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Unilateral Approaches to Managing Movement and
Stay of Temporary Workers A Case Study of the
Philippines

• By Undersecretary DANILO P. CRUZ
• For the IOM-WB-WTO Trade and Migration Seminar
• World Meteorological Organisation, Geneva,
  Switzerland
• 4-5 October 2004

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(No Transcript)
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We have about 8M OFWs in more than 140 countries
these OFWs are major contributors to our
economic development and so we need to serve and
protect them, wherever they may be.
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• Government Regulation on Overseas Employment
• licensing system (Act 2486 of 1915)
• Department Orders
• minimum contract conditions
• dollar remittances for salaries earned abroad
• procedural rules and regulations

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Overseas employment

• has evolved as a function of market growth over
  the past many years
• from being a mere stop-gap measure to alleviate
  local unemployment and generate foreign exchange
  to ease the balance of payments into a global
  reality that is to be managed with utmost regard
  for the welfare and protection of workers
• basically shaped by the international demand for
  foreign workers

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Managing Overseas Migration
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• Both sending and receiving countries have
  significant mutual interests related to migration
• Any joint management effort must support the
  democratic value of free movement and acknowledge
  the increasing desire of overseas migrants to
  participate in the activities, while respecting
  the right and obligation of states to control
  their activities.

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• The increasing number of Filipinos overseas
  and the growing competition have pushed the
  Philippine Government to intensify its efforts in
  protecting them, for them to cope with
  difficulties on site and upon their return home.

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Agencies that Cater to OFWs Needs

• Philippine Overseas Employment Administration
  (POEA)
• Overseas Workers Welfare Administration (OWWA)

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• The best employment mechanism is to have a good
  welfare program for the OFWs and their families
  -- from their pre-departure up to their
  reintegration to the Philippine labour market or
  the economy as a whole.

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Worker applicants

• submit authenticated certificates of employment
• actual trade/skills testing
• rigid medical examinations
• attend a Pre-Departure Orientation Seminar

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HIRING PROCESS

• Hiring starts with the documentation of employers
  through accredited documents verified by labor
  officers and authenticated by embassy officials
• Once accredited, they can now recruit workers
• Manpower requests are also verified,
  authenticated and sent to the Philippine Overseas
  Employment Agency

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• Model employment contracts have been developed
  based on region/country and skills taking into
  consideration
• Filipino workers employment
• Host countrys peculiarities at the job site
• Labor regulations and prevailing practices of
  host country

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Full disclosure policy

• based on the premise that in a free and open
  society, information is the best weapon to
  protect workers and manage the tide of migrant
  workers.

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• Foreign employers accreditation is required to
  ascertain the existence of the principal/project
  and its manpower requirement.
• Labor Attaches and welfare officers respond to
  and monitor problems, complaints and queries of
  overseas workers and their families.

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• Doctors were deployed to assist our overseas
  labor offices in responding to the workers
  medical and psycho-social problems

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• Network of resource centers for improved program
  and service delivery relative to the protection
  and promotion of workers welfare and interests,
  and to assist them prepare plans re type of
  economic activity they can pursue upon their
  eventual return to the Philippines
• business counseling
• skills training programs

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Continuous Efforts at Forging or Upgrading
Arrangements with Host Countries

• Enable the country to attend effectively to
  workers complaints and problems, making workers
  less vulnerable during their stay abroad.
• Commonly feature the promotion of the protection
  and welfare of OFWs, observance of terms and
  conditions of the employment contracts, as well
  as provisions for further enhancement of
  agreements.

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• Marketing and welfare missions to host countries
• Provision of mandatory life and personal accident
  protection at no additional cost to the workers
  on a per contract basis
• OFW Flexi-Fund Program - as a retirement
  protection scheme

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• Intensified skills training activities and
  continuously develop training programs that
  correspond to the demands of the labour market
• For seafarers, skills upgrading is supported by
  the Coast Guard, Maritime Industry Authority,
  Commission of Higher Education and Technical
  Education and Skills Authority

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• Overseas performing artists (OPAs) are required
  to undergo training and testing and secure Artist
  Record Book (ARB) prior to their deployment to
  help upgrade the quality of entertainers going
  overseas and to help minimize trafficking of
  women.
• One-Stop Processing Center to simplify the
  documentation process

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• OFW E-Card is a permanent identification card for
  all OFWs
• proof of being a legal OFW and a member of OWWA
• Overseas Employment Certificate
• To avail travel tax exemptions
• Can act as an international ATM card

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Ensuring economic security of OFWs

• Counseling to OFWs and family
• Skills training
• Information on savings and investment options
• Business development and livelihood assistance
  such as market linkages, product development,
  technology transfer, skills and entrepreneurial
  trainings, consultancy, credit and micro-finance

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Family Circles

• the springboard for their empowerment, as there
  is always strength in numbers
• the bridge to facilitate faster repatriation of
  OFWs when the need arises
• the vehicle in providing psycho-social services
  to the Balik-Manggagawa for a smoother reunion
  with their respective families.

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• Interactive databases contains the list of job
  vacancies, recruitment agencies, etc
• POEA SMS Service
• inquiry about recruitment agencies, job vacancies
  and other information on POEA and overseas
  employment

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Reintegration Programs for Returning OFWs

• to maximize the gains of overseas employment by
  motivating and counselling them to plan for
  productive options

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• Kabayanihan or the Kabayan-Bayani-Bayanihan
  is an integration of the welfare and social
  program packages OFWs and their families

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• Mechanism with a built-in safety net minimizes,
  if not prevents, possible huge costs that may be
  incurred by OFWs and the government
• Integrated system and the regulatory systems in
  place ensure them that these workers are coming
  home after the duration of their contracts.

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Approaches to the labour migration management

• Enhancing the competitiveness of labour
• Empowering of labour
• Ensuring their welfare and protection

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Enhancing competitiveness

• Explore and develop more and better markets for
  overseas employment
• Ensure that the OFWs are qualitatively at par
  with, if not superior to, their foreign
  counterparts

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Empowering OFWs

• OFWs as agents of development
• Enabling tool to help act on their own choice

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Overseas employment

• empowered workers financially
• provided workers with enough earning potential
  that predisposes the government to encourage them
  to invest strategically in small and medium scale
  enterprises
• empowered workers professionally to enable them
  to acquire information and skills that the
  government is keen on harnessing under its
  reintegration program.

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Thank you
MABUHAY!!!