HOUSE OF REPRESENTATIVES

Republic of the Philippines
HOUSE OF REPRESENTATIVE!
Quezon City

RECEIVED

SEVENTEENTH CONGRESS

FIRST REGULAR SESSION

REGISTRATION UNIT
House Bill No.__543 fF pyr ann aioex seevicd

Introduced by REPRESENTATIVE ROSE MARIE ‘BABY’ J. ARENAS

EXPLANATORY NOTE

It has been said that one can find a Filipino in practically any part of the
world. The Commission on Filipinos Overseas reports that as of December
2013, there were 10,238,614 Filipinos overseas, almost half of which or about
4,207,018 were temporary workers. While the United States remains the top
destination for permanent residency, the same data reports that one Filipino is
a permanent resident in the Falkland Islands, and also one in Cameroon in
Africa. And while Saudi Arabia remains to be the traditional destination for
temporary workers, there were 39 Filipinos working in Kyrgyzstan, and 43
Filipinos in the Isle of Man, a little known self-governing dependency of the
United Kingdom, which can be found in the Irish Sea somewhere between
Great Britain and Ireland. Even at a time when the government bans the
deployment of workers to certain countries like Iraq, Afghanistan, and Syria,
the record shows that still, Filipinos went there to work. North Korea,
infamous for threatening the world with its nuclear power, was the
employment destination of 7 Filipinos in 2013.

Such is the Filipino diaspora that, especially in the last 30 years,
remittances from overseas Filipinos had steadily grown and consistently
bolstered the economy especially in times of economic crises. Preliminary data
from the Bangko Sentral ng Pilipinas show that from January to December
2015, total remittances stood at US$25.77 billion or PhP1.160 trillion. These
remittances are pumped into the economy through the increased spending of
the families of the migrant workers. The absence of this spending would lead
to the contraction of the economy.

Overseas remittances have been steadily increasing over the years and
is expected to increase even more. This is not surprising considering that,
according to the Philippine Overseas Employment Administration (POEA),
about 3,000 Filipinos leave daily for employment abroad.


Despite the significant contributions of our overseas Filipino workers
over the years, there is no single agency in the government which attends to
their needs. Events like the floods in Australia and the earthquake in New
Zealand, the uprisings in Egypt, Libya, and Syria; the massive earthquake and
destructive tsunami in Japan; and such cases of war, epidemics, natural and
man-made disasters or calamities; and similar events in their host countries
highlights the need to enhance our capability in servicing migrant Filipino
workers. It is during emergencies, that our people are very vulnerable due to
the lack of manpower and resources to address their immediate concerns.

Assistance to and repatriation of our OFWs affected by political and
economic security, threat and emergency in their host countries most often
comes late. Our OFWs were reported to have complained that they hardly felt
any government assistance in times of crises.

It is about time therefore for government to realign its resources so
that we can be responsive to the needs of our OFWs. Let us create an agency
which can take full charge in their deployment or repatriation, when the need
arises. There should be one which will be made accountable to the OFWs and
their families.

If there is even just one Filipino who wants to leave any country
because he does not feel safe there anymore, then it is the moral duty of the
government to bring him to safety. It is not enough that we call them our
“Bagong Bayani”; it is about time that we convert this label into action. Let us
create the Department of Overseas Workers, now!

x

E ‘BABY’ J. ARENAS


Nour wne

Cy

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS
FIRST REGULAR SESSION

House Bill No. 543

Introduced by REPRESENTATIVE ROSE MARIE ‘BABY’ J. ARENAS

AN ACT
CREATING THE DEPARTMENT OF OVERSEAS WORKERS,
RATIONALIZING THE ORGANIZATION AND FUNCTIONS OF
GOVERNMENT AGENCIES RELATED TO OVERSEAS EMPLOYMENT,
AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives in
Congress assembled:

CHAPTER I
GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the “Department
of Overseas Workers Act”.

Sec. 2. Declaration of Policies. -

(a) In the pursuit of an independent foreign policy and while
considering national sovereignty, territorial integrity, national
interest and the right to self-determination paramount in its
relations with other states, the State shall, at all times, uphold the
dignity of its citizens whether in the country or overseas, in general,
and Filipino migrant workers, in particular, continuously monitor
international conventions, adopt/be signatory to and ratify those
that guarantee protection to our migrant workers, and endeavor to

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enter into bilateral agreements with countries hosting overseas
Filipino workers.

(b) 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. Towards this end,
the State shall provide adequate and timely social, economic and
legal services to Filipino migrant workers.

(c) While recognizing the significant contribution of Filipino
migrant workers to the national economy through their foreign
exchange remittances, the State does not promote overseas
employment as a means to sustain economic growth and achieve
national development. The existence of the overseas employment
program rests solely on the assurance that the dignity and
fundamental human rights and freedoms of the Filipino citizens shall
not, at any time, be compromised or violated. The State, therefore,
shall continuously create local employment opportunities and
promote the equitable distribution of wealth and the benefits of
development.

(d) The State affirms the fundamental equality before the law
of women and men and the significant role of women in nation
building. Recognizing the contribution of overseas migrant women
workers and their particular vulnerabilities, the State shall apply
gender sensitive criteria in the formulation and implementation of
policies and programs affecting migrant workers and the
composition of bodies tasked for the welfare of migrant workers.

(e) Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by
reason of poverty. In this regard, it is imperative that an effective
mechanism be instituted to ensure that the rights and interest of
distressed overseas Filipinos, in general, and Filipino migrant

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workers in particular, whether or not with the required
documentation, are adequately protected and safeguarded.

(f) The right of Filipino migrant workers and of all overseas
Filipinos to participate in the democratic decision-making processes
of the State and to be represented in institutions relevant to
overseas employment is recognized and guaranteed.

(g) The State recognizes that the most effective tool for
empowerment is the possession of skills by migrant workers. The
government shall expand skills development and enhancement
programs of the concerned agencies and shall facilitate access of
overseas Filipino workers to these programs through scholarships
and/or training subsidies/grants. Pursuant to this and as soon as
practicable, the government shall deploy and/or allow the
deployment only of skilled Filipino workers.

(h) The State recognizes that non-governmental
organizations, trade unions, workers associations, and other similar
duly accredited entities, are partners of the State in the protection
of Filipino migrant workers and in the promotion of their welfare.
The State shall cooperate with them in a spirit of trust and mutual
respect. The significant contribution of recruitment and manning
agencies shall form part of this partnership.

Sec. 3. Definition of Terms. — The following terms, as used in
this Act, shall mean:

a) “Act” refers to the "Department of Overseas Workers Act”;

b) “Authority” refers to a document issued by the Secretary
authorizing the officers, personnel, agents, or representatives of a
licensed recruitment/manning agency to conduct recruitment and
placement activities as a private recruitment entity;

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c) “Bonafide Non-Government Organizations (NGOs)” refers to
non-government or civil society or faith-based organizations duly
recognized by the Philippine Embassy as active partners of the
Philippine Government in the protection of Filipino migrant workers
and the promotion of their welfare;

d) “Contracted Workers” refers to Filipino workers with
employment contracts already approved by the Department for
overseas deployment;

e) “Direct Hires” refers to workers directly hired by employers
for overseas employment as authorized by the Secretary of Labor
and Employment and processed by the Department, including:

1. Those hired by international organizations;
2. Those hired members of the diplomatic corps; and

3. Name hires or workers who are able to secure
overseas employment opportunity with an employer
without the assistance or participation of any agency;

f) “Employment Contract” refers to the following:

1. For land-based workers hired by private
recruitment/employment agencies - a _ written
agreement between the foreign principal/employer and
the worker based on the master employment contract
approved by the Department; and

2. For seafarers - a written standard Department-
approved employment contract stipulating a specific
period of employment and formulated through tripartite
consultation, individually adopted and agreed upon by
the principal/employer and the seafarer;

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g) “Service Contractor” refers to any person, partnership or
corporation, as defined under the Corporation Code, duly
licensed as a private recruitment agency by the Secretary to
recruit workers for its accredited projects or contracts

overseas;

h) “Gender Sensitivity” is the recognition of the inequalities
and inequities prevalent in society between women and men
and a commitment to address these concerns;

i) “Head” or “Manage” refers to any of the following acts:

1. Control and supervise the operations of a
recruitment/manning agency or branch thereof of which
they are employed; or

2. Exercise the authority to hire or fire employees and
lay down and execute management policies of a
recruitment/manning agency or branch thereof;

j) “Joint and Several Liability” refers to the liability of the
foreign principal/employer and the recruitment/manning
agency, for any and all claims arising out of the
implementation of the employment contract involving Filipino
workers for overseas deployment. If the recruitment/manning
agency is a juridical entity, the corporate officers and
directors and partners, as the case may be, shall themselves
be jointly and severally liable with the corporation or
partnership for the aforesaid claims and damages;

k) “Irregular/Undocumented Filipino Migrant Workers” refers
to the following:

(1) Those who acquired their passports through fraud or
misrepresentation;

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(2) Those who possess expired visas or permits to stay;
(3) Those who have no travel document whatsoever;
(4) Those who have valid but inappropriate visas; or

(5) Those whose employment contracts were not
processed by the Department or subsequently verified
and registered on-site by the Philippine Overseas Labor
Offices (POLOs), if required by law or regulation;

m) “License” refers to the document issued by the Secretary
authorizing a person, partnership or corporation to operate a
private recruitment/manning agency;

n) “Manning Agency” refers to any person, partnership or
corporation duly licensed by the Secretary to engage in the
recruitment and placement of seafarers for ships plying
international waters and for related maritime activities;

0) “Won-licensee” refers to any person, partnership or
corporation engaged in the recruitment and placement of
overseas Filipino workers without a license, or whose license
has been revoked, cancelled, terminated, has expired or
otherwise delisted from the roll of licensed
recruitment/manning agencies registered with the
Department;

Pp) “Overseas Filipinos” refers to migrant workers, other
Filipino nationals and their dependents abroad;

q) “Overseas Filipino in Distress” refers to an Overseas Filipino
who has a medical, psycho-social or legal assistance problem
requiring treatment, hospitalization, counseling, legal

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representation, or any other kind of intervention with the
authorities in the country where he or she is found;

r) “Overseas Filipino Worker” or “Migrant Worker” refers to a
person who is to be engaged, is engaged, or has been
engaged in a remunerated activity in a state of which he or
she is not a citizen, or on board a vessel navigating the
foreign seas other than a government ship used for military or
non-commercial purposes, or on an_ installation located
offshore or on the high seas. A "person to be engaged in a
remunerated activity" refers to an applicant worker who has
been promised or assured employment overseas;

s) “Placement Fees” refers to any and all amounts charged by
a private recruitment/manning agency from a worker for its
recruitment and placement services as prescribed by the
Secretary;

t) “Principal” refers to a foreign employer or placement
agency hiring or engaging Filipino workers for overseas
employment through a licensed private recruitment/manning
agency;

u) “Private Recruitment/Employment Agency” refers to any
person, partnership or corporation duly licensed by the
Secretary to engage in the recruitment and placement of
workers for overseas employment for a fee which is charged,
directly or indirectly, from the workers who renewed their
employment contracts with the same principal;

v) “Rehires” refers to land-based workers who renewed their
employment contracts with the same principal;

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1 w) “Regular/Documented Filipino Overseas Migrant Workers”

2 refers to the following:

3 (1) Those who possess valid passports and appropriate
4 visas or permits to stay and work in the receiving
5 country; and

6 (2) Those whose contracts of employment have been
7 processed by the Department, or subsequently verified
8 and registered on-site by the POLO, if required by law
9 or regulation;

10 x) “Seafarer” refers to any person who is employed or
11 engaged in overseas employment in any capacity on board a
12 ship other than a government ship used for military or non-
13 commercial purposes. The definition shall include fisherfolk,
14 cruise ship personnel, and those serving on mobile offshore
15 and drilling units in the high seas;

16 y) “Secretary” refers to the Secretary of the Department of
17 Overseas Workers;

18 2) “Skilled Filipino Workers” refers to those who have obtained
19 an academic degree, qualification, or experience, or those
20 who are in possession of an appropriate level of competence,
21 training and certification, for the job they are applying, as
22 certified to by the appropriate government agency; and

23 aa) “Underaged Migrant Workers” refers to those who are
24 below 18 years or below the mi jum age requirement for
23 overseas employment as determined by the Secretary.

26 Sec. 4. Department of Overseas Workers. - To implement the

N

7 above declared policies, there is hereby created the Department of
28 Overseas Workers, hereinafter referred to as the Department, which shall

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prepare, integrate, coordinate, supervise, and control all plans, programs,
projects, and activities of the Government relative to overseas
employment.

Sec. 5. Powers and Functions. - The Department shall be the lead
government agency responsible for the formulation and implementation of
policies and programs for the overseas employment of Filipino workers. In
coordination with appropriate entities, it shall formulate and undertake a
systematic program for promoting and monitoring the overseas
employment of Filipino workers, including seafarers, taking into
consideration domestic manpower requirements and the need to protect
their rights to fair and equitable employment practices. It shall have
original and exclusive jurisdiction over all cases involving employer-
employee relations, documented or undocumented/irregular workers,
arising out of or by virtue of any law or contract involving Filipino workers
for overseas employment.

CHAPTER II
THE DEPARTMENT PROPER

Sec. 6. Composition. - The Department Proper shall be composed of
the Office of the Secretary and the Offices of the Undersecretaries and
Assistant Secretaries, and divisions of the Department. The Secretary,
Undersecretaries, and Assistant Secretaries shall be appointed by the
President.

Sec. 7. Office of the Secretary. - The Office of the Secretary shall
consist of the Secretary and his immediate staff.

The Secretary shall have the following powers and functions:

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(1) Establish the policies and standards for the operation of the
Department pursuant to the approved programs of government;

(2) Promulgate rules and regulations necessary to carry out
department objectives, policies, functions, plans, programs and
projects;

(3) Promulgate administrative issuances necessary for the efficient
administration of the offices under the Secretary and for proper
execution of the laws relative thereto. These issuances shall not
prescribe penalties for their violation, except when expressly
authorized by law;

(4) Exercise disciplinary powers over officers and employees in
accordance with law, including the conduct of investigations or
designation of a committee or officer to conduct such investigation;

(5) Appoint all officers and employees of the Department except
those whose appointments are vested in the President or in some
other appointing authority; Provided however, That where the
Department is regionalized on a department-wide basis, the
Secretary shall appoint employees to positions in the second level in
the regional offices as defined in the Administrative Code of 1987;

(6) Exercise jurisdiction over all bureaus, offices, agencies and
corporations under the Department as are provided by law, and in
accordance with the applicable relationships as specified in Chapters
7, 8, and 9 of the Administrative Code of 1987;

(7) Delegate authority to officers and employees under the
Secretary's direction in accordance with this Act; and

(8) Perform such other functions as may be provided by law.

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Sec. 8. The Undersecretaries. - The Secretary shall be assisted by
four (4) Undersecretaries, one each for the International Labor Affairs

Office, the Funds and Investment Management Office, the Licensing and
Regulation Office, and for the Employment and Welfare Office.

A. The general functions of the Undersecretaries are as follows:

1)

2)

3)

4)

5)

6)

Advise and assist the Secretary in the formulation and
implementation of department objectives and policies;
Oversee all the operational activities of the department
for which he shall be responsible to the Secretary;
Coordinate the programs and projects of the
department and be responsible for its economical,
efficient and effective administration;

Serve as deputy to the Secretary in all matters relating
to the operations of the department;

Temporarily discharge the duties of the Secretary in the
latter's absence or inability to discharge his duties for
any cause, or in case of vacancy of the said office,
unless otherwise provided by law. Where there are
more than one undersecretary, the Secretary shall
allocate the foregoing powers and duties among them.
The President shall likewise make the temporary
designation of Acting Secretary from among them; and
Perform such other functions and duties as may be
provided by law.

B. Specific Functions

1. Undersecretary for International Labor Affairs Office shall
advise the Secretary on the various international labor agreements
to which the government is a party and monitor our compliance
therewith. He/she shall exercise technical supervision over the

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POLOs, ensuring that programs and projects of the labor offices in
the different parts of the globe are consistent with international
labor and department policies. Moreover, where there are a number
of OFW- and labor-related concerns, Filipino Workers Resource
Centers (FWRCs) shall be established and the operations of which
shall be supervised by POLOs.

The International Labor Affairs Office shall have the following
divisions: Asian Affairs Division, American and Pacific Affairs
Division, European Affairs Division, and the Middle Eastern and
African Affairs Division.

2. Undersecretary for Funds and Investment Management
Office shall provide the services for the efficient and effective
management of the Overseas Workers Trust Fund created in Section
12, including the maintenance of computer-based financial data
management system pertaining to collection, fund transfer,
investment and assets management. It shall consolidate all
Department collections and contributions, and ensure an efficient
collection and reporting system. The Undersecretary shall head the
Board which is created in Section 13 and shall also be tasked to
formulate a medium and annual term investment plan for the Trust
Fund, for approval of the Board.

3. Undersecretary for Licensing and Regulation shall have the
following powers and function:

a. Process applications for license or authority to operate

recruitment or manning entities, and recommend to the
Secretary appropriate action thereon;

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. Recommend to the Secretary appropriate actions for

violations of the conditions of license or authority including
the suspension or cancellation or revocation thereof;

. Monitor the status of cash and surety bonds and require

the replenishment or renewal thereof;

. Maintain an updated list of licensed or authorized

employment agencies for the guidance of the public;

. Prepare and implement an inspection program for the

effective supervision and evaluation of the activities of
private employment or manning agencies;

Prepare and implement an inspection program for the
eradication of illegal recruitment activities and provide
support services to the inter-agency council on illegal
recruitment in its campaign against illegal recruitment;

. Prepare and implement programs for the evaluation of

employment agencies and manning companies in
pursuance of the regulatory functions of the office and in
aid of policy formulation;

. Formulate and implement programs for standardization of

allowable fees to be charged by private employment
entities, medical clinics and testing centers;

Review and evaluate requirements for issuance of license
and authorities;

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j. Review and evaluate service or employment and shipping
agencies, specifying therein the minimum terms and
conditions of employment of overseas Filipino workers;

k. Formulate and implement programs for the effective
monitoring of foreign exchange remittances of overseas

contract workers.

4, Undersecretary for Employment and Welfare shall

implement and deliver programs and services through regional and
on-site operations. It shall supervise the operations of the following:

a. Regional Operations Coordination Service - Supervises and
provides technical and administrative support to Regional
Welfare Offices (RWOs).

1. Regional Welfare Offices (RWOs)

a. Administrative and Finance Unit - provides
administrative support services to the RWO and
maintains a sound and adequate regional branch
accounting system.

b. Program Services Division - administers and
implements efficient delivery of programs and
services in the regions.

2. Overseas Operations Coordination Services - Supervises
and provides administrative and technical support to
Overseas Welfare Offices (OWO). It shall provide technical
assistance to the Overseas Office Operations.

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a. Overseas Welfare Office - Implements programs
and services to member-OFWs.

Sec. 9. Assistant Secretaries. - The Secretary shall also be assisted
by three (3) Assistant Secretaries, one (1) for Management Services, one
(1) for Policy and International Affairs, one (1) for Regional Operations
and Licensing.

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A. The general functions of the Assistant Secretaries are as follows:

1. Advise and assist the Secretary and/or Undersecretaries in
the formulation, determination and implementation of laws,
policies, plans, programs and projects on overseas labor and
employment;

2. Oversee the day-to-day administration of the constituent units
of the Department;

3. Perform the duties of the Undersecretaries during their
absence or in case of vacancy of such position in the
Department upon designation by the Secretary; and

4. Perform such other functions as may be provided by law or
assigned by the Secretary and/or Undersecretaries from time
to time.

B. Specific Functions

1. Assistant Secretary for Management Services shall have

the following functions:

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a. Advises and assists the Secretary and the
Undersecretaries in the formulation and
implementation of the Department's policies, plans,
progress and projects as they relate to general
management, information and publication,
personnel, finance and other support services under
the Department Proper.

b. Supervises the operational activities of the following
offices:

1. Administrative Service

2. Financial and Management Service

3. Human Resource Development Service
4. Information and publication Service

c. Performs such other functions as may be provided by
law or assigned by the Secretary and/or
Undersecretaries from time to time.

2. Assistant Secretary for Policy and International Affairs shall
have the following functions:

a. Advises and assists the Secretary and the
Undersecretaries in the formulation of the
Department's over-all long-range and short-term
plans and programs on overseas employment, with
special focus on the government’s compliance with
international labor agreements;

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b. Reviews and evaluates the progress/status of
projects and accomplishments in relation to set
standards, objectives and schedules;

c. Supervises the operational activities of the
International Labor Affairs Service and Planning
Service; and

d. Perform such other functions as may be provided by
law or assigned by the Secretary and/or
Undersecretaries from time to time.

3. Assistant Secretary for Regional Operations shall have the
following functions;

a. Advises and assists the Secretary and the
Undersecretaries in the formulation and
implementation of the Department's objectives and
policies at the regional level;

b. Supervises the administration and operations of the
regional offices;

c. Promotes coordination of efforts between and among
the regional offices and the regional branches of
attached agencies to insure efficient, effective and
economical implementation of the Department’s
policies, plans, programs and projects at the regional
level;

d. Monitors and assesses developments in the regions
with a view to providing the divisions and other

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offices in the Department, necessary information for
policy and program formulation and implementation;

e. Advises and assists the Secretary and the
Undersecretaries in the resolution of appealed labor
standards cases; and

f. Performs such other functions as may be provided by
law or assigned by the Secretary and/or
Undersecretaries from time to time.

Sec. 10. Office of the Legal Adviser. - The Office of the Legal
Adviser shall be headed by a Legal Adviser, who shall be a career officer
and shall be reporting directly to the Secretary. However, the Legal
Adviser may be appointed by the President upon the recommendation of
the Secretary, from outside the career service. His term shall be co-
terminus with the tenure of the Secretary, unless sooner terminated. The
Legal Adviser shall provide legal advise and services to the Department.

It shall provide legal service for the Department’s internal and
external requirements, including but not limited to, the drafting of
legislative proposal and provision of opinion on bills, and rules and
regulations affecting the Departments and its operations.

The Office of the Legal Adviser shall have a staff complement of
personnel with the necessary competency and skills requirement.

Sec. 11. Offices and Divisions. - Subject to the power of the
Secretary with the approval of the President, to reorganize, restructure,
and redefine the functions of the offices and divisions for the effective
discharge of the powers and functions of the Department under this Act,
the Department shall have the following offices and divisions:

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The divisions and offices shall have the following powers and

function:

A. Internal Audit Division - Reviews and evaluates the
soundness, adequacy and application of accounting, financial and
other management procedures and promotes an effective control
system at reasonable costs.

B. Membership Processing Center - Provides and implements
policy guidelines on membership and contribution of OFWs.

C. Procurement and Property Management - Manages the
procurement, storage and issuance of supplies, materials and
equipments as well as the disposal of obsolete and excess materials
and supplies.

D. Human Resources Management and Development Division
- Manages and administers a comprehensive personnel program
pertaining to recruitment, placement, career and employee
development, and other personnel services and actions.

E. Engineering and General Services Division - Formulates and
implements a building and equipment maintenance program.

F. Records Management Division - Develops and maintains a
system of retrieval, maintenance, safekeeping, authentication and

disposal of documents and records.

G. Budget Division - Manages the budgetary system and
monitors fund utilization and provides annual budget guidelines.

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H. Accounting Division - Implements systems and procedures
for appropriate accounting and financial transactions including the
management of sub-systems in the regional and overseas operating
units. It shall ensure compliance with New Government Accounting
System (NGAS).

I. Cash Division - Implements systems and procedures on
collection and disbursement.

J. Repatriation and Assistance Division - Facilitates family
inquiries regarding cases and circumstances of their OFW-relatives,
documented or irregular/undocumented Filipino overseas workers.
It shall maintain a case management and documentation system,
and manage the repatriation program to include airport assistance
and provision of counseling services, medical and rehabilitation
assistance to OFWs.

K. Program Services Divisions - Administers and implements
efficient delivery of programs and services for the OFWs in the
region.

L. Advocacy and Social Marketing Division - Establishes and
maintains public information counters, website and hotlines. It shall
cause the mounting of membership campaigns and development of
information materials, press releases and mass media packages
designed to manage public perception of the Department.

M. Grievance and Adjudication Division shall have the
following powers and function:

1. Provides legal assistance to OFWs;
2. Provides mandatory conciliation of complaints;

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3. Performs legal research and docketing of cases;

4. Hears and arbitrates complaints and cases filed against
recruitment and manning agencies, foreign principals
and employers through their agents, and OFWs for
reported violation of Department Rules and Regulation;
and

5. Enforce all writs.

N. National Reintegration Center for OFWs Division —- The
NRCO shall undertake the following:

1. Develop support programs and projects for livelihood,
entrepreneurship, savings, investment and financial
literacy for returning Filipino overseas migrant workers
and their families, in coordination with relevant

stakeholders, service providers and__ international
organizations;

2. Coordinate with appropriate stakeholders, service
providers and relevant international organizations for
the promotion, development and the full utilization of
the skills and potentials of returning overseas Fili

workers;

3. Institute, in cooperation with other government
agencies concerned, a computer-based information
system on returning Filipino overseas migrant workers
which shall be accessible to all local recruitment
agencies and employers, both public and private;

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COVYOnR WN He

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oO.
function:

. Provide a periodic study and assessment of job

opportunities for returning Filipino overseas migrant

worker;

. Develop and implement other appropriate programs to

promote the welfare of returning Filipino overseas
migrant workers;

. Maintain an internet-based communication system for

on-line registration of returning OFWs and interaction
with clients, and maintain and upgrade computer-based
service capabilities of the NRCO;

. Develop capacity-building programs for returning

overseas Filipino workers and _ their families,
implementers, service providers and stakeholders;

. Conduct research for policy recommendations and

program development; and

. Undertake other programs and activities as may be

determined by the Department.

Pre-Departure Division shall have the following powers and

uk wn

. Maintains a manpower registry of applicants for

overseas and seafaring employment.

. Accredits foreign employers and principals.

. Processes and documents employment contracts.
. Assists and validates documents at exit points.

. Undertakes global mapping and profiling of OFWs.

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6. Client servicing for government employers hiring
through government to government arrangements.
7. Issues Seafarers Identification Document.

P. International Relations Division - shall have the following
powers and functions:

1. Develops and monitors new markets and conducts
market research; and

2. Enters into a Memoranda of Understanding on the hiring
of Filipino workers with labor-receiving countries.

Q. Crisis Management Center - shall provide an under the
Office of the Secretary, shall operate on a 24-hour basis including
Saturdays, Sundays, and holidays. A counterpart 24-hour
Information and Assistance Center to ensure a continuous network
and coordinative mechanism shall be established at the DFA and the
DOLE/Department.

T. Administrative and Financial Management Office -
Supervises administrative and support services. It shall manage all
financial transactions and concerns of the Secretariat; formulate,
review and implement administrative and financial systems and
procedures.

1. General Administrative Service - Manages the
administrative systems and procedures relating to
human resource, property, procurement and
maintenance, records management and general

services.

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2. Financial Management Service - Formulates, reviews
and implements systems and procedures on budget,
accounting and cashiering.

CHAPTER III
THE OVERSEAS WORKERS TRUST FUND

Sec. 12. Overseas Workers Trust Fund. - There is hereby created
an Overseas Workers Trust Fund, hereinafter referred to as the Trust
Fund which shall be lodged in the Department. All fees and charges paid
by an overseas worker pursuant to an approved overseas employment
contract shall accrue to the Trust Fund.

The existing overseas fund lodged in the OWWA shall be transferred
to the Trust Fund herein created.

Sec. 13. Overseas Workers Trust Fund Board. — In order to manage
and administer the Trust Fund, an Overseas Workers Trust Fund Board is
hereby created. The Board shall be composed of the Undersecretary for
Funds and Investment Management who shall be designated as the
Chairperson, and six members to be appointed by the President of the
Philippines upon the recommendation of the Secretary. Four members
shall have distinguished themselves in the field of finance, economics,
law, or related disciplines either in public or private capacity for at least
10 years; Provided, That, at least two of the four shall be certified public
accountants. The fifth and sixth members shall come from the overseas
workers sector and shall be nominated by duly accredited OFW
organizations; Provided, That, the nominees shall have been an overseas
worker for at least three years. At least two members of the Board shall
be female.

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CHAPTER IV
TRANSITORY PROVISIONS.

Sec. 14. Transfer of Powers and Functions. - The powers and
functions of the OWWA and POEA and pertinent offices under the
Department of Labor and Employment (DOLE) and Department of Foreign
Affairs (DFA) are hereby transferred to the Department. The foregoing
transfer of powers and functions shall include all applicable funds,
personnel, records, property and equipment, as may be necessary. The
same shall apply to agencies which have been attached to the
Department by virtue of this Act.

Sec. 15. Transfer of Rights, Assets, and Liabilities. - The
Department shall, by virtue of this Act, be subrogated to all rights and
assume all the liabilities of OWWA and POEA and all other agencies or
government units whose functions and powers have been transferred to
the Department. All funds, including unexpended appropriations and/or
allocations, records, property, assets, and such personnel as necessary,
shall likewise be transferred to the Department. All contracts and
liabilities of said offices, agencies, and government units are hereby
transferred to and assumed by the Department and shall be acted upon in
accordance with the Auditing Code and other pertinent laws, rules, and
regulations; Provided, That the officers and employees of said offices,
agencies, and government units shall continue in a holdover capacity until
such time as the new offices and employees of the Department shall have
been duly appointed pursuant to the provisions of this Act.

Sec. 16. Structure and Staffing Pattern. - The organizational
framework and staffing pattern of the Department shall be prescribed and
approved by the Secretary within sixty (60) days after the approval of
this Act and authorized positions created therein shall be filled by regular

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appointments by the President or the Secretary, as the case may be:
Provided, that, in the filling of positions created, preference shall be given
to the personnel of the affected agencies.

Sec. 17. Separation From Service. - Employees separated from the
service as a result of this reorganization shall, within six (6) months from
their separation from the service, receive the retirement benefits to which
they may be entitled under existing laws, rules, and regulations.

CHAPTER V
APPROPRIATION

Sec. 18. Appropriations. - Such sums as may be necessary for the
implementation of this Act shall be taken from the current fiscal year
appropriations of the OWWA and POEA and pertinent offices of the DOLE
and DFA. Thereafter the amount needed for the operation and
maintenance of the Department shall be included in the annual General
Appropriations Act.

CHAPTER VI
MISCELLANEOUS PROVISIONS

Sec. 19. Disclosure and Divestment of Financial Interest. - Before
assumption of office, the Secretary, the Undersecretaries, and the
Assistant Secretaries shall submit to the Civil Service Commission a list of
all companies, partnership, or business enterprises, including nonprofit
organizations, in which he/she, or any immediate member of their
families within the second degree of consanguinity or affinity have any
form of financial interests or employment relationship, including
consultancy: Provided, however, That all other forms of employment
relationship held by the heads of the offices of the Department shall be
immediately terminated upon assumption of office.

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Within thirty (30) days thereafter, complete divestments of financial
interests in any institution, firm, or company which fall under the
supervisory or regulatory jurisdiction of the Department shall be made:
Provided, however, That in cases where confirmation of appointment by
the Commission on Appointments is required, the divestment mandated
herein shall be complied with within thirty (30) days after such
confirmation.

The divestment prescribed in the preceding paragraph shall likewise
apply to the member of the immediate family within the second degree of
consanguinity having interest in any institution or activity which falls
under the regulatory jurisdiction or supervision of the Department and its
attached agencies.

Sec. 20. Suppletory Clause. - The Labor Code of the Philippines, as
amended, shall have suppletory applicability.

Sec. 21. Repealing Clause. - All laws, presidential decrees,
executive orders, and rules and regulations, or parts thereof, inconsistent
with the provisions of this Act are hereby repealed or modified
accordingly.

Sec. 22. Separability Clause. - If, for any reason, any section or
provision of this Act is held unconstitutional or invalid, the other sections
or provisions hereof shall not be affected thereby.

Sec. 23. Effectivity Clause. - This Act shall take effect after its
complete publication in at least two (2) national newspapers of general
circulation.

Approved,

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