Amendment to R.A. No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995)

April 10, 2007

REPUBLIC ACT NO. 9422

AN ACT TO STRENGTHEN THE REGULATORY FUNCTIONS OF THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION (POEA), AMENDING FOR THIS PURPOSE, REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE "MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995"

SECTION 1. Section 23, paragraph (b.1) of Republic Act No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995" is hereby amended to read as follows. ScCIaA

"(b.1) Philippine Overseas Employment Administration. The Administration shall regulate private sector participation in the recruitment and overseas placement of workers by setting up a licensing and registration system. It shall also formulate and implement, in coordination with appropriate entities concerned, when necessary a system for promoting and monitoring the overseas employment of Filipino workers taking into consideration their welfare and domestic manpower requirements.

"In addition to its power and functions, the administration shall inform migrant workers not only of their rights as workers but also of their rights as human beings, instruct and guide the workers how to assert their rights and provide the available mechanism to redress violation of their rights.

"In the recruitment and placement of workers to service the requirements for trained and competent Filipino workers of foreign governments and their instrumentalities, and such other employers as public interests may require, the administration shall deploy only to countries where the Philippines has concluded bilateral labor agreements or arrangements. Provided, that such countries shall guarantee to protect the rights of Filipino migrant workers; and Provided further, That such countries shall observe and/or comply with the international laws and standards for migrant workers."

SECTION 2. Section 29 of the same law is hereby repealed.

SECTION 3. Section 30 of the same law is also hereby repealed.

SECTION 4. All laws, orders, issuances, rules or regulations or parts thereof inconsistent with the provision of this Act are hereby repealed amended or modified accordingly.

SECTION 5. If, for any reason, any portion or provision of this Act is declared unconstitutional or invalid, the other portions or provisions hereof shall not be affected thereby.

SECTION 6. This Act shall take effect fifteen (15) days after its publication in at least two newspapers of general circulation.

Approved: April 10, 2007

Published in The Manila Times on April of 2007.