2007 it was akeady reported that there are only 100 arbiters nationwide who can handle
only 30,000 of the 52,000 cases filed every year.
The POEA conciliation/mediation program can even put OFW victims at a
disadvantage. Once a victim has entered into settlement, he/she signs a waiver not to
pursue other remedies such as monetary claims of salaries and benefits with the NLRC.
The process can be so slow that OFW victims just either withdraw their case or accept
whatever one-sided settlement mayte reached during the conciliation.
V. Managing
Migration: Philippine and International Context
Labor export policy
One of the basic policies declared under Republic Act (RA) 8042 or the Migrant
Workers and Overseas Filipinos Act of 1995 (Magna Carta for Overseas Filipinos and
their Families) says: 'oWhile recognizing the significant contribution of Filipino migrant
workers to the national economy through their foreign exchange remittances, the State
does not promote overseas employment as a means to sustain economic growth and
achieve national development."
The law is moreover explicit that the existence of the overseas employment
program'tests solely on the assurance that the dignity and fundamental human rights and
freedoms of the Filipino citizens shall not, at any time, be compromised or violated". This
is understood as covering the following possible conditions in the receiving country:
having laws protective of workers' rights, having a bilateral agreement with the
Philippines, being signatory to the vital intemational conventions, recognizing the
Philippine government's standard employment contract, and otherwise taking positive
concrete measures to protect migrant workers. The state is also obliged to continuously
create local employment opportunities and promote the equitable distribution of wealth
and the benefits of development.
In practice however the government has for years promoted cheap labor export
contrary to the provisions of RA 8042. There has for instance apparently been loose
application of what is required of receiving countries with even just one of the conditions
being taken as sufficient guarantee. Last year also saw a notable step towards making
labor export policy even more explicit. The government issued Administrative Order
(AO) No. 247 n December 2008 which called for "crafting aggressive overseas
employment strategies that defy the trend of a constricting job market" and reoriented the
POEA from monitoring and regulation to active promotion of labor export.
There is even pending legislation to further institutionalize labor export such as
House Bill387 that liberalizes and accelerates the processing and deployment of overseas
Filipino workers. The explicit conceptual shift is significant and retrogressive in failing to
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