt a common definition of all the terms that would be used for tracking and reporting.

Simplify procedures and complement processes. As all participating agencies are expected to exchange
information freely, it would be possible to reduce repetitive processes and repeat submissions of
documents. Public information on processes and procedures would need to detail required
documentation and possibly information on the possible length of time to pursue cases, based on prior
experiences.

Link internal monitoring systems. The POEA, the OWWA, the ILAB/POLOs and the NLRC have
different internal monitoring systems for the performance of their operational units. Linking systems is
a major undertaking, requiring a review of internally established procedures and protocols.
Nevertheless, in the interim, producing commonly designed reports would enable comparability and
afford a comprehensive view of the operations of the complaints mechanisms.

Undertake random reviews of case outcomes. The complaints mechanisms have to demonstrate the
fairness of the outcomes. A set of indicators can be drawn to assess fairness and these should be tested
on a number of settled and adjudged cases.

The hub is currently non-existent and its creation will bring a sense of order to the current operations
of the complaints mechanisms. There may be not be a need to create a new office nor a new position.
It may be as simple as designating a lead agency. But it is essential to establish a core group that will own
up to the responsibility of ensuring that OFWs have access to the mechanisms and also, more
importantly, that they have a fair chance at good outcomes. This will also help clarify to and encourage
OFWs to use the grievance channels to claim their entitlements. It is also likely to reduce “forum-
shopping” caused by a lack of clarity on the grievance mechanisms and also, partially, a clear distrust of
the current processes. The hub needs to be funded, especially if it is reliant on digital operations.

In determining which government agency has the primary responsibility in overseeing the operations of
grievance/complaints mechanisms, the Philippine Overseas Employment Administration (POEA) is the
natural and likely lead (given its role historically). The Administration has the mandate for the supervision
of the licensing and sanctioning of recruitment agencies, the fight against illegal recruitment, and the
processing of contracts of all overseas workers. The Administration is also likely to be the technical
secretariat for the negotiation and maintenance of the bilateral agreements on the hiring and placement

146
To include processes found in the Joint Manual of Operations in Providing Assistance to Migrant Workers and Other Filipinos
Overseas.

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of Filipino overseas workers. More importantly, the POEA and its adjudicators have a firmer and deeper
grasp of the nuances and peculiarities of overseas employment. The POEA promulgates, through its
Governing Board and Administrator, the policies, rules and regulations on the recruitment, placement,
hiring, processing, deployment, welfare and repatriation of OFWs. It issues advisories on the laws, rules
and regulations of the various countries of destination, including those on onsite dispute settlement/
resolution, as well as international conventions and bilateral labor agreements involving migrant workers.
It accredits and registers foreign principals and employers, approves their job orders and processes
employment contracts for use and implementation. It conducts overseas missions and visits to host
countries to validate labor market reports. With its direct hands-on experience and broader knowledge,
the POEA is in a strategic position to take on this role of oversight.

On the other hand, being the institution primarily responsible for the welfare of OFWs, the Overseas
Workers’ Welfare Administration (OWWA) is dedicated to monitoring the welfare of workers who
have suffered contract violations and other welfare concerns. The OWWA is well-placed to provide its
services, such as emergency shelter and quick repatriations, with its network of international and
regional operations. With its Charter, the OWWA has much greater independence and the financial
resources provided by the hired workers and their employers. In addition, unlike the POEA, the
OWWA’s protective mantle covers all overseas workers, including those who are undocumented and
irregular. It is also the OWWA, at this time, that seems to have the better operational systems in place
to monitor cases.

Alternatively, an independent third-party mechanism could also be considered. The Committee on

Migrant Workers (CMW) under the United Nations has long suggested that States designate an
Ombudsperson to facilitate migrant workers’, particularly domestic workers’,¹⁴⁷ access to redress
mechanisms. Another inspiration is the Netherlands’ National Rapporteur who, while reporting to the
Dutch government, nevertheless remains independent. The Dutch National Rapporteur has published
multiple reports on human trafficking, child pornography and sexual violence against children.¹⁴⁸

7.3 TRACKS FOR CLUSTERED CASES

At the hub, the complaints and cases are tracked into five channels, clustering complaints with similar
management processes, whether in urgency of action, responsibility of designated units and
coordination with other offices. These five tracks are recruitment regulation; contract related violations;
forced labor and trafficking in persons; medical, health and death services; and immigration and workers
in conflict with the law. Pandemic shutdowns or displacement by war involving mass repatriations are
handled as extraordinary events and are treated separately.

147
United Nations. (2009). United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their
Families (Ninth and Tenth Session). United Nations Office.
148
Bureau of the National Rapporteur. (n.d.). Publications. National Rapporteur on Trafficking in Human Beings and Sexual Violence
against Children. Retrieved May 21, 2021.

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7.4 DATA FOR POLICY MAKING AND

PUBLIC REPORTING
The Migrant Workers Act of 1995 highlighted the value of consolidated and integrated data for
government to quickly and immediately respond to our overseas migrant workers’ needs and requests
for protection. The Act required data sharing with connectivity among key stakeholders as a matter of
priority, namely the databases of the Department of Foreign Affairs (DFA), Commission on Filipinos
Overseas (CFO), Department of Labor and Employment (DOLE), the Philippine Overseas Employment
Administration, the Overseas Workers’ Welfare Administration (OWWA), Department of Tourism
(DOT), Department of Justice (DOJ), Bureau of Immigration (BI), National Bureau of Investigation (NBI)
and National Statistics Office (NSO).¹⁴⁹ The databases, as stated in law, would include:

1 2 3

A master list of Filipino migrant An inventory of pending legal Master lists of departing and
workers with pertinent cases of Filipino migrant arriving Filipinos
demographic information workers

4 5 6

A statistical profile on Filipino Basic data on legal systems, A list of labor and other human
migrant workers/overseas immigration policies, law, civil rights instruments where
Filipinos/tourists and criminal codes in receiving receiving countries are
countries, particularly those signatories
with large numbers of Filipinos

7 8

A tracking system of past and A listing of overseas posts that

present disaggregated cases may render assistance to
involving male and female overseas Filipinos in general and
migrant workers migrant workers in particular.

149
An act to Institute the Policies of Overseas employment and establish a higher standard of protection and promotion of the
welfare of Migrant Workers, their families and Overseas Filipinos in distress, and for other purposes, Rep. Act No. 8042, § 1-43
(1995), O.G., (Phil).

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Improvements in technology combined with political will may make this legal provision a reality. The
government organizations managing or facilitating complaints mechanisms need to produce and publish
summary reports on the operations of its grievance mechanisms. These combined reports (or at the
start, individual reports) should highlight the cases of OFWs, disaggregated with the following
demographic and employment characteristics: land-based vs. sea-based; male vs. female; country of
destination or flag (for seafarers); occupation, esp. domestic workers; and cause of action.¹⁵⁰ Analysis of
the detailed data distributions can help sharpen the design of programs, especially in the distribution and
allocation of staff and financial resources. The data may also be used to convince individual countries of
destination to give more attention to contract violations in these countries. These complaints and their
solutions should form part of negotiations and discussions of bilateral agreements.

Regular information to the stakeholders and the public builds the legitimacy and transparency of the
mechanisms. Periodic analysis of the frequency, patterns and causes of grievances can enable the POEA/
OWWA to identify policies, procedures and practices that prove effective and sustainable in the long
term. Sharing the results to a wider audience provides an opportunity for the active participation and
ongoing feedback about the performance of the grievance mechanism. This provides a continuous
source of learning to identify lessons for improving the mechanism and preventing future grievances.

7.5 A UNIFIED COMMUNICATIONS

PROGRAM
Any worker seeking information on taking a complaint forward to a docketed case and a grievance will
have to consider different information sources – government websites, CSO help centers, and even
information stalls in the airport. These websites and information sources post different telephone
numbers, email addresses and resources to assist the worker. Information received online would usually
not be harmonized with the mandatory pre-departure orientation programs required of departing
overseas workers.

As the information is from government sources, it would be helpful to develop common instructions
and useful information on posters, flyers and programs relating to complaints mechanisms. Synchronizing
this information with business, civil society organizations, and pre-departure and pre-employment
orientation programs will strengthen the impact of this messaging.

150
De Guzman, F. (2021, January 20). Personal communication [Personal interview].

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Figure 11. Image gallery of agencies’ online portals for access of migrant workers

7.6 PARTNERSHIPS WITH BUSINESS

AND CIVIL SOCIETY ORGANIZATIONS
The success of grievance mechanisms depends on the belief and trust of its stakeholders in the integrity
and impartiality of the mechanisms. At this time, there are different perceptions on the effectiveness of
the systems, whether these are sufficiently impartial and that the aggrieved parties have reasonable
access to sources of information, advice and expertise. There are allegations of corruption and
favouritism, trigger-happy complainants, and forum-shopping.¹⁵¹ There is little research on the outcomes
of legal decisions, whether these are equitable or compatible with international human rights; to do so
would require a commitment from those managing the systems to open the results to scrutiny.

The design of any enhanced framework would need the engagement of the private recruitment agencies
and the civil society organizations. All parties in the grievance mechanisms should believe that different
stakeholders – employers, workers and recruiters – have a fair chance in obtaining an equitable
outcome. To obtain this engagement, it would be important to see how the mechanisms can contribute
to the PRAs’ needs for fairness and a better understanding of PRA constraints and challenges. The CSOs
also need convincing that the system is meant to provide redress. It would also be helpful if the DOLE
is able to designate or accredit CSOs, both in the countries of destination and in the Philippines, to
advise and guide OFWs in filing and pursuing complaints and cases.

151
Series of Interviews

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7.7 STAFF TRAINING

Staff training and capacity building emerged in many interviews and workshops as a major step forward
in improving the workers’ complaints mechanisms. Staff training needs to initially focus on the overall
operations of the complaints mechanisms, in the identifying and categorizing of cases, in the mechanics
of the legal procedures and in the closing of the cases. More specialized focus can be given to
conciliation, negotiations for settlements, and compromise agreements and adjudication. With the
higher proportion of women raising complaints and filing cases, there may be a need to offer gender-
sensitivity training. This would also address the complaint raised by some OFWs that welfare officers
need to be more empathetic to the worker-complainants, in particular the female complainants.

Participants could include SEnA desk officers, conciliators and overseas welfare officers who all need
staff orientation and training. Where possible, joint training programs with PRA and CSO welfare
officers should be arranged. These sessions will also strengthen the sharing of experiences and expertise
among the different agencies.

7.8 INVESTMENT IN DIGITAL

INFRASTRUCTURE
Many of the challenges in improving the operations of the complaints mechanisms require upgrades in
the DOLE’s obsolete digital infrastructure, in particular for the POEA. While there is in-house capacity
at the POEA to develop their own applications, the POEA’s systems cannot be improved or updated
without the improvement of the overall digital infrastructure. The POEA servers were acquired during
the 2013-2017 period. Many of the applications/programs of the POEA were developed in the 1990’s
under sub-contracts with technical support. These contracts are no longer subsisting.

If the POEA were to upgrade and link their different systems and applications, each individual system
must be improved (which can only be achieved through improved infrastructure such as new equipment,
servers, etc.) Even though a provision in the Migrant Workers Act states that a shared information
system must be in place, it is currently not being implemented due to the obsolescence of the
applications and the current infrastructure not being strong enough to support a larger integration.

Funding has become a real constraint, with limited funding allocated for the purchase of new equipment.
During the pandemic, the POEA sought and obtained congressional approval for the POEA to retain
10% of the previous years’ income to pay for server upgrades. While the required IT budget is pegged
at ₱536 million, the 10% income retention granted them is ₱33 million.

The POEA-ICT is developing a mobile application for OFWs.¹⁵² The application would enable the
workers to directly report to and update the POEA in real time. The OWWA is also interested in
developing such an application in the future. There are now many examples of privately developed digital
applications. These have been independently developed by private recruitment agencies or CSOs for
different purposes, mainly to better monitor the status and conditions of hired workers and meet their
commitments in reporting to the POEA. These applications can also be considered for use by other
PRAs or CSOs under some licensing or subscription arrangement. Private developers have also looked

152
Funding for such a project has not been secured.

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for ways to improve the interface with the POEA and OWWA systems.¹⁵³ Examples of these privately
developed applications are found in the boxes below.

The power of these digital applications is that they democratize OFW access to information on
migration, which reduces their reliance on third parties who are often the only source of information
for prospective migrants. Digital pre-migration outreach also offers an improvement over traditional
pre-migration programs because of the consistency of messaging, ability to quickly update content,
lower cost, geographical reach and overall opportunities to scale.¹⁵⁴

PRINCIPLES FOR EFFECTIVE GRIEVANCE

MECHANISMS
The Guiding Principles on Business and Human Rights¹⁵⁵ establish eight effectiveness
criteria for non-judicial grievance mechanisms. These principles help guide the design of
an improved framework for complaints mechanisms:

For contract violations, the CSOs advise self-

LEGITIMATE: reliance to look for ways to resolve the issues at
hand on their own.

being known to all stakeholder groups for whose

use they are intended, and providing adequate
ACCESSIBLE:
assistance for those who may face particular
barriers to access;

providing a clear and known procedure with an

indicative time frame for each stage, and clarity on
PREDICTABLE:
the types of process and outcome available and
means of monitoring implementation;

153
Buendia, AA. (2021). Personal communication [Personal interview].
154
Stay Safe, Bangladesh
155
United Nations Human Rights Office of the High Commissioner. (2011). Guiding Principles on Business and Human Rights (HR/
PUB/11/04). OHCHR.

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keeping parties to a grievance informed about its

progress, and providing sufficient information about
TRANSPARENT: the mechanism’s performance to build confidence
in its effectiveness and meet any public interest at
stake;

seeking to ensure that aggrieved parties have

reasonable access to sources of information, advice
EQUITABLE: and expertise necessary to engage in a grievance
process on fair, informed and respectful terms;

RIGHTS ensuring that outcomes and remedies accord with

-COMPATIBLE: international human rights;

A SOURCE FOR drawing on relevant measures to identify lessons

CONTINUOUS for improving the mechanism and preventing future
LEARNING: grievances and harms;

consulting the stakeholder groups for whose use

BASED ON
they are intended on their design and performance,
ENGAGEMENT
AND DIALOGUE: and focusing on dialogue as the means to address
and resolve grievances.

153
Buendia, AA. (2021). Personal communication [Personal interview].
154
Stay Safe, Bangladesh
155
United Nations Human Rights Office of the High Commissioner. (2011). Guiding Principles on Business and Human Rights (HR/
PUB/11/04). OHCHR.

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OFW WATCH
OFW Watch is a Philippine-developed application¹⁵⁶ that enables the user to find and
communicate with nearby OFWs. A user may send out an alert for abuse on the occasion of
abuse, alerting all current users. A locator in the application may also show the user nearby
POLOs, embassies and OWWA posts. The application also provides useful resources and articles
to help empower its users with helpful information related to their migration journey.

The most current version of OFW Watch is formatted as Progressive Web App (PWA). This
functions in the same way as a mobile application can, but is also accessible through a webpage.
This means that even if an OFW does not have a smartphone, they could access a computer,
enter the website URL and log in. Currently, OFW Watch also has a Facebook page that also
serves as a channel where OFWs can send their grievances directly, where it is monitored. To
date, the OFW Watch Facebook page has had a general reach of over 2 million views.¹⁵⁷

ABIZO
“Abizo OFW” is a customized application developed by a private contractor for OFWs
abroad to raise work-related issues, register complaints and file cases. Abizo OFW acts
as a “call centre,” receiving and sifting a large volume of complaints received from OFWs.
Two complaint channels were developed, with one track for medical issues concerning
welfare and health and the other channel for non-medical concerns. The non-medical
issues pertain to complaints related to their ongoing employment, including contract
violations and their living conditions. Urgent cases are tagged as “red flags” to signify the
need for immediate action and sent to the most appropriate office / division / branch.

Developed and tested in cooperation of OFWs, PRAs, and the POEA, Abizo has already
registered close to 10,000 OFWs. The application already cites several success stories on
helping OFWs who were not paid their salaries and had complaints about their working
conditions.

156
Mynd Consulting, with funding support from Microsoft and in partnership with POEA and OWWA.
157
Padilla, M. (2021, March 4). Personal communication [Personal interview].

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LBS RECRUITMENT SOLUTIONS

LBS Recruitment Solutions is a Philippine-based recruitment agency, one that is
particularly oriented in developing their own technological solutions to worker
monitoring and grievance mechanisms and making these available to their workers.

LBS Recruitment uses an internal system they developed themselves called the Advanced
Recruitment Management System. Applicants may access their accounts via the LBS
Recruitment Solutions website by logging in and viewing all their relevant information,
which is also made available to all administrators and employees of LBS Recruitment.
Workers may also chat or send messages to the dedicated monitoring staff of the agency.
Families of the OFW are also notified by the agency on the status of their relative or kin
during their application process and/or deployment status.

On top of their internal system, LBS Recruitment has a Facebook page where they are
highly active in posting advisories, job advertisements, and other relevant announcements.
On their homepage, additional contact details such as their central Email address, main
office landline number, and website are listed. Workers may also message LBS
Recruitment via the Facebook messenger platform, where they maintain a high response
rate.

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*Units handling
complaints mechanisms
ANNEX A. POEA ORGANIZATIONAL
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BIBLIOGRAPHY
- CITATIONS (APA)
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TABLE OF CONTENTS

PERSONAL
INTERVIEWS
- CITATIONS (APA)
PARENTHETICAL & REFERENCE LIST STRUCTURE CITATIONS

Jerome Alcantara (BFO Policy Center)

- Alcantara, J. (2021). Personal communication [Personal interview].

Sarah Arriola (DFA – Migrant Workers’ Affairs)

- (S. Arriola, personal communication, January 15, 2021).

- Arriola, S. (2021, January 15). Personal communication [Personal interview].

Raquel Bracero (PASEI Inc.)

- (R. Bracero, personal communication, January 21, 2021).

- Bracero, R. (2021, January 21). Personal communication [Personal interview].

Benedicto Ernesto “Bobot” Bitonio

- (B. Bitonio, personal communication, 2021).

- Bitonio, B. (2021). Personal communication [Personal interview].

AA Buendia (AAB Management Services)

- Buendia, AA. (2021). Personal communication [Personal interview].

Mel Candano (POEA Planning)

- (M. Candano, personal communication, January 27, 2021).

- Candano, M. (2021, January 27). Personal communication [Personal interview].

Leslie B. Chua (Pioneer Insurance)

- Chua, L. (2021). Personal communication. [Personal interview].

121
0
PERSONAL INTERVIEWS

Marc Capistrano (Staffhouse International Inc.)

- (M. Capistrano, personal communication, January 18, 2021).

- Capistrano, M. (2021, January 18). Personal communication [Personal interview].

Ka Bong Concha (Ang Kaagapay ng Bawat OFW)

- (B. Concha, personal communication, March 4, 2021).

- Concha, B. (2021, March 4). Personal communication [Personal interview].

Edwin Cristobal, Charity Jacob (POEA – GPB)

- (E. Cristobal & C. Jacob, personal communication, January 21, 2021).

- Cristobal E. & Jacob C. (2021, January 21). Personal communication [Personal interview]

Kiko De Guzman (POEA – AIRB)

- De Guzman, K. (2021). Personal communication [Personal interview].

Jalilo de la Torre (HK Labor Attache)

- de La Torre, J. (2020). Personal communication [Personal interview].

Saul de Vries, Zita Reyes (Singapore Labor Attache)

- (S. de Vries & Z. Reyes, personal communication, December 2, 2020).

- de Vries, S. & Reyes, Z. (2020, December 2). Personal communication [Personal interview]

Jocelyn Hapal (OWWA)

- (J. Hapal, personal communication, January 6, 2021).

- Hapal, J. (2021, January 6). Personal communication [Personal interview].

Lito Hernandez (IPAMS)

- (A. Hernandez, personal communication, January 19, 2021).

- Hernandez, A. (2021, January 19). Personal communication [Personal interview].

Ria Lano (Adjudication Office)

- (R. Lano, personal communication, January 8, 2021).

- Lano, R. (2021, January 8). Personal communication [Personal interview].

122
PERSONAL INTERVIEWS

Hussein Macarambon (ILO Manila)

- (H. Macarambon, personal communication, January 11, 2021).

- Macarambon, H. (2021, January 11). Personal communication [Personal interview].

Froilan Malit Jr. (Rights Corridor)

- (F. Malit Jr., personal communication, January 20, 2021).

- Malit Jr., F. (2021, January 20). Personal communication [Personal interview].

Anna Liza Navarro, She Gonzales (CMA)

- (A.L. Navarro & S. Gonzales, personal communication, January 14, 2021).

- Navarro, A.L. & Gonzales, S. (2021, January 14). Personal communication [Personal interview].

Carmelita Nuqui (DAWN)

- (C. Nuqui, personal communication, January 18, 2021).

- Nuqui, C. (2021, January 18). Personal communication [Personal interview].

Myrna Padilla (Mynd Consulting)

- (M. Padilla, personal communication, March 4, 2021).

- Padilla, M. (2021, March 4). Personal communication [Personal interview].

Tess Delos Santos (WEO)

- Delos Santos, T. (2020). Personal communication [Personal interview].

Ken Sarmiento (POEA – ICT)

- (K. Sarmiento, personal communication, January 7, 2021).

- Sarmiento, K. (2021, January 7). Personal communication [Personal interview].

Lito Soriano (LBS Recruitment)

- (L. Soriano, personal communication, January 20, 2021).

- Soriano, L. (2021, January 20). Personal communication [Personal interview].

Atty. Francisco De Guzman (Legal Consultant, LBS Recruitment)

- (F. De Guzman, personal communication, January 20, 2021).

- De Guzman, F. (2021, January 20). Personal communication [Personal interview].

123
PERSONAL INTERVIEWS

Alice Visperas (ILAB)

- (A. Visperas, personal communication, January 13, 2021).

- Visperas, A. (2021, January 13). Personal communication [Personal interview].

124
TABLE OF CONTENTS

Aligning Lenses Toward Ethical Recruitment

This research was funded in full by a grant from the United States Department of State. The opinions, findings and
conclusions stated herein are those of the author[s] and do not necessarily reflect those of the United States
Department of State