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Section 2. Obligation to Advance Repatriation Costs - Migrant Workers and Overseas Filipinos Act

Section 2. Obligation to Advance Repatriation Costs of Migrant Workers and Overseas Filipinos Act. Section 2. Obligation to Advance Repatriation Costs. Notwithstanding the provisions of Section 37-A of the Act, the primary responsibility to rep

  • Subjects 9 Bar syllabus groups
  • Codals 48 Primary legal sources

Migrant Workers and Overseas Filipinos Act

Section 2. Obligation to Advance Repatriation Costs.

Notwithstanding the provisions of Section 37-A of the Act, the primary responsibility to repatriate entails the obligation on the part of the principal or agency to advance the repatriation and other attendant costs, including plane fare, deployment cost of the principal, and immigration fines and penalties, to immediately repatriate the worker should the need for it arise, without a prior determination of the cause of the termination of the worker's employment. However, after the worker has returned to the country, the principal or agency may recover the cost of repatriation from the worker if the termination of employment was due solely to his/her fault.

In countries where there is a need to secure an exit visa for the worker's repatriation, the principal or employer shall be primarily responsible for securing the visa at no cost to the worker. The agency shall coordinate with the principal or employer in securing the visa.

Every contract for overseas employment shall provide for the primary responsibility of the principal or employer and agency to advance the cost of plane fare, and the obligation of the worker to refund the cost thereof in case his/her fault is determined by the Labor Arbiter.

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