OFW Repatriation Rights for Sick Workers in UAE

OFW Repatriation Rights for Sick Workers in the UAE

(Philippine legal framework, duties of the employer/agency, what OWWA/DMW can do, money you’re entitled to, and the exact playbook to get home.) Not legal advice.


1) Core legal anchors (Philippine side)

  • Migrant Workers Act (as amended): The principal/employer and the Philippine recruitment agency are jointly and solidarily liable for contract compliance—including repatriation and medical repatriation of an OFW who becomes sick or otherwise needs to be sent home.
  • Compulsory insurance for agency-hired OFWs: Must cover repatriation/medical evacuation, compassionate visit, and death/disablement benefits, among others.
  • Department of Migrant Workers (DMW) / Migrant Workers Office (MWO) (formerly POLO): Has the mandate to intervene, mediate, and require the employer/agency to repatriate, and to extend on-site welfare assistance through labor attachés/welfare officers.
  • OWWA: Provides welfare assistance, repatriation logistics (including airport assistance and, in urgent cases, airfare), shelter, and post-repatriation benefits (medical, livelihood, counseling), subject to program rules.
  • DFA–ATN (Assistance-to-Nationals): Backs up emergency repatriations, especially for undocumented or distress cases and when immediate state action is needed.

Bottom line: If you become ill in the UAE, the default payer for medical care and repatriation is your employer/principal; if they fail, your agency must step in; if both default or delay and there’s risk, OWWA/DMW/DFA can advance assistance and later recover from the liable parties.


2) When repatriation is triggered

You may lawfully seek repatriation if any of these apply (documented by a doctor or by the MWO’s assessment):

  • Serious illness or injury requiring treatment/recuperation in the Philippines, or making you unfit for work under the standard employment contract.
  • Non-access to adequate care at the job site (e.g., employer refuses treatment, no insurance access, unsafe conditions).
  • End of contract plus medical condition that makes continued stay unsafe.
  • Pregnancy- or disability-related fitness to travel issues that need managed medical evacuation.

For work-related illness/injury, you can claim contract/insurance/compensation benefits in addition to repatriation. For non-work-related illness, repatriation still applies when you are medically unfit or the contract so provides.


3) Who pays—and for what

Primary liability: Employer/principal Subsidiary but solidary: Philippine recruitment agency Government safety net: OWWA/DMW/DFA (can advance, then recover)

Costs covered usually include:

  • Exit medical care until fit-to-fly or stabilized for evacuation
  • Airfare to the Philippines (to the worker’s point of origin)
  • Travel logistics: airport transfers, exit/immigration clearances, exit permits/visa cancellations, overstay fines attributable to employer delay, and escort/medical stretcher if needed
  • Personal effects shipment when practicable (or retrieval/turnover supervision)
  • Unpaid wages/benefits up to separation/repatriation date (settled separately but often processed together)

Compulsory OFW insurance (agency-hired) adds:

  • Medical evacuation/repatriation benefits;
  • Compassionate visit (bringing in a relative when you’re hospitalized for a period, or sending remains/escort);
  • Disablement/death benefits where applicable.

4) Money you may claim before/with repatriation

  • Unpaid wages and salary differentials
  • Sick leave pay/medical benefits per contract/host-country law and employer policy
  • End-of-service or gratuity (if due under contract or host-country law)
  • Reimbursement of medical expenses you advanced (with receipts)
  • Damages/penalties for breach (processed via complaint; may be mediated by MWO or brought to DMW/NLRC after return)

Keep expectations realistic: cash entitlements are separate from the right to be repatriated. Push to go home first if you’re unwell; you can pursue money claims in parallel or after arrival.


5) Your step-by-step repatriation playbook (UAE job site)

  1. Get a doctor’s certificate

    • Visit a licensed clinic/hospital. Ask for a medical report stating diagnosis and fitness to work/fitness to fly.
  2. Formally notify your employer (HR/PRO)

    • Deliver a written request for medical repatriation, attaching the medical report, and ask them to coordinate flight/clearances. Keep proof of sending.
  3. Activate your support triangle

    • MWO (Labor Attaché/OWWA Welfare Officer) in your emirate
    • Your Philippine recruitment agency (24/7 hotline)
    • OWWA hotlines Provide: passport, visa copy, contract, Emirates ID (if any), insurance card, medical report, location/contact.
  4. Ask MWO to intervene

    • Request an on-site conciliation compelling the employer/agency to assume medical care + airfare + exit processing; seek shelter if needed (especially for domestic workers).
  5. Use compulsory insurance

    • Get the insurer’s details from your agency. File for medical evacuation/repatriation benefits or a guarantee of payment for hospital bills, where applicable.
  6. Secure immigration and company clearances

    • Employer/PRO handles visa cancellation/labour card procedures and settles overstay exposure attributable to company delay. Do not overstay by inaction—keep MWO looped in.
  7. Flight booking and medical logistics

    • If fit to fly with assistance, request wheelchair/medical escort; if not fit, push insurer/employer for stretcher case or medical evacuation clearance with the airline.
    • Keep original medicals and a doctor’s fit-to-fly note handy for the airline.
  8. Documentation pack for travel

    • Passport, visa cancelation/exit permit, contract, company clearance, medical report, hospital bills, flight itinerary, contact person in PH.
  9. If employer/agency refuses or stalls

    • Ask MWO for a written directive; request shelter and airport assistance.
    • OWWA/DFA can advance repatriation in emergencies; agencies and employers remain liable to reimburse.

6) On arrival in the Philippines: what to do next

  • Airport meet: If arranged, OWWA/DMW assists with wheelchair, ambulance, and domestic transit to your home province or hospital.

  • Medical continuation: Use PhilHealth benefits (if active) and any OWWA medical assistance programs you qualify for; keep all original receipts.

  • Claims & complaints:

    • File wage/benefits claims through DMW/POEA adjudication or NLRC as appropriate.
    • Trigger insurance claims (medical reimbursement, disablement).
    • Seek psychosocial counseling or livelihood assistance if eligible under OWWA programs.
  • Re-deployment medical holds: Follow doctors’ advice; don’t redeploy until medically fit and cleared.


7) Special situations

A) Domestic workers (household service workers)

  • MWO can rescue/transfer to shelter and compel employer/agency to provide medical care and repatriation. Keep contact with welfare officers; don’t surrender medical papers.

B) Undocumented/irregular status

  • You still have ATN/OWWA assistance pathways. Regularize identity with Philippine Embassy/Consulate (travel document), and coordinate amnesty/exit with UAE authorities through MWO/DFA support. Expect more paperwork/time, but humanitarian repatriation remains available.

C) Seafarers passing through UAE ports

  • Seafarers are under a separate standard contract and maritime rules (including medical repatriation under maritime labor standards). Coordinate with the shipowner/POEA-approved manning agency, P&I Club, and Philippine Consulate.

D) Minors/next-of-kin travel (“compassionate visit”)

  • If you’re hospitalized for an extended period, insurance may fund a family member’s visit or an escort home, subject to policy terms.

8) Evidence to keep and copy

  • Employment contract & any amendments
  • Company ID, Emirates ID, residence visa page
  • Payslips, bank transfers (for wage claims)
  • Health insurance card/policy; insurer hotline logs
  • Medical reports, prescriptions, bills/receipts
  • Written requests to employer and replies
  • MWO/OWWA ticket numbers, emails, Viber/WhatsApp screenshots
  • Boarding pass/itinerary and baggage of personal effects receipts

9) Typical problems and clean fixes

Problem What to do fast
Employer says “wait until you fully recover” but blocks pay/leave Send written demand for paid medical leave per contract; copy MWO; ask for interim medical assistance and a timeline to repatriate when fit-to-fly
No insurance card / hospital won’t admit Call MWO/OWWA; ask them to issue an undertaking or coordinate with employer/insurer for guarantee of payment
Agency says “we have no funds” Remind them of solidary liability; request MWO directive; ask OWWA to advance in emergency and charge back
Visa not cancelled; overstay accumulating Put employer on notice in writing; request MWO assistance with GDRFA/ICP processing; document dates for fine shifting
Confiscated passport Notify MWO immediately; passport seizure is improper—embassy can issue travel document and work with UAE authorities

10) Template: Medical Repatriation Request (send to HR/Agency; copy MWO)

Subject: Urgent Medical Repatriation Request – [Name, Passport No., Position]

I was diagnosed on [date] with [illness/injury] (see attached medical report). The attending physician finds me [unfit for work/fit to fly with assistance].

In line with my employment contract and Philippine law on migrant workers, please arrange my medical care and repatriation to the Philippines, including visa cancellation/exit permits and airfare, within [5–7] days or on the earliest medically advisable date.

Kindly confirm the schedule and designate your focal person. I am copying the MWO/OWWA for assistance.

[Name / Mobile / Location] Attachments: medical report; passport & visa; contract; insurance card.


11) Quick FAQs

Is my employer required to pay my ticket home if I’m sick? Yes. Repatriation (including medical repatriation when needed) is the employer’s duty; the agency is solidarily liable if the employer fails.

What if I’m undocumented? You still have humanitarian repatriation channels via Embassy/MWO/OWWA/DFA. Identity/exit processing may take longer.

Can I claim unpaid wages after I get home? Yes. File a money claim through DMW/NLRC. Keep your evidence.

Do I lose benefits if my illness is not work-related? Repatriation can still proceed based on medical unfitness. Some insurance/compensation items are limited to work-related cases—check your policy/contract.

Who escorts me if I’m non-ambulatory? Airlines may require a medical escort/stretcher. The cost is typically for the employer/insurer; coordinate via MWO/OWWA.


12) Takeaways

  • If you’re sick in the UAE, your employer must ensure treatment and bring you home when medically indicated; your agency is equally on the hook if the employer won’t.
  • Call MWO/OWWA early; paper your requests; keep medical proofs.
  • Separate the right to go home safely from claims for moneygo home first, then pursue wages/benefits with your documents in order.
  • Government can advance help in emergencies, but the employer/agency ultimately pays.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.