The Department of Justice (DOJ) says the Philippine Overseas Employment Administration (POEA) can validly secure from private companies the insurance contracts for overseas Filipino workers (OFWs) who are hired and deployed under a government-to-government (G-to-G) arrangement,.
“There exists no legal or constitutional constraint for the procurement of an insurance policy from private insurance providers to cover for the money claims and repatriations costs of the workers hired under a G-to-G arrangement, provided, that, the premiums for such shall be drawn against the FEFG (Foreign Employers Guarantee Fund),” Justice Secretary Jesus Crispin Remulla said, in a legal opinion issued last July 19.
“The benefit of procuring an insurance policy for workers hired under a G-to-G arrangement is that it would address and cover their needs such as medical benefits, repatriation costs, and money claims, among others,” Remulla added.
The DOJ opinion was addressed to Undersecretary Bernardo Olalia of the Department of Migrant Workers (DMW).
“Similar to agency-hired OFWs, there is a need to ensure the protection of the interests and welfare of these G-to-G workers and their families, by way of securing an insurance contract, notwithstanding the execution of a bilateral agreement between the host and receiving States,” Remulla said.
The DMW sought the legal opinion, pointing out that the POEA, pursuant to Republic Act (RA) No. 10022 – the Migrant Workers and Overseas Filipino Act of 1995, “established the fund for workers hired under a G-to-G arrangement, wherein the employers are required to contribute to the FEGF prior to the worker’s departure.”
The DMW said a POEA’s technical working group (TWG) was drafting guidelines which include “procurement of an insurance policy for the G-to-G worker, which will cover both the money claims and repatriation cost” or “the claims of the workers will be drawn against the FEGF.”
“We believe that the procurement of an insurance policy from private insurance providers for workers hired and deployed under a government-to-government arrangement, with the premiums being charged against the FEGF, pursuant to Section 23, par. 9 of R.A. No. 10022, is valid,” Remulla said.
He pointed out that the insurance promotes the welfare and protects the rights and interests of our overseas workers.”
The Justice Secretary also reminded that the Constitution mandates “full protection to labor, local and overseas, organized and unorganized, and promotes full employment and equality of employment opportunities for all.”
He said the revised POEA rules and regulations governing The recruitment and employment of land-based Overseas Filipino Workers (OFWs) of 2016 states that the POEA will “protect every citizen desiring to work overseas by securing the best possible terms and conditions of employment” and pursue “the active participation of the private sector, the creation of an environment conducive to the overseas employment program in order to maximize opportunities for employment generation, facilitation, enhancement and preservation.”
“Based on these policies, the dignity and fundamental rights of OFWs in general, whether agency-hired or hired on government- to-government arrangement, should at all times be protected by securing the best possible terms and conditions of employment. Providing for the compulsory insurance coverage for agency-hired OFWs and the establishment of the FEGF for workers hired under a G-to-G arrangement concretizes the abovementioned policies,” he pointed out.