Friday, September 28, 2007
Bill - Hon. Ma. Princess S. Imbang
Republic of the Philippines
YOUTH CONGRESS
Baguio City
Introduced by: MA. PRINCESS S. IMBANG
EXPLANATORY NOTE
This bill seeks to repeal Section 29 and 30 of Republic Act No. 8042, otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995.” The deregulation of recruitment activities and the eventual phase out of the regulatory functions of the Philippine Overseas Employment Administration (POEA) as an ordered in Section 29 and 30 respectively of RA 8042 are aimed at providing opportunities for the overseas entertainment industry to run its own affair taking into consideration of the Overseas Performing Artists (OPAs) is a matter between the worker and his/her foreign employer insofar as deregulation is concerned.
The intensions of the said provisions are noble, however based on several reports; many OPAs never had a chance to talk directly with their foreign employers before the employment contract is agreed. Most of the time, their agents, talent managers, fixers, middlemen, etc. in connivance with the recruitment agencies, represent them without letting them know the real outcome of the agreement insofar as their salaries and remunerations are concerned. Many people take part of the OPAs salary. The recruitment agencies, talent managers, trainors, agents, fixers, middlemen, etc. receive commissions to be deducted by the OPAs salary making it almost half the amount left from the original contract. Most OPAs do not even have a copy of the employment contract they are entering into. Their talent managers are withholding their passports at any time during their stay here and foreign employers also do so while the OPAs are in Japan.
OPAs go abroad to earn a decent living so that they could help their families. But how can these people in the OPAs earn enough money when there are people exploiting and cheating them? I did this bill to put a stop on the exploitation of the OPAs and give the POEA more strong teeth to protect their welfare. By application, this is now a matter between and among the foreign employers and recruitment agencies, talent managers, agents, etc. except the worker or the OPAs. Allowing the entertainment industry to run its own affair as far as the deployment of the OPAs is concerned.
MA. PRINCESS S. IMBANG
Republic of the Philippines
YOUTH CONGRESS
Baguio City
Introduced by: MA. PRINCESS S. IMBANG
AN ACT
STRENGTHENING THE REGULATORY FUNCTIONS OF THE PHILIPPINES OVERSEAS EMPLOYMENT ADMINISTRATION (POEA) AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE “MIGRANT WORKERS AND OVERSEAS FILIPINOS ACTOF 1995”
Be it enacted by the Senate and the House of Representatives of the Congress of the Philippines in Session assembled:
Section 1. Short Title- This act shall be known as the “Migrant Workers and Overseas Filipinos Act Amendment.”
Section 2. Amendatory Provisions- 1.Section 23, paragraph (b.1) of Republic Act No. 8042 otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995” is hereby amended to read as follows:
“(b.1) Philippine Overseas Employment Administration- [Subject to deregulation and phase-out as provided under Sections 29 and 30, herein] The Administration shall regulate private sector participation in the recruitment and overseas placement of workers by setting up a licensing and registration system. It shall also formulate and implement in coordination with appropriate entities concerned, when necessary a system for monitoring and promoting the overseas employment of Filipino workers taking into consideration their welfare and the domestic manpower requirements.”
2. Section 29 of the same law is hereby repealed:
“[Sec. 29. Comprehensive Deregulation Plan on Recruitment Activities- Pursuant to a progressive policy of deregulation whereby the migration of workers becomes strictly a matter between the worker and his/her foreign employer, the DOLE, within one year from the effectivity of this act, is hereby mandated to formulate a five year comprehensive deregulation plan on recruitment activities taking into account labor market trends, economic conditions of the country and emerging circumstances which may effect the welfare of migrant workers.]”
3. Section 30 of the same law is hereby repealed:
“[Sec. 30. Gradual phase out of Regulatory Functions- Within a period of five years from the effectivity of this Act, the DOLE shall phase out the regulatory functions of the POEA pursuant to the objectives of deregulation.]”
Section 3. Repealing Clause- All laws, proclamations, executive orders, rules and regulations, or parts thereof, which are inconsistent, expressly or impliedly, with the provisions of this Act are hereby repealed, modified and amended accordingly.
Section 4. Separability Clause- If for any reason any section or provision of this Act is declared invalid or unconstitutional, the other sections or provisions hereof which are not affected thereby shall continue in full force and effect.
Section 5. Effectivity- This Act shall take effect fifteen days from its publication in newspaper of general circulation.
Approved,Labels: foreign affairs
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