CMW/C/PHL/CO/3
Transfer of earnings and savings upon termination of stay
39.
The Committee recalls its previous recommendation13 and recommends that the
State party:
(a)
Review and finalize Senate Bill No. 1311 amending the Labour Code with
a view to replacing the provisions regarding mandatory remittance of earnings with
provisions facilitating the transfer of remittances by all categories of overseas Filipino
workers, sea- or land-based, as they desire;
(b)
Strengthen measures to lower remittance and transaction costs and
encourage overseas Filipino workers to transfer remittances through safe, formal and
productive channels, including e-banking with the Overseas Filipino Bank.
4.
Other rights of migrant workers and members of their families who are documented or
in a regular situation (arts. 36–56)
Pre-departure and the right to be informed
40.
The Committee is concerned that the pre-employment and pre-departure orientation
seminars for overseas Filipino workers insufficiently address:
(a)
The conditions of admission and employment and workers’ rights and
obligations under the law and practice of destination countries;
(b)
The government programmes and services, including mandatory benefits, to
which migrant workers are entitled;
(c)
The existence of available remedial mechanisms in the Philippines and
destination countries, including how to access them.
41.
The Committee recommends that the State party:
(a)
In consultation with – among others – relevant civil society organizations,
migrant workers and their families and recognized and reliable recruitment agencies,
develop targeted pre-departure and awareness-raising programmes to raise awareness
of their rights under the Convention, their conditions of admission and employment
and their rights and obligations under the law and practice of destination countries;
(b)
Take special measures, including through the use of social media, to reach
groups and individuals most susceptible to risks of gender-based violence, trafficking
and illegal recruitment, and specifically domestic migrant workers, to raise awareness
about indicators of abuse and violence and about available programmes and services
for overseas Filipino workers in distress, including complaint mechanisms.
Right to form trade unions
42.
In recalling its previous recommendation,14 the Committee urges the State party
to review and finalize Senate Bill No. 1311 amending the Labour Code to ensure that
its proposed provisions guarantee migrant workers the right to form and be a member
of the executive bodies of associations and unions for the promotion and protection of
their economic, social, cultural and other interests, in accordance with article 40 of the
Convention and the ILO Freedom of Association and Protection of the Right to
Organise Convention, 1948 (No. 87), which the State party has ratified.
Right to vote and to be elected in the State of origin
43.
The Committee welcomes the pilot measures successfully implemented to increase
the overseas voter turnout rate in the State party’s 2022 presidential elections. It is concerned,
however, that the Commission on Elections Office for Overseas Voting lacks the mandate
13
14
GE.23-08778
CMW/C/PHL/CO/2, para. 29.
Ibid., para. 37.
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