Critical analysis of laws affecting migrant workers and overseas Filipino workers

Abstract

This study is conducted covering laws which affect the migrant and overseas Filipino workers and that of their families. The researcher opted for the study due to the rapid increase of the numbers of Filipinos working abroad which also escalated a numerous cases of forced labor and domestic abuse against them. A thorough analysis of Republic Act 10022 amending R.A. 8042 (Migrant Workers Act of 1995) and Presidential Decree No. 1694 as amended by PD 1809 (Creation of Welfare Fund for Overseas Workers) was conducted. The study gives importance to the welfare of the migrant and overseas Filipino workers through upholding their rights and privileges as an employee working in a different state with different laws. Since they are far from the instantaneous protection afforded by the government to its people, the researcher studied the existence, effectiveness and continuality of that same protection extended wherever those migrant workers are in the world. The promotion of financial literacy among migrants and their families to stir savings, investments and productive use remittances has become an area of convergence of the programmes and initiatives of the government, private sector and civil society. In order to maximize the potential of overseas employment, migration must be mainstreamed in the development plans of the nation, but most of all in the local government plans because reintegration may take place at the local level or hometown of migrants. It is apparent that the remittances brought into the country by these workers are a big factor for the stability of economic growth in our country, thus, quoting them as the country’s modern heroes. However, these labelled heroes do not receive all the benefits which is rightfully theirs, nonetheless, the aid nor assistance that they deserve. The competitiveness of Filipino migrant labour in the global market in terms of productivity and wages is said to have maintained the country’s favourable economic indicators even in times of regional or global financial crisis or low points of economic cycles. Discussions persist on the productive verses non-productive use of remittances by recipient households. The incentive for migrants to employ remittances in productive investment products will come from better investment opportunities in the economic and financial market. Evidently, the researcher obtained several documents and published works discussing about migrant workers and overseas Filipino workers and their actual day to day lives, thus, enabling the researcher to fully comprehend the major factors in studying the laws applicable to them. However, the researcher also came up with provisions that are to be considered idle and disadvantageous to the migrant and overseas Filipino workers. These provisions may have become as such due to the fact of rapid globalization and change in the customs, laws and other identical factor of the country where the migrant worker is in. These provisions, when not amended thoroughly, may affect the upholding of the rights of the workers abroad. Thus, there are numbers of recommendations insinuated and formulated by the researcher for the benefit and advancement of the employees.