OFWS enjoy full protection by Philippine labor laws abroad?

If you ask some recruiters and other parties deploying Filipino migrant workers abroad, they might tell you (out of malice or pure ignorance) that Philippine labor laws are applicable only in Philippine territory, that it is invalid where that OFW is working.

That belief is both right and wrong, true and false. It is right if a Filipino works abroad without having his contract signed in the Philippines. That statement is wrong if the OFW went through proper procedures and had his contract processed through the Labor attaché and POEA. This is something OFWs should know. I am writing another book, this time on 12 million OFWs in 200 countries.

OFWs who followed correct procedures enjoy the full protection of Philippine law, even if he dies abroad. These OFWs enjoy security of tenure, just and humane working conditions. The Supreme Court reiterated this doctrine in the case of Rutcher Dagasdas vs. Grand Placement. The international legal doctrine of “lex loci contractus” applies to OFWs. It means that the laws of the country where the employment contract was signed is applicable anywhere in the world. That is why OFWs must ensure their contracts are signed here, attested by both the Labor attaché and the POEA.

OFWs who behave as if they know better than their government just go online and get hired. Then they fly abroad to rendezvous with their employers who are actually some disguised international rings of traffickers and illegal recruiters from the dark world of Sarimao. Lo and behold, if they are hoodwinked, misled, and defrauded, Philippine laws cannot protect them as effectively because they signed their contract (if at all, many are not covered by documents) abroad. It is the law of the country where the contract is signed that governs.

As a former Labor attaché to Malaysia, Kuwait, and Taiwan, and former DOLE undersecretary, Labor arbiter, and with decades of experience as a lawyer, I have personal knowledge of many tragic stories of illegal recruitment and trafficking. I am going around the country warning people not to fall prey to the importunings of sharks and crocodiles in the recruitment business. If you are ignorant, you can ask DOLE, POEA, OWWA, and the Labor attachés. You can visit the websites of these agencies and the embassies and consulates of all DFA missions. I ask you read the Dagsdas case and learn from the experts and those who want to help and not victimize you.

The world, to paraphrase Carmi Martin is like a big Quiapo, (usa ka dakong dakbayan sa mga buaya) with thousands of scoundrels, scalawags, and rascals. Protect yourself from wolves in sheep's clothing. The smiling person next to you may be your victimizer. Be careful.