Protecting OFWs Through RA 10801
The Department of Migrant Workers plays a crucial role in ensuring the welfare of Overseas Filipino Workers (OFWs), guided by Republic Act No. 10801, also known as the “Overseas Workers Welfare Administration Act.” This law establishes clear protections and support systems for OFWs and their families, ensuring their rights are upheld throughout their employment journey abroad.
Through this Act, the state commits to promoting employment and safeguarding the welfare of Filipino laborers worldwide. OWWA’s welfare programs, in particular, are designed to be inclusive and responsive to the specific needs of both male and female migrant workers.
Mandate of the Department of Migrant Workers
RA 10801 outlines OWWA’s mandate to administer specialized services and manage the OWWA Fund, a trust fund dedicated solely to OFW programs. As an agency under the Department of Migrant Workers, OWWA is tasked with implementing labor protection policies, responding to crises, and maintaining the long-term viability of its fund.
The law applies to OWWA’s secretariat, registered employers, and both regular and voluntary OFW members, providing them with access to a wide range of social services and welfare initiatives.
Understanding Membership and Contributions
OWWA membership is mandatory when an OFW’s employment contract is processed and may also be voluntarily availed at overseas job sites. Membership costs $25 and is valid for two years or until the contract ends, whichever comes first. Employers are legally obligated to pay this fee on behalf of their workers.
To ensure accountability, the law penalizes recruitment agencies that fail to comply, including the possible revocation of their licenses.
OWWA Governance and Oversight
The Board of Trustees, composed of officials from key government departments and OFW representatives, governs OWWA. This board is responsible for setting policies, managing programs, and overseeing financial matters. Regular meetings are held to adopt resolutions and maintain transparency.
The OWWA Secretariat, led by the Administrator, executes these policies, manages welfare operations, and handles all financial responsibilities.
Benefits and Services for OFWs
Through the Department of Migrant Workers, OWWA delivers a variety of programs to meet the needs of OFWs, from pre-departure to reintegration. These include:
- Reintegration Assistance – Helping returning workers rebuild their lives.
- Repatriation Support – Assisting those in distress abroad.
- Loan Programs – Offering financial help for personal or business use.
- On-Site Legal Services – Providing legal guidance and emotional support overseas.
- Social Benefits – Covering death, disability, medical aid, scholarships, and skills training.
Safeguarding the OWWA Trust Fund
The OWWA Fund is legally classified as a private trust fund and is protected from national appropriation. It must be invested only in government securities, ensuring it remains stable and grows efficiently. The Board is charged with managing these resources transparently.
Budgeting follows national standards, and any surplus from one year reduces the budget for the next, encouraging responsible spending.
Additional Rights and Legal Provisions
Under the Act, long-time members who have never used OWWA services may qualify for rebates. Furthermore, all OWWA funds are exempt from taxes, court actions, and government reallocation.
The law also mandates that implementation rules be issued within 90 days of effectivity, with the full Act becoming enforceable 15 days after publication in the Official Gazette.
For more updates about Department of Migrant Workers (DMW), visit Filipinokami.com.
Source: Republic Act No. 10801
