may be incurred by the OFW-HSW. For acceptable medical reasons, the HSW
shall be allowed to rest and shall continue to receive his/her salary.
(c)
In the POEA-SEC for Household Service Workers Bound For
Jordan88, the employer is required to obtain a medical, life, accident and
repatriation insurance for the OFW-HSW.
In the absence of a contractual stipulation for compensation or benefits for workrelated injury, illness, and death in the standard employment contracts for land-based OFWs,
is there legal basis to claim for damages for work-related injury, illness, and death under
Section 10 of R. A. 8042, as amended?
Section 10 of Republic Act No. 8042, as amended, read as follows:
"SEC. 10. Money Claims. - Notwithstanding any provision of law to the
contrary, the Labor Arbiters of the National Labor Relations Commission
(NLRC) shall have the original and exclusive jurisdiction to hear and decide,
within ninety (90) calendar days after the filing of the complaint, the claims
arising out of an employer-employee relationship or by virtue of any law or
contract involving Filipino workers for overseas deployment including claims
for actual, moral, exemplary and other forms of damage. Consistent with this
mandate, the NLRC shall endeavor to update and keep abreast with the
developments in the global services industry.
"The liability of the principal/employer and the recruitment/placement agency
for any and all claims under this section shall be joint and several. This
provision shall be incorporated in the contract for overseas employment and
shall be a condition precedent for its approval. The performance bond to be
filed by the recruitment/placement agency, as provided by law, shall be
answerable for all money claims or damages that may be awarded to the
workers. If the recruitment/placement agency is a juridical being, the corporate
officers and directors and partners as the case may be, shall themselves be
jointly and solidarily liable with the corporation or partnership for the
aforesaid claims and damages.
"Such liabilities shall continue during the entire period or duration of the
employment contract and shall not be affected by any substitution, amendment
or modification made locally or in a foreign country of the said contract.
"Any compromise/amicable settlement or voluntary agreement on money
claims inclusive of damages under this section shall be paid within thirty (30)
days from approval of the settlement by the appropriate authority.
"In case of termination of overseas employment without just, valid or
authorized cause as defined by law or contract, or any unauthorized deductions
from the migrant worker's salary, the worker shall be entitled to the full
88
Section 3(j) of the POEA-SEC for Household Service Workers Bound For Jordan available at
http://www.poea.gov.ph/docs/sec_jordan_2013.pdf
51
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