Policies of the Department of Migrant Workers (Republic Act No. 11641) | 12 July 2024

The Department of Migrant Workers (DMW) is mandated to protect the rights and promote the welfare of Overseas Filipino Workers (OFWs). To do so, it is the policy DMW to:

The Department of Migrant Workers (DMW) is mandated to protect the rights and promote the welfare of Overseas Filipino Workers (OFWs). To do so, it is the policy DMW to:

(a)  Ensure that private recruitment shall meet professional, legal and ethics standards;

(b)  Obtain the best possible conditions of work that uphold the dignity of OFWs;

(c)   Provide timely and responsive services to address their needs regardless of legal status;

(d)  Ensure their participation in the formulation of policies affecting their welfare; and

(e)  Provide mechanisms for skills development and reintegration. (Section 2, Republic Act No. 11641 or the Department of Migrant Workers Act)

The petitioner did not establish with substantial evidence her employment with M.I.Y. The Supreme Court ruled that the existence of an employer-employee relationship is determined by employing a two-tiered test: the four-fold test and the economic dependence test. The petitioner failed to establish the four-factors in the four-fold test. Subsequently, the Court only applies the economic dependence test when the control test is insufficient.

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