Labor Law and Social Legislation › Recruitment and Placement › Overseas Employment (RA 8042, as amended by RA 10022)
1. Migrant Worker or Overseas Filipino Worker
Overseas Filipino Worker/Migrant Worker –
a person who is to be engaged, is engaged, or has been engaged in a remunerated activity:
- in a state of which he or she is not a citizen, or
- on board a vessel navigating the foreign seas other than a government ship used for military or noncommercial purposes, or
- on an installation located offshore or on the high seas [Sec. 3(a), RA 8042, as amended].
Requisites for a valid quitclaim of an OFW (FB-TESS)
- Fixed amount as full and final compensation
- The Benefits of the OFW and corresponding monetary amounts which he is giving up for the compromised amount
- A statement that the quitclaim and its nature and consequences have been Explained to him in a language or dialect he understands
- A statement that the quitclaim has been signed knowingly and voluntarily and consent was without Threat or other undue influence
- Signed by two (2) witnesses who can attest to the execution
- Subscribed and sworn to (EDI-Staffbuilders International, Inc. vs. National Labor Relations Commission, 537 SCRA 409, 2007)
Venue of Criminal Action
Venue of a Criminal Action Arising from Illegal Recruitment under R.A. No. 8042
The complainant in a criminal action arising from illegal recruitment, may, at his option, file at the RTC of the province or city:
- Where the offense was committed; or
- Where the offended party resides at the time of the commission of the offense (R.A. No. 8042, Sec. 9)