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DEPARTMENT OF LABOR AND EMPLOYMENT _
Intramuros, Manila |
Republic of the Philippines @
(AB
DEPARTMENT ORDER No,_222 LEAS SNOP2L t42
Series of 2021
EXPANDED COMPULSARY INSURANCE COVERAGE FOR REHIRES
AND DIRECT HIRES
Whereas, the worsening Covid-19 pandemic, alongside the threats of various emerging
variants, continues to wreak havoc in the lives, safety and economy of all nations with
continual spikes of cases of death, afflictions, economic downtums, displacement,
unemployment and unprecedented challenges in all national transport and health delivery
systems and responses;
Whereas, only thirty-two percent (agency-hired workers) of the estimated ten million
overseas Filipino workers (OFWs) have adequate social protection as provided under the
provisions of Republic Act No. 10022 entitled AN ACT AMENDING REPUBLIC ACT NO.
8042, OTHERWISE KNOWN AS THE MIGRANT WORKERS AND OVERSEAS
FILIPINOS ACT OF 1995, AS AMENDED, FURTHER IMPROVING THE STANDARD OF
PROTECTION AND PROMOTION OF THE WELFARE OF MIGRANT WORKERS,
THEIR FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS, AND FOR OTHER
PURPOSES, leaving close to 70% of the OFW population uncovered and highly
vulnerable to various known risks and perils of host countries and work destinations;
Whereas, this Order seeks to forthwith extend, expand and strengthen this indispensable
mantle of protection to all OFWs during this current global health emergency crisis at no
cost to the worker, and also to other migrant workers based abroad under a residency
status granted by the host country if they may avail of such social insurance coverage
and which is completely consistent with current legislative initiatives bearing and
embracing the same purpose and objectives;
Pursuant to the rule-making power of the Secretary of the Department of Labor and
Employment (DOLE) under Article 5 of the Labor Code of the Philippines and in
accordance with Republic Act No. 8042, as amended, the following rules and regulations
are hereby issued for the compliance of all concemed:
Section. 1. Coverage. Each migrant worker deployed by a recruitment/manning agency
shall be covered by a compulsory insurance policy which shall be secured at no cost to
the said worker. Such insurance policy shall be effective for the duration of the migrant
worker's employment, and this shall include, at the minimum, the social protection
benefits enumerated under Section 23 of Republic Act 10022. This coverage shall include
all agency-hired workers and migrant workers classified as rehires.
Section 2. No Additional Cost to the OFW. Agency-hired workers shail continue to be
covered by this compulsory insurance policy, the cost of which is shouldered by the
recruitmen/manning agency as already provided in Republic Act No. 10022. In the case
of rehires, direct hires, and name hires and for their families, the cost or expense shall be
bore by their foreign employers or the workers themselves, subject to a complete refund
upon arrival of the OFW concemed at the worksite or country destinationSection 3. Availability of Expanded Insurance Coverage. Licensed Philippine
recruitmentmanning agencies and their principals/employers shall comply with this
directive, and shall also offer an enhanced insurance coverage, if available and approved
by the Insurance Commission, subject to the concurrence of the OFWs, that will include
acts or incidents considered as force majeure and all health issues, including all man-
made hazards and perils, at the worksite, in adcition to the minimum coverage already
provided under the compulsory insurance for agency-hired workers
Section 4.Insurance Coverage Participation. Only reputable private insurance
companies duly registered and currently accredited with the Insurance Commission (IC)
shall be qualified to provide for this OFW compulsory insurance coverage. The
qualifications and accreditation of participating insurers are in accordance with the
INSURANCE GUIDELINES (September 2010) on Rule XVI of the Omnibus Rules and
Regulations implementing Republic Act 8042, as amended by Republic Act 10022
Section 5. Non-Diminution of Benefits. Nothing herein shall be construed to authorize
diminution of benefits being enjoyed by the OFW at the time of issuance hereof.
Section 6. Applicability. This interim rule shall be implemented only during the period
of the current public health emergency being faced by all countries due to the raging
Covid-19 pandemic and the threats of other emerging infectious diseases as well as the
period of full completion and implementation of the national government's vaccination
program for all Filipino citizens. This Order may be extended for a longer period by this
Department as circumstances may warrant.
Section. 7. Separability Clause. If any or portion of this Order is declared void or
unconstitutional, the remaining portions or provisions hereof shall continue to be valid and
effective.
Section. 8. Effectivity. This Department Order shall be effective fifteen (15) days after
its public in a newspaper of general circulation
Manila, Philippines. 93 49V_ 2021
sl i O Ill
Secretar
ry
AVE G0
Dept. of Labor & Enptoynent
Ortice of the Secretory