MATRIX OF MIGRANTE SECTORAL PARTY POSITIONS
ON SPECIFIC HOUSE BILLS OF THE THIRTEENTH CONGRESS

House Bill Number
(4) HB 3572

Bill Title
An Act Setting Higher Standards of Protection of Migrant Workers and Their Families, Amending For Such Purpose Republic Act 8042 Otherwise Entitled An Act to Institute 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

Author
Rep. Arthur Pingoy Jr.

MIGRANTE position
The MIGRANTE Sectoral Party supports - with the intent of signifying particular --additions for -- House Bill 3572.

We suggest that additional sentences be added to Section 1 of HB 3572 that shall state:

SECTION 1. Section 4 of Republic Act 8042 is hereby amended and shall now be read as follows:

SECTION 4. Deployment of Migrant Workers - The State shall deploy overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. AS A SIGNATORY TO THE INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES, THE GOVERNMENT SHOULD ADHERE TO AND IMPLEMENT MEASURES, WITH REGARD TO DEPLOYMENT OF MIGRANT WORKERS, AS ENSHRINED IN THE SAID CONVENTION. THE STATE SHALL CONSTANTLY PROTECT AND PROMOTE THE WELFARE OF FILIPINOS DEPLOYED TO ANY AND ALL WORKSITES ABROAD. The government recognizes any of the following as guarantee on the part of the receiving country for the protection and the rights of overseas Filipino workers:
(a) It has existing labor and social laws protecting the rights of migrant workers;
(b) It is a signatory to multilateral conventions, declaration or resolutions relating to the protection of migrant workers;
(c) It has concluded a bilateral agreement or arrangement with the government protecting the rights of overseas Filipino workers; and
(d) It is taking positive, concrete measures to protect the rights of migrant workers.

Migrante believes that the Philippine government, instead of doing market studies and labor export quota hunting, must also lobby governments of receiving countries to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families so that the State shall act according to what is put forward in the law and in the international convention.

For example, the current administration has at the very least violated the existing Section 4 of RA 8042 with regard to deployment of workers.

The current administration has deployed, or continues to deploy workers to countries such as war-torn Iraq, Jordan, Lebanon, Saudi Arabia and the United Arab Emirates (UAE), to mention a few. These countries do not have any law, measure, bilateral agreement or arrangement and have not taken any concrete steps to protect the rights of migrant workers. Also, these countries, like all labor-receiving nations, have not signed a multilateral convention, declaration or resolution relating to the protection of migrant workers.

Migrante also suggests that Section 2 of HB 3572 that proposes a P100,000.00 performance bond is not appropriate in the view of migrant workers.

In the current Rules and Regulations of the Philippine Overseas Employment Administration (POEA), recruitment agencies are made to deposit P1 million as an escrow bond and P100,000 surety bond. But these amounts are not enough to pay claims of OFWs who were duped by licensed recruitment agencies who overcharge OFW applicants. Even if we add a P100,000 performance bond, this would not be enough and recruitment agencies would again hike their already astronomical placement fees levied on OFWs.

But we support the proposed amendments that reduce the time of implementing agreements on money claims from four (4) months down one (1) month and getting the higher (instead of less) amount of remuneration from illegal termination cases.

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