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									“Unilateral Approaches to Managing
  Movement and Stay of Temporary
      Workers: A Case Study of the
                          Philippines


        By Undersecretary DANILO P. CRUZ
 For the IOM-WB-WTO Trade and Migration Seminar
World Meteorological Organisation, Geneva, Switzerland
                 4-5 October 2004
 The decision to give in or not to the
  demands of the abductors was a very
  difficult decision for the government to
  make. But we have upheld our
  constitutional principle to serve and
  protect our people, wherever they may
  be .


               “What happened to
               Angelo dela Cruz?
We have about 8M OFWs
in more than 140
countries – these OFWs
are major contributors to
our economic
development and so we
need to serve and protect
them, wherever they may
be.
 Government Regulation on
     Overseas Employment:
1. licensing system (Act
   2486 of 1915)
2. Department Orders
   • minimum contract
      conditions
   • dollar remittances for
      salaries earned
      abroad
   • procedural rules and
      regulations
Overseas employment
             has evolved as a function of
              market growth over the past many
              years
             from being a mere stop-gap
              measure to alleviate local
              unemployment and generate
              foreign exchange to ease the
              balance of payments into a global
              reality that is to be managed with
              utmost regard for the welfare and
              protection of workers
             basically shaped by the
              international demand for foreign
              workers
         Managing
Overseas Migration
   Both sending and receiving
    countries have significant mutual
    interests related to migration
   Any joint management effort must
    support the democratic value of
    free movement and acknowledge
    the increasing desire of overseas
    migrants to participate in the
    activities, while respecting the
    right and obligation of states to
    control their activities.
The increasing number of Filipinos
overseas and the growing competition
have       pushed     the   Philippine
Government to intensify its efforts in
protecting them, for them to cope with
difficulties on site and upon their
return home.
Agencies that Cater to OFWs
Needs:
    Philippine Overseas
     Employment Administration
     (POEA)
    Overseas Workers Welfare
     Administration (OWWA)
   The best employment
    mechanism is to have a
    good welfare program for
    the OFWs and their families
    -- from their pre-departure
    up to their reintegration to
    the Philippine labour
    market or the economy as a
    whole.
Worker applicants
   submit authenticated
    certificates of employment
   actual trade/skills testing
   rigid medical examinations
   attend a Pre-Departure
    Orientation Seminar
    HIRING PROCESS
   Hiring starts with the documentation of
    employers through accredited documents
    verified   by     labor  officers   and
    authenticated by embassy officials
   Once accredited, they can now recruit
    workers
   Manpower requests are also verified,
    authenticated and sent to the Philippine
    Overseas Employment Agency
   Model        employment
    contracts have been
    developed based on
    region/country and skills
    taking into consideration:
   Filipino workers employment
   Host country’s peculiarities at
    the job site
   Labor      regulations     and
    prevailing practices of host
    country
“Full disclosure” policy
                   based on the
                    premise that in a
                    free and open
                    society, information
                    is the best weapon
                    to protect workers
                    and manage the
                    tide of migrant
                    workers.
 Foreign employer‟s
  accreditation is required
  to ascertain the
  existence of the
  principal/project and its
  manpower requirement.
 Labor Attaches and
  welfare officers respond
  to and monitor
  problems, complaints
  and queries of overseas
  workers and their
  families.
   Doctors were
    deployed to assist
    our overseas labor
    offices in
    responding to the
    workers‟ medical
    and psycho-social
    problems
   Network of resource
    centers for improved
    program and service delivery
    relative to the protection and
    promotion of workers welfare
    and interests, and to assist
    them prepare plans re type
    of economic activity they can
    pursue upon their eventual
    return to the Philippines
      business counseling
      skills training programs
Continuous Efforts at Forging or
Upgrading Arrangements with Host
Countries    Enable the country to attend
                  effectively to workers’ complaints
                  and problems, making workers
                  less vulnerable during their stay
                  abroad.
                 Commonly feature the promotion
                  of the protection and welfare of
                  OFWs, observance of terms and
                  conditions of the employment
                  contracts, as well as provisions
                  for further enhancement of
                  agreements.
 Marketing and welfare missions
  to host countries
 Provision of mandatory life and
  personal accident protection at
  no additional cost to the workers
  on a per contract basis
 OFW Flexi-Fund Program - as a
  retirement protection scheme
   Intensified skills training activities
    and continuously develop training
    programs that correspond to the
    demands of the labour market
   For seafarers, skills upgrading is
    supported by the Coast Guard,
    Maritime Industry Authority,
    Commission of Higher Education
    and Technical Education and Skills
    Authority
   Overseas performing artists (OPAs)
    are required to undergo training and
    testing and secure Artist Record
    Book (ARB) prior to their
    deployment to help upgrade the
    quality of entertainers going
    overseas and to help minimize
    trafficking of women.
   One-Stop Processing Center to
    simplify the documentation process
   OFW E-Card is a permanent
    identification card for all
    OFWs
     proof of being a legal OFW and
      a member of OWWA
     Overseas Employment
      Certificate
     To avail travel tax exemptions
     Can act as an international ATM
      card
Ensuring economic security of
OFWs
              Counseling to OFWs and family
              Skills training
              Information on savings and
               investment options;
              Business development and
               livelihood assistance such as
               market linkages, product
               development, technology
               transfer, skills and
               entrepreneurial trainings,
               consultancy, credit and micro-
               finance;
Family Circles
                the springboard for their
                 empowerment, as there is
                 always strength in numbers;
                the bridge to facilitate faster
                 repatriation of OFWs when the
                 need arises;
                the vehicle in providing
                 psycho-social services to the
                 Balik-Manggagawa for a
                 smoother reunion with their
                 respective families.
   Interactive databases
    contains the list of job
    vacancies, recruitment
    agencies, etc
   POEA SMS Service
      inquiry about
       recruitment agencies,
       job vacancies and
       other information on
       POEA and overseas
       employment
Reintegration Programs for
Returning OFWs
                    to maximize the gains
                     of overseas
                     employment by
                     motivating and
                     counselling them to
                     plan for productive
                     options
   „Kabayanihan‟ or
    the „Kabayan-
    Bayani-Bayanihan‟
    is an integration of
    the welfare and
    social program
    packages OFWs
    and their families
   Mechanism with a built-in
    safety net minimizes, if not
    prevents, possible huge costs
    that may be incurred by OFWs
    and the government
   Integrated system and
    the regulatory systems
    in place ensure them
    that these workers are
    coming home after the
    duration of their
    contracts.
Approaches to the labour
migration management:
                 Enhancing the
                  competitiveness
                  of labour
                 Empowering of
                  labour
                 Ensuring their
                  welfare and
                  protection
Enhancing competitiveness
 Explore and develop more and better
  markets for overseas employment
 Ensure that the OFWs are qualitatively at
  par with, if not superior to, their foreign
  counterparts
Empowering OFWs

                     OFWs as
                      agents of
                      development
                     Enabling tool
                      to help act on
                      their own
                      choice
Overseas employment
           empowered workers financially;
           provided workers with enough
            earning potential that predisposes
            the government to encourage
            them to invest strategically in
            small and medium scale
            enterprises;
           empowered workers
            professionally to enable them to
            acquire information and skills that
            the government is keen on
            harnessing under its reintegration
            program.
DOLE

								
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