Group Work || OFWs in ASEAN Countries

For how many decades now, the Philippines has been sending nationals to the different parts of the world as human capital or as Overseas Filipino Workers. According to the Labor Code Provisions on Overseas employment, workers are those members of the labor force employed of unemployed. Any citizen then that is considered in the definition can be considered an OFW whether or not the purpose of migration is for work or not. It is the responsibility of the government to protect its nationals wherever they may be in the world. Protection of Nationals will be efficient only if the laws are enacted well from the very start of the process, before even one can go out of the country. The formulation of the group’s foreign policy however, will only focus on implementation of laws and protection of nationals in countries which are member states of the ASEAN.

Philippines is one of the pioneer countries in the Association of South East Asian Nations (ASEAN) together with Indonesia, Malaysia, Singapore and Thailand. As of today, Brunei, Myanmar, Cambodia, Lao DPR and Vietnam are already part of ASEAN. The organization aims to promote economic integration, social progress and cultural development within the member states. In general, the ASEAN aims to promote peace and stability within the region.

Considering the aims of the regional group, the Philippines is expected to have a good relationship with the member states of ASEAN and vice-versa. The friendly relations should then cover the respect for domestic laws of each country especially on overseas employment. Major questions would be: Are Philippine laws when it comes to overseas hiring/recruitment properly implemented? Are countries in ASEAN aware of the laws? Are the embassies in the countries of ASEAN able to trace violations of Philippine laws when it comes to labor employment? Article 18 of Philippines’ Labor Code says that “No employer may hire a Filipino worker for overseas employment except through the Boards and entities authorized by the Secretary of Labor. Direct-hiring by members of the diplomatic corps, international organizations and such other employers as may be allowed by the Secretary of Labor is exempted from this provision.” However, according to research, in general, this hiring law would not work due to several reasons. One major consideration would be, Filipinos do not need visas (good for two weeks) in able to visit countries in the ASEAN as it is part of an agreement. How then will the government know the genuine purpose of one in visiting a country in ASEAN? Will they automatically know of a person has extended his/her stay? Giving a concrete situation: When a Filipino “tourist” visits an ASEAN country and decides to work there after a company offers a good salary; will the Philippine government know that such thing happened and it is considered direct hiring? The main rationale of Article 18 says that “direct hiring affords no protection to OFWs – there is no joint and solitary liability between the recruitment agency and the employer, no POEA-approved contract containing the required minimum standards, and there was no bond posted by a recruitment agency.”

Due to issues on laws that are supposed to be properly and strictly implemented and the danger it gives to our nationals, the group has decided to have this foreign policy:
“Labor Code Provisions on Overseas Employment specifically Article 18 will be given emphasis to help the government protect Philippine nationals from further crimes and human rights violation.”