Law Summary: IRR of RA 11641

The Implementing Rules and Regulations (IRR) of Republic Act No. 11641, also known as the Department of Migrant Workers Act, outline the framework for the establishment and operationalization of the Department of Migrant Workers (DMW). The IRR aims to ensure the smooth and orderly transfer of agencies and functions to the new department, as mandated by the Act. This includes the creation of a staffing pattern, the formulation of necessary rules and regulations, and the provision of guidelines for the department's operations.

The IRR emphasizes the State's duty to protect the rights and promote the welfare of Overseas Filipino Workers (OFWs) and their families. This includes ensuring that private recruitment meets professional, legal, and ethical standards, providing timely and responsive services, and promoting the participation of OFWs in policy formulation. Additionally, the IRR aims to align programs and policies with international conventions and treaties on migration, while also focusing on strengthening the domestic labor market for the effective reintegration of OFWs.

The IRR establishes the organizational structure of the DMW, which includes the Office of the Secretary, various Undersecretaries, Assistant Secretaries, and regional offices. The Secretary is granted the authority to supervise and control the department's operations, issue orders, and evaluate policies and programs. The IRR also outlines the roles and responsibilities of the Undersecretaries, Assistant Secretaries, and regional directors, ensuring that the department operates efficiently and effectively.

The IRR also addresses the transition period, which is set to be completed within two years from the effectivity of the Act. During this period, the Transition Committee is tasked with formulating the necessary rules and regulations, creating a staffing pattern, and submitting the department's budget for the fiscal year. The IRR also includes provisions for the coordination with the Bangsamoro Ministry of Labor and Employment, the establishment of a Congressional Oversight Committee, and the submission of annual reports detailing the status and situations of OFWs worldwide.

Overall, the IRR of RA 11641 provides a comprehensive framework for the establishment and operation of the Department of Migrant Workers, ensuring the protection and welfare of OFWs and their families while promoting the efficient and effective delivery of services.