For Overseas Filipino Workers (OFWs), returning to the Philippines under distressing circumstances—whether due to involuntary repatriation (war, calamity, or pandemic) or deportation—can be an overwhelming experience. However, Philippine law provides a safety net designed to protect the welfare and rights of these workers.
Under Republic Act No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995), as amended by RA 10022, the state maintains a clear "policy of affirmative action" to assist distressed migrant workers.
1. The Right to Repatriation
The primary responsibility for the repatriation of a worker (including the transport of personal belongings and remains) rests with the Primary Recruitment/Placement Agency and the Employer.
- Mandatory Repatriation: The agency must repatriate the worker regardless of the cause of termination of employment.
- The "No-Delay" Rule: An agency cannot delay repatriation by claiming the worker was "at fault." They must bring the worker home first and litigate the issue of fault later.
- Emergency Repatriation: In cases of war, civil unrest, or health epidemics, the Overseas Workers Welfare Administration (OWWA), in coordination with the Department of Foreign Affairs (DFA), takes the lead using the Emergency Repatriation Fund.
2. Financial Benefits and Claims
A. Monetary Claims for Illegal Dismissal
If a worker was deported or repatriated because they were unjustly fired before their contract ended, they are entitled to:
- Full Reimbursement of Placement Fees: Plus 12% interest per annum.
- Salaries for the Unexpired Portion: Under current jurisprudence, workers are entitled to their salaries for the entire unexpired portion of the employment contract.
B. Compulsory Insurance Coverage
For agency-hired workers, Section 37-A of RA 8042 mandates an insurance policy. If you are repatriated, you may claim:
- Subsistence Allowance Benefit: Usually $100 per month for up to six months while a case for illegal dismissal is pending.
- Repatriation Cost: Coverage for the airfare back to the Philippines.
- Compassionate Visit: If the OFW is hospitalized for at least seven consecutive days, the insurance may cover the travel costs for one family member.
3. OWWA Reintegration Programs
Repatriated or deported OFWs who are active members of OWWA are entitled to a suite of "Reintegration" services:
| Program | Description |
|---|---|
| Balik Pinas! Balik Hanapbuhay! | A package of livelihood support/grants (up to ₱20,000) for distressed or displaced OFWs to start a small business. |
| Education & Training | Access to TESDA skill-retooling programs to help the worker find employment locally or prepare for a different overseas market. |
| EDLP (Enterprise Development) | A loan program in partnership with LandBank and DBP for larger business ventures (ranging from ₱100,000 to millions, subject to credit evaluation). |
4. Legal Assistance and Redress
If your repatriation was the result of contract substitution, maltreatment, or illegal dismissal, you have the right to file a formal complaint.
- SENA (Single Entry Approach): Before filing a full-blown case, parties undergo mandatory conciliation-mediation through the National Labor Relations Commission (NLRC) or the Department of Migrant Workers (DMW) to reach a settlement.
- NLRC Arbitration: If mediation fails, the worker files a position paper before a Labor Arbiter.
- DMW (formerly POEA) Administrative Cases: Separate from money claims, workers can file to suspend or revoke the license of the recruitment agency for recruitment violations.
5. Special Assistance for Deportees
Deportation often carries a stigma or legal barrier. The Philippine government, through the National Reintegration Center for OFWs (NRCO), provides:
- Legal Counseling: To understand the implications of the deportation order from the host country.
- Psychosocial Counseling: To manage the trauma often associated with deportation or detention abroad.
Summary of Steps for the Repatriated Worker
- Secure Documents: Keep copies of your employment contract, boarding passes, and any notice of termination or deportation orders.
- Report to DMW/OWWA: Visit the Help Desk at the airport or the regional office immediately upon arrival to register as a "distressed OFW."
- File Insurance Claims: Contact the local insurance provider (if agency-hired) to trigger the subsistence and repatriation benefits.
- Legal Consultation: Consult with the Legal Assistance 24/7 desk of the DMW or the Public Attorney's Office (PAO) if you believe your rights were violated.
Note: Claims for money resulting from the employer-employee relationship generally prescribe in three (3) years from the time the cause of action accrued. Do not delay in seeking legal advice.
Would you like me to draft a template for a formal demand letter to a recruitment agency regarding unpaid salaries or repatriation costs?