Abrand-new policy regime on the deployment of overseas Filipino workers (OFW), which allows employers to implement alternative work arrangements (AWA), as well as impose additional requirements for recruitment agencies will take effect amid the pandemic.
Under its Memorandum Circular (MC) 1, Series of 2021, the Philippine Overseas Employment Administration (POEA) authorized the AWA to prevent the possible displacement of OFWs during the ongoing novel coronavirus disease (Covid-19) health crisis.
It will apply to employers of all OFWs, except domestic workers or household service workers (HSWs).
The covered OFWs may be transferred to another branch or outlet of the employer accredited by POEA and assigned to other positions of function in the same branch they are currently working.
They may also have their usual work days reduced, undergo job rotation, and be covered by partial closure of their establishments.
POEA Administrator Bernard P. Olalia, however, stressed AWA will only be allowed if the concerned OFWs agree to the scheme and it will not result in demotion of their position, as well as diminution of their benefits if they will still be required to work in their normal work hours.
He said the foreign employers should also inform the Philippine Overseas Labor Office (POLO) about the scheme before it could be implemented.
New responsibilities
Likewise, the POEA also expanded the responsibilities of recruitment agencies, which are now mandated to provide the necessary information related to Covid-19 to their OFWs.
They will also have to make sure their OFWs have the necessary clearances, free Covid-19 testing, enhanced insurance to include force majeure and health issues at the jobsite.
The agencies must also guarantee the OFWs have leave credit entitlements; end of service entitlement (if applicable); and observe occupational health protocols, including provision of hygiene kits and personal protective equipment.
“The licensed Philippine recruitment agency, or the principal/employer shall shoulder the costs of quarantine upon arrival of the worker at the jobsite, which may include expenses for accommodation, food, Covid-19 test, and the cost of medical treatment if tested positive, among others,” Olalia said.
However, he added, OFWs will not be paid their salary while they are under quarantine unless otherwise provided by the principal/employer or mandated by the government of the country of destination.
The POEA chief said affected OFWs may utilize their leave credits to continue to be paid during their quarantine period.
1MC 1 will take effect 15 days after its publication in a newspaper of general circulation and filed with the National Administrative Register.
It will continue to take effect during the period of state of public health emergency under Proclamation 1021, Series of 2020.