DAMMAM: A new law that imposes a ban on the deployment of overseas Filipino workers (OFWs) in countries that do not guarantee the protection of the rights of migrant workers will take effect Nov. 11. According to the new law, only countries certified by the Philippine diplomatic mission as guaranteeing such rights will be allowed to recruit Filipino workers. In the case of Saudi Arabia, the Philippine Embassy in Riyadh is yet to issue the certification to the Philippine Overseas Employment Administration (POEA) in Manila that the Kingdom guarantees the protection of the rights of the estimated 1.5 million OFWs deployed in this country. Sources at the Philippine Embassy in Riyadh said the issue of the certification is still being discussed.This new mandate on the deployment of Filipino workers is part of the provisions of the newly passed law, Republic Act 10011, which further improves the protection of OFWs, the amended Republic Act 8042, and the Migrant Workers Act 15. Under Republic Act 8042, as amended by Republic Act 10011, the deployment of OFWs shall be allowed only in countries where rights of Filipino migrant workers are protected. In the implementation of this new law, the Manila government recognizes any of the following three requirements as a guarantee of the protection of the rights of overseas Filipino workers: The receiving country has existing labor and social laws protecting the rights of workers, including migrant workers. The country is a signatory to and has ratified multilateral conventions, declarations or resolutions related to the protection of workers, including migrant workers. And that the receiving country has concluded a bilateral agreement or arrangement with the Philippine government on the protection of the rights of overseas Filipino Workers.The receiving country should also guarantee that it is taking positive, concrete measures to protect the rights of migrant workers in furtherance of any of the three requirements. According to the law, “in the absence of a clear showing that any of the aforementioned guarantees exist in the country of destination of the migrant workers, no permit for deployment shall be issued by the POEA.” The Philippine Association of Service Exporters, Inc. (PASEI), the umbrella organization of all recruiting agencies in Manila, is exploring the possibility of filing a legal option stopping the implementation of the new law. An official of PASEI told Saudi Gazette any ban imposed in any receiving country would result in more illegal activities on the part of overseas employment agencies and workers seeking overseas employment. People will find the means to circumvent the law, he said. Of the more than 195 countries of destination for Filipino migrant workers, only 16 foreign posts have forwarded certifications to the Philippine Department of Foreign Affairs, according to PASEI.
