Filipino workers looking to pursue opportunities abroad must understand the importance of a valid employment contract. The Department of Migrant Workers (DMW) ensures that all Overseas Filipino Workers (OFWs) are protected through properly documented, verified, and approved employment contracts. Here’s a quick guide to some of the most frequently asked questions (FAQs) about overseas employment contracts.
๐ญ. ๐ช๐ต๐ฎ๐ ๐ถ๐ ๐ฎ๐ป ๐ฒ๐บ๐ฝ๐น๐ผ๐๐บ๐ฒ๐ป๐ ๐ฐ๐ผ๐ป๐๐ฟ๐ฎ๐ฐ๐ ๐ณ๐ผ๐ฟ ๐๐ผ๐ฟ๐ธ๐ถ๐ป๐ด ๐ฎ๐ฏ๐ฟ๐ผ๐ฎ๐ฑ?
An employment contract is a legally binding agreement between a foreign employer and a worker that outlines the terms and conditions of employment, including job responsibilities, salary, working hours, duration, benefits, and termination clauses. This contract must comply with the minimum labor standards set by the Philippine government and the host country.
๐ฎ. ๐ช๐ต๐ ๐ถ๐ ๐ถ๐ ๐ถ๐บ๐ฝ๐ผ๐ฟ๐๐ฎ๐ป๐ ๐ณ๐ผ๐ฟ ๐ข๐๐ช๐ ๐๐ผ ๐ต๐ฎ๐๐ฒ ๐ฎ ๐๐ฒ๐ฟ๐ถ๐ณ๐ถ๐ฒ๐ฑ ๐ฒ๐บ๐ฝ๐น๐ผ๐๐บ๐ฒ๐ป๐ ๐ฐ๐ผ๐ป๐๐ฟ๐ฎ๐ฐ๐?
A verified employment contract protects the rights and welfare of OFWs by:
– Ensuring that contract terms are fair and not exploitative.
– Allowing the DMW and Migrant Workers (MWO) to monitor employer compliance.
– Serving as a basis for legal recourse in cases of contract violations or abuse.
– Being a requirement for OEC (Overseas Employment Certificate) issuance.
๐ฏ. ๐ช๐ต๐ฎ๐ ๐ฎ๐ฟ๐ฒ ๐๐ต๐ฒ ๐ธ๐ฒ๐ ๐ฐ๐ผ๐บ๐ฝ๐ผ๐ป๐ฒ๐ป๐๐ ๐ผ๐ณ ๐ฎ ๐๐๐ฎ๐ป๐ฑ๐ฎ๐ฟ๐ฑ ๐ผ๐๐ฒ๐ฟ๐๐ฒ๐ฎ๐ ๐ฒ๐บ๐ฝ๐น๐ผ๐๐บ๐ฒ๐ป๐ ๐ฐ๐ผ๐ป๐๐ฟ๐ฎ๐ฐ๐?
A DMW-compliant contract usually includes:
– Job title and description
– Monthly salary (at least the minimum wage in the host country)
– Number of working hours
– Provisions for food and accommodation
– Duration of employment (usually 1-2 years)
– Medical insurance and work-related injury coverage
– Repatriation in case of termination or emergencies
– Just causes for termination (for both employer and employee)
๐ฐ. ๐ช๐ต๐ผ ๐๐ฒ๐ฟ๐ถ๐ณ๐ถ๐ฒ๐ ๐๐ต๐ฒ ๐ฒ๐บ๐ฝ๐น๐ผ๐๐บ๐ฒ๐ป๐ ๐ฐ๐ผ๐ป๐๐ฟ๐ฎ๐ฐ๐?
Employment contracts are verified by the Philippine Overseas Labor Office (MWO / Philippine Embassy) located in the country where the worker will be deployed. If there is no MWO / Philippine Embassy in the host country, verification may be handled by the nearest MWO / Philippine Embassy.
๐ฑ. ๐๐ฎ๐ป ๐ฎ ๐๐ผ๐ฟ๐ธ๐ฒ๐ฟ ๐น๐ฒ๐ฎ๐๐ฒ ๐๐ถ๐๐ต๐ผ๐๐ ๐ฎ ๐๐ฒ๐ฟ๐ถ๐ณ๐ถ๐ฒ๐ฑ ๐ฒ๐บ๐ฝ๐น๐ผ๐๐บ๐ฒ๐ป๐ ๐ฐ๐ผ๐ป๐๐ฟ๐ฎ๐ฐ๐?
No. The DMW requires a verified and approved employment contract before an OEC can be issued. Without an OEC, the worker will not be allowed to depart legally from the Philippines and will not be considered an officially documented OFW.
๐ฒ. ๐ช๐ต๐ฎ๐ ๐ถ๐ ๐๐ต๐ฒ ๐ฟ๐ผ๐น๐ฒ ๐ผ๐ณ ๐ฎ ๐ฟ๐ฒ๐ฐ๐ฟ๐๐ถ๐๐บ๐ฒ๐ป๐ ๐ฎ๐ด๐ฒ๐ป๐ฐ๐ ๐ถ๐ป ๐๐ต๐ฒ ๐ฒ๐บ๐ฝ๐น๐ผ๐๐บ๐ฒ๐ป๐ ๐ฐ๐ผ๐ป๐๐ฟ๐ฎ๐ฐ๐?
Licensed recruitment agencies accredited by the DMW must:
– Ensure that contracts are in line with Philippine labor standards
– Facilitate the signing and verification of the contract
– Assist workers in understanding their rights and obligations
– Handle disputes or concerns related to the contract or employer
๐ณ. ๐๐ฎ๐ป ๐ฎ๐ป ๐ฒ๐บ๐ฝ๐น๐ผ๐๐บ๐ฒ๐ป๐ ๐ฐ๐ผ๐ป๐๐ฟ๐ฎ๐ฐ๐ ๐ฏ๐ฒ ๐ฐ๐ต๐ฎ๐ป๐ด๐ฒ๐ฑ ๐ฎ๐ณ๐๐ฒ๐ฟ ๐ฑ๐ฒ๐ฝ๐น๐ผ๐๐บ๐ฒ๐ป๐?
Changes in the contract (e.g., lower salary, different job role) without the workerโs informed consent and DMW approval are considered illegal. OFWs should report contract substitution or violations to the MWO / Philippine Embassy, or the DMW immediately.
๐ด. ๐ช๐ต๐ฎ๐ ๐๐ต๐ผ๐๐น๐ฑ ๐ฎ ๐๐ผ๐ฟ๐ธ๐ฒ๐ฟ ๐ฑ๐ผ ๐ฏ๐ฒ๐ณ๐ผ๐ฟ๐ฒ ๐๐ถ๐ด๐ป๐ถ๐ป๐ด ๐๐ต๐ฒ ๐ฐ๐ผ๐ป๐๐ฟ๐ฎ๐ฐ๐?
Before signing, workers should:
– Read and understand every provision
– Ask questions about unclear terms
– Verify that the salary and benefits match what was promised
– Check that the employer is legitimate and accredited by the DMW
– Attend the Pre-Employment Orientation Seminar (PEOS) and Pre-Departure Orientation Seminar (PDOS)
๐ต. ๐ช๐ต๐ฎ๐ ๐ต๐ฎ๐ฝ๐ฝ๐ฒ๐ป๐ ๐ถ๐ณ ๐๐ต๐ฒ ๐ฒ๐บ๐ฝ๐น๐ผ๐๐ฒ๐ฟ ๐๐ถ๐ผ๐น๐ฎ๐๐ฒ๐ ๐๐ต๐ฒ ๐ฐ๐ผ๐ป๐๐ฟ๐ฎ๐ฐ๐?
OFWs should:
– Immediately report to the MWO or embassy.
– Keep copies of the contract, pay slips, and related documents.
– Seek assistance for repatriation, legal aid, or filing complaints through your Philippine Recruitment Agency.
๐๐ถ๐ป๐ฎ๐น ๐ฅ๐ฒ๐บ๐ถ๐ป๐ฑ๐ฒ๐ฟ๐:
The employment contract is your first line of protection as an OFW. Never agree to leave the country without one. Always go through legal and documented channels for overseas work. The DMW, MWO, and other government agencies are there to ensure that your rights are protected while working abroad.
Reference:
Department of Migrant Workers (DMW)
– Joana D. and Tina G.
