Professional Documents
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R.C. Gatoc Notes
R.C. Gatoc Notes
Liability of POEA Governing Board, as well as of Government The following documents, duly authorized by the Philippine foreign
Officials and Employees – shall suffer the penalties of removal or posts, shall be sufficient evidence to substantiate the claim:
dismissal from service with disqualification to hold appointive public
office for 5 years. 1. Death Certificate – In cases of natural/accidental death
2. Police/Accident Report – In cases of accidental death
Compulsory Insurance Coverage for Agency-Hired Migrant 3. Medical Certificate – In cases of permanent disablement
Workers – Such insurance policy shall be secured at no cost to the
worker and be effective for the duration of the migrant worker’s Permanent Total Disablement, as Contemplated in the
employment contract. Insurance Coverage –
If the migrant worker was made to shoulder the cost of insurance 1. Complete loss of sight of both eyes
premium, the license of the recruitment or manning agency be 2. Loss of 2 limbs at or above the ankles or wrist
cancelled, and all its directors, partners, proprietors, officers and 3. Permanent complete paralysis of 2 limbs
employees shall be perpetually disqualified from engaging in 4. Brain injury resulting to incurable imbecility or insanity
recruitment of overseas workers, without prejudice to any other
liabilities. Repatriation Cost in Case of Death of the Migrant Worker, as
Contemplated in the Insurance Coverage – In case of death of the
Qualification of Insurance Companies – migrant worker, the insurance provider shall arrange and pay for the
repatriation or return of the worker’s remains,
1. Duly registered with the Insurance Commission
2. In existence and operational for at least 5 years The insurance provider shall also render any assistance necessary in the
3. With a net worth of at least P500M to be determined by the transport including, but not limited to:
Insurance Commission
4. With a current certificate of authority
1. Locating a local and licensed funeral home, mortuary or of the recruitment agency. All costs attendant to repatriation shall be
direct disposition facility to prepared the body for transport borne by or charged to the agency concerned and/or its principal.
2. Completing all documentation
3. Obtaining legal clearances Repatriation of remains of the overseas worker, as well as the transport
4. Procuring consular services of the personal belongings of a deceased worker and all costs attendant
5. Providing death certificates thereto shall be borne by the principal and/or the recruitment agency.
6. Purchasing the minimally necessary casket or air transport
container However, in cases where the termination of employment is due solely
7. Transporting the remains, including its retrieval from site of to the fault of the worker, the principal/employer or agency will not be
death and delivery to the receiving funeral home responsible for the repatriation of the former and/or his belongings.
Rules in Relation to Money Claims Arising from Employer’s Emergency Repatriation – in case of war, epidemic, disasters or
Liability – calamities, natural or man-made, and other similar events, the OWWA,
in coordination with appropriate international agencies, shall undertake
1. After a decision has become final and executory or a the repatriation of workers. The cost of repatriation is subject to
settlement/compromise agreement has been reached reimbursement by the responsible principal or agency.
between the parties at the NLRC, an order shall be released
mandating the respondent recruitment/manning agency to If the principal or recruitment agency cannot be identified, all costs
pay the amount adjudged or agreed upon within 30 days attendant to repatriation shall be borne by the OWWA through its
2. The recruitment/manning agency shall then immediately file emergency repatriation fund.
a notice of claim with its insurance provider for the amount
of liability insured, attaching therewith a copy of the decision Repatriation od Underage Migrant Workers – Mandatory – if
or compromise agreement there are migrant workers whose actual age fall below 18 years old, the
3. Within 10 days from the filing of notice of claim, the responsible officers in the foreign service shall without delay repatriate
insurance company shall make payment to the said workers.
recruitment/manning agency the amount adjudged or
agreed upon, or the amount of liability insured, whichever is The license of the recruitment/manning agency which recruited or
lower. After receiving the insurance payment, the deployed the underaged migrant worker shall be automatically revoked
recruitment/manning agency shall immediately pay the and shall be meted out with a fine ranging from P 500,000 to P
migrant worker’s claim in full, taking into account that in 1,000.000.
case the amount of insurance coverage is insufficient to
satisfy the amount adjudged or agreed upon, it is liable to Furthermore, the recruitment or manning agency shall refund all the
pay its balance. fees incurred by the underage worker without need of notice. The
4. In case the insurance company fails to make payment within refund should be paid within 30 days from the date of the mandatory
10 days from the filing of the claim, the repatriation and is independent of indemnification of other damages
recruitment/manning agency shall pay the amount adjudged the underage worker has suffered.
or agreed upon within the remaining days of the 30-day
period, as provided in the first subparagraph of these rules Illegal Recruitment of Migrant Workers - any act of canvassing,
5. If the worker’s claim was not settled within the aforesaid 30- enlisting, contracting, transporting, utilizing, hiring or procuring
day period, the recruitment/manning agency’s performance workers and includes referring, contract services, promising or
bond or escrow deposit shall be forthwith garnished to advertising for employment abroad, whether for profit or not, when
satisfy the migrant worker’s claim. undertaken by a non-license or non-holder of authority contemplated
6. The provision of compulsory worker’s insurance shall not under Art 13 (F) of Presidential Decree No. 442, as amended otherwise
affect the joint and solidary liability of the foreign employer known as the Labor Code of the Philippines: Provided, That any such
and the recruitment/manning agency under Sec. 10 of RA non-licensee or non-holder who, in any manner, offers or promises for
8042 a fee employment abroad to two or more persons shall be deemed so
7. Lawyers for the insurance companies, unless the latter is engaged. (sec. 6, RA 8042).
impleaded, shall be prohibited to appear before the NLRC
in money claims cases under this section