republic act 10022

75
Migrant Workers and Overseas Migrant Workers and Overseas Filipinos Act of 1995 Filipinos Act of 1995 as amended by as amended by Republic Act No. 10022 Republic Act No. 10022

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Page 1: Republic Act 10022

Migrant Workers and OverseasMigrant Workers and Overseas Filipinos Act of 1995 Filipinos Act of 1995

as amended by as amended by

Republic Act No. 10022Republic Act No. 10022

Page 2: Republic Act 10022

Fast factsFast facts

Page 3: Republic Act 10022

17 March 1995 17 March 1995

Flor Contemplacion , a Filipina Flor Contemplacion , a Filipina domestic helper was convicted for domestic helper was convicted for killing another Filipina domestic killing another Filipina domestic helper in Singapore. helper in Singapore.

She was sentenced to be hanged. She was sentenced to be hanged.

Page 4: Republic Act 10022

Mass actions were staged in the Mass actions were staged in the Philippines protesting the verdict and Philippines protesting the verdict and pressuring the government to pressuring the government to intervene to stop the execution. intervene to stop the execution.

Despite diplomatic efforts by the Despite diplomatic efforts by the Philippine government, Flor Philippine government, Flor Contemplacion was hanged on 17 Contemplacion was hanged on 17 March 1995.March 1995.

Page 5: Republic Act 10022

07 June 1995 07 June 1995

Pres. Fidel Ramos signed into law Pres. Fidel Ramos signed into law Republic Act 8042 otherwise Republic Act 8042 otherwise known as the known as the Migrant Workers Migrant Workers and Overseas Filipinos Act of and Overseas Filipinos Act of 19951995

Page 6: Republic Act 10022

29 February 199629 February 1996

Department of Foreign Affairs Department of Foreign Affairs (DFA) and the Department of (DFA) and the Department of Labor and Employment (DOLE) Labor and Employment (DOLE) passed the Implementing Rules passed the Implementing Rules and Regulations of R.A. 8042 and Regulations of R.A. 8042

Page 7: Republic Act 10022

04 September 2009 04 September 2009

Joint Manning Group (JMG) Joint Manning Group (JMG) learned from informal sources learned from informal sources that the Bicameral Committee that the Bicameral Committee (BICAM) composed of Senators (BICAM) composed of Senators and Congressmen has approved and Congressmen has approved the amendments to R.A. 8042the amendments to R.A. 8042

Page 8: Republic Act 10022

Late September 2009Late September 2009

JMG began its efforts to find ways and means to JMG began its efforts to find ways and means to mitigate the impact of the proposed bill  on the mitigate the impact of the proposed bill  on the manning industry . Valuable connections manning industry . Valuable connections arranged JMG meetings with members of the arranged JMG meetings with members of the BICAM to enable us to plead our case because BICAM to enable us to plead our case because the sea based sector was deprived of the the sea based sector was deprived of the opportunity to be heard.  JMG was buoyed with opportunity to be heard.  JMG was buoyed with positive reaction from the members of the positive reaction from the members of the BICAM. BICAM.

Page 9: Republic Act 10022

5,6,10, 11 November 20095,6,10, 11 November 2009

DOLE convened  Tripartite DOLE convened  Tripartite Consultation Meetings. The Consultation Meetings. The objective is to prepare objective is to prepare recommendatory changes in the recommendatory changes in the BICAM version of the proposed BICAM version of the proposed bill.bill.

Page 10: Republic Act 10022

13 November 200913 November 2009

Labour sector  turned over to Labour sector  turned over to DOLE  Secy. Roque the DOLE  Secy. Roque the completed draft . Secy. Roque is completed draft . Secy. Roque is supposed to hand carry the draft supposed to hand carry the draft to the  Chairman of the BICAM.to the  Chairman of the BICAM.

Page 11: Republic Act 10022

18 November 200918 November 2009

BICAM passed  the 3rd draft . BICAM passed  the 3rd draft . Labour sector's recommendation Labour sector's recommendation was completely ignored . was completely ignored .

The 3rd BICAM draft contained the The 3rd BICAM draft contained the following , viz : following , viz :

Page 12: Republic Act 10022

33rdrd BICAM draft BICAM draft

a. a. criminalises the act of criminalises the act of allowing a non-allowing a non- Filipino citizen to Filipino citizen to head or manage a head or manage a manning manning agency . agency .

  

Page 13: Republic Act 10022

33rdrd BICAM draft BICAM draft

b.b. criminalises the act of requiring criminalises the act of requiring

aa seafarer to undergo his seafarer to undergo his PEME PEME

in a clinic or   medical facilityin a clinic or   medical facility

appointed  by the principal;appointed  by the principal;

Page 14: Republic Act 10022

33rdrd BICAM draft BICAM draft

c. c. criminalises the act of criminalises the act of requiring a requiring a seafarer to undergo seafarer to undergo training in a training in a training centre training centre designated by the designated by the principal ; principal ;

Page 15: Republic Act 10022

33rdrd BICAM draft BICAM draft

d.d. mandatory insurance coverage  mandatory insurance coverage  provision which includes a “no provision which includes a “no fault , no contest” clause ;fault , no contest” clause ;

Page 16: Republic Act 10022

25 November 201025 November 2010

JMG intensified its efforts to JMG intensified its efforts to engage the members of the engage the members of the BICAM in dialogues to underline BICAM in dialogues to underline to them the negative impact of to them the negative impact of the bill to the manning industry.the bill to the manning industry.

Page 17: Republic Act 10022

18 December 200918 December 2009

JMG received the final version of the bill. JMG received the final version of the bill. The BICAM adopted the recommendations The BICAM adopted the recommendations of JMG . of JMG .

The final text contained the following , viz :The final text contained the following , viz :

Page 18: Republic Act 10022

FINAL draftFINAL draft

a. a. de-criminalised the de-criminalised the appointment of appointment of medical medical clinics  for seafarers clinics  for seafarers provided  provided  the cost of the cost of PEME shall PEME shall be be borne by the principal ; borne by the principal ;

Page 19: Republic Act 10022

FINAL draftFINAL draft

b.b. de- criminalised the de- criminalised the designation of designation of training centre for training centre for seafarers provided seafarers provided the the cost of cost of training shall be borne by training shall be borne by the the principal ; principal ;

Page 20: Republic Act 10022

FINAL draftFINAL draft

c.c. allow manning agency to allow manning agency to submit to submit to POEA certificates or POEA certificates or any proof of any proof of cover as cover as evidence to show that the evidence to show that the seafarers are covered provided seafarers are covered provided that that the the minimum benefits minimum benefits under the under the law law are are included. included.

Page 21: Republic Act 10022

08 March 201008 March 2010

Pres. Gloria Macapagal -Arroyo Pres. Gloria Macapagal -Arroyo allowed the bill  to lapse into law allowed the bill  to lapse into law

  

Page 22: Republic Act 10022

21 April 201021 April 2010

R.A. 10022 was published in a R.A. 10022 was published in a major broadsheetmajor broadsheet

Page 23: Republic Act 10022

06 May 201006 May 2010

R.A. 10022 took  effectR.A. 10022 took  effect

Page 24: Republic Act 10022

ILLEGAL RECRUITMENTILLEGAL RECRUITMENT

Page 25: Republic Act 10022

DEFINITION:DEFINITION:

any act of canvassing, enlisting, any act of canvassing, enlisting, contracting, transporting, utilizing, contracting, transporting, utilizing, hiring, procuring workers and hiring, procuring workers and includes referring, contact services, includes referring, contact services, promising or advertising for promising or advertising for employment abroad, whether for employment abroad, whether for profit or not, when undertaken by a profit or not, when undertaken by a non-license or non-holder of authoritynon-license or non-holder of authority

Page 26: Republic Act 10022

DEFINITION:DEFINITION:

xxx It shall likewise include the xxx It shall likewise include the following acts following acts (Section 5, R.A. 10022)(Section 5, R.A. 10022), , whether committed by any whether committed by any persons, whether a non-licensee, persons, whether a non-licensee, non-holder, licensee or holder of non-holder, licensee or holder of authority. xxxauthority. xxx

Page 27: Republic Act 10022

PERSONS LIABLEPERSONS LIABLE

Page 28: Republic Act 10022

The persons criminally liable for the above offenses The persons criminally liable for the above offenses are the following, viz;are the following, viz;

1.1. Principals;Principals;

2.2. Accomplices ;Accomplices ;

3.3. Accessories;Accessories;4.4. In case of juridical persons, like partnerships or In case of juridical persons, like partnerships or

corporations, the persons liable are the officers corporations, the persons liable are the officers having ownership, control, management or direction having ownership, control, management or direction of their business who are responsible for the of their business who are responsible for the commission of the offense and the responsible commission of the offense and the responsible employees/agents thereofemployees/agents thereof shall be liable.shall be liable.

Page 29: Republic Act 10022

PENALTY for ILLEGAL RECRUITMENTPENALTY for ILLEGAL RECRUITMENT

Page 30: Republic Act 10022

●● imprisonment of not less than twelve imprisonment of not less than twelve (12) years and one (1) day but not more (12) years and one (1) day but not more than twenty (20) years AND than twenty (20) years AND

●● a fine of not less than One million a fine of not less than One million pesos pesos (Php1,000,000.00 @ 45= USD 22, (Php1,000,000.00 @ 45= USD 22, 000.00 ) 000.00 ) nor more than Two million pesos nor more than Two million pesos (Php 2,000,000.00 @ 45= USD 44,000). (Php 2,000,000.00 @ 45= USD 44,000).

Page 31: Republic Act 10022

●● life imprisonment and a fine of life imprisonment and a fine of not less than Two million pesos not less than Two million pesos (Php2,000,000.00 @ 45= USD (Php2,000,000.00 @ 45= USD 44,000.00) nor more than Five 44,000.00) nor more than Five million pesos (Php5,000,000.00 @ 45 million pesos (Php5,000,000.00 @ 45 = USD 111,000.00) shall be imposed = USD 111,000.00) shall be imposed if illegal recruitment constitutes if illegal recruitment constitutes economic sabotageeconomic sabotage as defined as defined thereintherein

Page 32: Republic Act 10022

●● Provided, however, that the Provided, however, that the maximum penalty shall be maximum penalty shall be imposed if the person illegally imposed if the person illegally recruited is less than eighteen recruited is less than eighteen (18) years of age or committed (18) years of age or committed by a non-licensee or non-holder by a non-licensee or non-holder of authorityof authority

Page 33: Republic Act 10022

ILLEGAL RECRUITMENT ACTSILLEGAL RECRUITMENT ACTS

Page 34: Republic Act 10022

Sec. 5 (a) Sec. 5 (a)

To charge or accept directly or indirectly To charge or accept directly or indirectly any amount greater than that specified in any amount greater than that specified in the schedule of allowable fees prescribed the schedule of allowable fees prescribed by the Secretary of Labor and by the Secretary of Labor and Employment, or to make a worker pay or Employment, or to make a worker pay or acknowledge any amount greater than that acknowledge any amount greater than that actually received by him as a loan or actually received by him as a loan or advance;advance;

Page 35: Republic Act 10022

Sec. 5 (b) Sec. 5 (b)

To furnish or publish any false To furnish or publish any false notice or information or notice or information or document in relation to document in relation to recruitment or employment;recruitment or employment;

Page 36: Republic Act 10022

Sec. 5 (c) Sec. 5 (c)

To give any false notice, testimony, information or To give any false notice, testimony, information or document or commit any act of misrepresentation document or commit any act of misrepresentation for the purpose of securing a license or authority for the purpose of securing a license or authority under the Labor Code, or for the purpose of under the Labor Code, or for the purpose of documenting hired workers with the POEA, which documenting hired workers with the POEA, which include the act of reprocessing workers through a include the act of reprocessing workers through a job order that pertains to non-existent work, work job order that pertains to non-existent work, work different from the actual overseas work, or work different from the actual overseas work, or work with a different employer whether registered or with a different employer whether registered or not with the POEA;not with the POEA;

Page 37: Republic Act 10022

Sec. 5 (d) Sec. 5 (d)

To include or attempt to induce a To include or attempt to induce a worker already employed to quit his worker already employed to quit his employment in order to offer him employment in order to offer him another unless the transfer is another unless the transfer is designed to liberate a worker from designed to liberate a worker from oppressive terms and conditions of oppressive terms and conditions of employment;employment;

Page 38: Republic Act 10022

Sec. 5 (e) Sec. 5 (e)

To influence or attempt to influence To influence or attempt to influence any person or entity not to employ any any person or entity not to employ any worker who has not applied for worker who has not applied for employment through his agency or employment through his agency or who has formed, joined or supported, who has formed, joined or supported, or has contacted or is supported by or has contacted or is supported by any union or workers’ organization;any union or workers’ organization;

Page 39: Republic Act 10022

Sec. 5 (f) Sec. 5 (f)

To engage in the recruitment or To engage in the recruitment or placement of workers in jobs placement of workers in jobs harmful to public health or harmful to public health or morality or to the dignity of the morality or to the dignity of the Republic of the Philippines;Republic of the Philippines;

Page 40: Republic Act 10022

Sec. 5 (g) Sec. 5 (g)

To obstruct or attempt to To obstruct or attempt to obstruct inspection by the obstruct inspection by the Secretary of Labor and Secretary of Labor and Employment or by his duly Employment or by his duly authorized representative;authorized representative;

Page 41: Republic Act 10022

Sec. 5 (h) Sec. 5 (h)

To fail to submit reports on the status To fail to submit reports on the status of employment, placement vacancies, of employment, placement vacancies, remittance of foreign exchange remittance of foreign exchange earnings, separation from jobs, earnings, separation from jobs, departures and such other matters or departures and such other matters or information as may be required by the information as may be required by the Secretary of Labor and Employment; Secretary of Labor and Employment;

Page 42: Republic Act 10022

Sec. 5 (i) Sec. 5 (i)

To substitute or alter to the prejudice of To substitute or alter to the prejudice of the worker, employment contracts the worker, employment contracts approved and verified by the Department approved and verified by the Department of Labor and Employment from the time of of Labor and Employment from the time of actual signing thereof by the parties up to actual signing thereof by the parties up to and including the period of the expiration and including the period of the expiration of the same without the approval of the of the same without the approval of the Department of Labor and Employment ; Department of Labor and Employment ;

Page 43: Republic Act 10022

Sec. 5 (j) Sec. 5 (j)

For an officer or agent of a For an officer or agent of a recruitment or placement agency to recruitment or placement agency to become an officer or member of the become an officer or member of the Board of any corporation engaged in Board of any corporation engaged in travel agency or to be engaged travel agency or to be engaged directly or indirectly in the directly or indirectly in the management of travel agency;management of travel agency;

Page 44: Republic Act 10022

Sec. 5 (k) Sec. 5 (k)

To withhold or deny travel documents To withhold or deny travel documents from applicant workers before from applicant workers before departure for monetary or financial departure for monetary or financial considerations, or for any other considerations, or for any other reasons, other than those authorized reasons, other than those authorized under the Labor Code and its under the Labor Code and its implementing rules and regulations;implementing rules and regulations;

Page 45: Republic Act 10022

Sec. 5 (l) Sec. 5 (l)

Failure to actually deploy a Failure to actually deploy a contracted worker without valid contracted worker without valid reason as determined by the reason as determined by the Department of Labor and Department of Labor and Employment;Employment;

Page 46: Republic Act 10022

Sec. 5 (m) Sec. 5 (m)

Failure to reimburse expenses incurred by the Failure to reimburse expenses incurred by the worker in connection with his documentation worker in connection with his documentation and processing for purposes of deployment, and processing for purposes of deployment, in cases where the deployment does not in cases where the deployment does not actually take place without the worker’s fault. actually take place without the worker’s fault. Illegal recruitment when committed by a Illegal recruitment when committed by a syndicate or in large scale shall be considered syndicate or in large scale shall be considered an offense involving economic sabotage; andan offense involving economic sabotage; and

Page 47: Republic Act 10022

Sec. 5 (n) Sec. 5 (n)

To allow a non-Filipino citizen to To allow a non-Filipino citizen to head or manage a licensed head or manage a licensed recruitment/manning agency.recruitment/manning agency.

Page 48: Republic Act 10022

Note: Rule II, Definition of Terms, IRR draftNote: Rule II, Definition of Terms, IRR draft

Head or manageHead or manage – refers to any of the following – refers to any of the following acts: acts:

1.1. Control and supervise the operations of the Control and supervise the operations of the recruitment/manning agency or branch thereof of recruitment/manning agency or branch thereof of which they are employed;which they are employed; oror

  

2.2. Exercise the authority to hire or fire employees and Exercise the authority to hire or fire employees and lay down and execute management policies of the lay down and execute management policies of the recruitment/manning agency or branch thereof.recruitment/manning agency or branch thereof.

Page 49: Republic Act 10022

PROHIBITED ACTSPROHIBITED ACTS

Page 50: Republic Act 10022

(1) (1)

Grant a loan to an overseas Filipino Grant a loan to an overseas Filipino worker with interest exceeding eight worker with interest exceeding eight percent (8%) per annum, which will be percent (8%) per annum, which will be used for payment of legal and allowable used for payment of legal and allowable placement fees and make the migrant placement fees and make the migrant worker issue, either personally or worker issue, either personally or through a guarantor or accommodation through a guarantor or accommodation party, postdated checks in relation to the party, postdated checks in relation to the said loan;said loan;

Page 51: Republic Act 10022

(2)(2)

Impose a compulsory and Impose a compulsory and exclusive arrangement whereby exclusive arrangement whereby an overseas Filipino worker is an overseas Filipino worker is required to avail of a loan only required to avail of a loan only from specifically designated from specifically designated institutions, entities or persons;institutions, entities or persons;

Page 52: Republic Act 10022

(3)(3)

Refuse to condone or renegotiate Refuse to condone or renegotiate a loan incurred by an overseas a loan incurred by an overseas Filipino worker after the latter’s Filipino worker after the latter’s employment contract has been employment contract has been prematurely terminated through prematurely terminated through no fault of his or her own;no fault of his or her own;

Page 53: Republic Act 10022

(4) (4)

Impose a compulsory and exclusive Impose a compulsory and exclusive arrangement whereby an overseas arrangement whereby an overseas Filipino worker is required to undergo Filipino worker is required to undergo health examinations only from health examinations only from specifically designated medical clinics, specifically designated medical clinics, institutions, entities or persons, institutions, entities or persons, except in except in the case of a seafarer whose medical the case of a seafarer whose medical examination cost is shouldered by the examination cost is shouldered by the principal/ship ownerprincipal/ship owner;;

Page 54: Republic Act 10022

(5)(5)

Impose a compulsory and exclusive Impose a compulsory and exclusive arrangement whereby an overseas Filipino arrangement whereby an overseas Filipino worker is required to undergo training, worker is required to undergo training, seminar, instruction or schooling of any seminar, instruction or schooling of any kind only from specifically designated kind only from specifically designated institutions, entities or persons, institutions, entities or persons, except for except for recommendatory trainings mandated by recommendatory trainings mandated by principals/ship owners where the latter principals/ship owners where the latter shoulder the cost of such trainingsshoulder the cost of such trainings;;

Page 55: Republic Act 10022

(6)(6)

For a suspended recruitment / For a suspended recruitment / manning agency to engage in manning agency to engage in any kind of recruitment activity any kind of recruitment activity including the processing of including the processing of pending workers’ applications; pending workers’ applications; andand

Page 56: Republic Act 10022

(7)(7)

For a recruitment/manning agency or For a recruitment/manning agency or a foreign principal/employer to pass on a foreign principal/employer to pass on the overseas Filipino worker or deduct the overseas Filipino worker or deduct from his or her salary the payment of from his or her salary the payment of the cost of insurance fees, premium or the cost of insurance fees, premium or other insurance related charges, as other insurance related charges, as provided under the compulsory provided under the compulsory worker’s insurance coverage.worker’s insurance coverage.

Page 57: Republic Act 10022

PERSONS LIABLEPERSONS LIABLE

Page 58: Republic Act 10022

The persons criminally liable for the above offenses The persons criminally liable for the above offenses are the following, viz;are the following, viz;

1.1. Principals;Principals;

2.2. Accomplices ;Accomplices ;

3.3. Accessories;Accessories;

4.4. In case of juridical persons, like partnerships or In case of juridical persons, like partnerships or corporations, the persons liable are the officers corporations, the persons liable are the officers having ownership, control, management or direction having ownership, control, management or direction of their business who are responsible for the of their business who are responsible for the commission of the offense and the responsible commission of the offense and the responsible employees/agents thereofemployees/agents thereof shall be liable.shall be liable.

Page 59: Republic Act 10022

PENALTY FOR PROHIBITED ACTSPENALTY FOR PROHIBITED ACTS

Page 60: Republic Act 10022

●● penalty of imprisonment of not less penalty of imprisonment of not less than six (6) years and one (1) day but than six (6) years and one (1) day but not more than twelve (12) years AND not more than twelve (12) years AND

●● fine of not less than Five hundred fine of not less than Five hundred thousand pesos (Php500,000.00 @ 45 thousand pesos (Php500,000.00 @ 45 = USD 11,000.00) nor more than One = USD 11,000.00) nor more than One million pesos (Php1,000,000.00 @ 45 = million pesos (Php1,000,000.00 @ 45 = USD 22.000.00).USD 22.000.00).

Page 61: Republic Act 10022

●● If the offender is an alien, he If the offender is an alien, he or she shall, in addition to the or she shall, in addition to the penalties herein prescribed, be penalties herein prescribed, be deported without further deported without further proceedings.proceedings.

Page 62: Republic Act 10022

●● In every case, conviction shall In every case, conviction shall cause and cause and carry the automatic carry the automatic revocation of the revocation of the license or license or registration of the recruitment / registration of the recruitment / manning agency, lending manning agency, lending institutions, institutions, training school or training school or medical clinic.medical clinic.

Page 63: Republic Act 10022

Sec. 37-A Compulsory Insurance Sec. 37-A Compulsory Insurance CoverageCoverage

Page 64: Republic Act 10022

Compulsory Insurance Compulsory Insurance CoverageCoverage

(a) Accidental death(a) Accidental death -USD15,000.00-USD15,000.00

Note: Rule XVI, Sec. 7 Documentary Requirements as per Note: Rule XVI, Sec. 7 Documentary Requirements as per IRR draftIRR draft

1.1. Death certificate authenticated by Philippine Death certificate authenticated by Philippine embassy or consulate;embassy or consulate;

2.2. Police/Accident report;Police/Accident report;3.3. Notice of Claim to Insurance provider. Notice of Claim to Insurance provider. ( Sec 6, IRR)( Sec 6, IRR)

Page 65: Republic Act 10022

Compulsory Insurance Compulsory Insurance CoverageCoverage

(b) Natural death(b) Natural death --USD10,000.00USD10,000.00

Note: Rule XVI, Sec. 7 Documentary Requirement as Note: Rule XVI, Sec. 7 Documentary Requirement as per IRR draftper IRR draft

1.1. Death certificate authenticated by Philippine Death certificate authenticated by Philippine embassy or consulate;embassy or consulate;

2.2. Notice of Claim to Insurance provider. Notice of Claim to Insurance provider. ( Sec 6, IRR)( Sec 6, IRR)

Page 66: Republic Act 10022

Compulsory Insurance Compulsory Insurance CoverageCoverage

(c) Permanent total disablement(c) Permanent total disablement

-USD7,500.00-USD7,500.00

Note: Rule XVI, Sec. 7 Documentary Requirement as per Note: Rule XVI, Sec. 7 Documentary Requirement as per IRR draftIRR draft

1.1. Medical certificate authenticated by Philippine Medical certificate authenticated by Philippine embassy or consulate;embassy or consulate;

2.2. Notice of Claim to Insurance providerNotice of Claim to Insurance provider. . ( Sec 6, IRR)( Sec 6, IRR)

Page 67: Republic Act 10022

Rule XVI, Sec. 7 Documentary Requirement as per Rule XVI, Sec. 7 Documentary Requirement as per IRR draftIRR draft

Any claim arising from accidental death, natural Any claim arising from accidental death, natural death or permanent total disablement under death or permanent total disablement under Section 2 (a), (b) and (c) shall be paid by the Section 2 (a), (b) and (c) shall be paid by the insurance company without any contest and insurance company without any contest and without the necessity of proving fault or negligence without the necessity of proving fault or negligence of any kind on the part of the insured migrant of any kind on the part of the insured migrant worker: Provided the following documents, duly worker: Provided the following documents, duly authenticated by the Philippine foreign posts, shall authenticated by the Philippine foreign posts, shall be sufficient evidence to substantiate the claim: xxxbe sufficient evidence to substantiate the claim: xxx

Page 68: Republic Act 10022

In the case of a seafarer, the amounts In the case of a seafarer, the amounts provided in Section 2 (a), (b), or (c), as provided in Section 2 (a), (b), or (c), as the case may be, shall, within ten (10) the case may be, shall, within ten (10) days from submission of the above-days from submission of the above-stated documents, be paid by the stated documents, be paid by the foreign insurance company through its foreign insurance company through its Philippine representative to the Philippine representative to the seafarer/beneficiary without any seafarer/beneficiary without any contest and without any necessity of contest and without any necessity of proving fault or negligence on the part proving fault or negligence on the part of the seafarer. of the seafarer.

Page 69: Republic Act 10022

Such amount received by the uch amount received by the seafarer/beneficiary shall form part of and be seafarer/beneficiary shall form part of and be deducted from whatever benefits the deducted from whatever benefits the seafarer/beneficiary may be entitled to seafarer/beneficiary may be entitled to under the provisions of the POEA-Standard under the provisions of the POEA-Standard Employment Contract or collective Employment Contract or collective bargaining agreement (CBA). bargaining agreement (CBA). Any claim in Any claim in excess of the amount paid pursuant to the excess of the amount paid pursuant to the no contest, no fault or negligence provision no contest, no fault or negligence provision of this Section shall be determined in of this Section shall be determined in accordance with the POEA-SEC or CBA.accordance with the POEA-SEC or CBA.

Page 70: Republic Act 10022

Compulsory Insurance Compulsory Insurance CoverageCoverage

(d) Repatriation cost(d) Repatriation cost

Note: Rule XVI, Sec. 8 Documentary Requirement as per Note: Rule XVI, Sec. 8 Documentary Requirement as per IRR draftIRR draft

1.1. Certification stating reason for termination of Certification stating reason for termination of employment and the need for repatriation issued by employment and the need for repatriation issued by Philippine foreign post or POLO of receiving country;Philippine foreign post or POLO of receiving country;

2.2. Notice of Claim to Insurance provider. Notice of Claim to Insurance provider. ( Sec 6, IRR)( Sec 6, IRR)

Page 71: Republic Act 10022

Compulsory Insurance Compulsory Insurance CoverageCoverage

(e) Subsistence allowance(e) Subsistence allowance

- USD 100/month - USD 100/month

- maximum of 6 months- maximum of 6 months

Note: Rule XVI, Sec. 9 Documentary Requirement as per IRR Note: Rule XVI, Sec. 9 Documentary Requirement as per IRR draftdraft

1.1. Certification from Labor Attaché;Certification from Labor Attaché;2.2. Notice of Claim to Insurance provider.Notice of Claim to Insurance provider. ( Sec 6, IRR)( Sec 6, IRR)

Page 72: Republic Act 10022

Compulsory Insurance Compulsory Insurance CoverageCoverage

(f) Money claims(f) Money claims - equivalent to - equivalent to at least 3 months salaries for at least 3 months salaries for every year of the contractevery year of the contract

Note: Rule XVI, Sec. 10 Settlement of money claims Note: Rule XVI, Sec. 10 Settlement of money claims as per IRR draftas per IRR draft

1.1. Payment within 30 days from receipt of Writ of Payment within 30 days from receipt of Writ of Execution from NLRC.Execution from NLRC.

Page 73: Republic Act 10022

Compulsory Insurance Compulsory Insurance CoverageCoverage

(g) Compassionate visit(g) Compassionate visit - 1 - 1 family member or requested family member or requested individual when migrant worker individual when migrant worker is hospitalised and confined for is hospitalised and confined for at least 7 consecutive daysat least 7 consecutive days

Page 74: Republic Act 10022

Compulsory Insurance Compulsory Insurance CoverageCoverage

(h) Medical evacuation – when (h) Medical evacuation – when adequate medical facility is not adequate medical facility is not availableavailable

Page 75: Republic Act 10022

Compulsory Insurance Compulsory Insurance CoverageCoverage

(i) Medical repatriation(i) Medical repatriation - when - when necessary as determined by necessary as determined by the attending physician the attending physician