Global Forum on Migration and Development
Published on the Global Forum on Migration and Development Web Portal (https://www.gfmd.org)


Date Shared: 
Tuesday, April 2, 2019 - 18:08
Title: 

Joint and solidary liability between recruitment agencies and employers

Countries and areas: 
Philippines
Partner(s): 
National Government of the Philippines; Migrant Forum in Asia
Thematic Area: 
Rights of migrants
Tags: 
Migrants in Vulnerable Situations, Migrant Protection and Assistance, Decent Work, Labor Mobility, Empowerment and Rights of Migrants, Fair and Ethical Recruitment
Summary: 

Access to justice is one of the principal challenges faced by migrant workers. In many cases, abused or illegally dismissed workers find it difficult or even outright impossible to file and prosecute labor complaints against their foreign employers. Once employment is terminated, the migrant worker has very limited options. Oftentimes, they are deported or opt to return to the home country without receiving their unpaid salaries, benefits and other monetary claims.

Upon arrival in their home countries, migrant workers have no means to seek compensation from their abusive foreign employers. Having this scenario in mind, Philippine policy makers embodied in its laws the joint and solidary/several liability of recruitment/ placement agencies and the principal/employer for money claims of overseas Filipino workers to ensure that they can still prosecute their just claims against the foreign employer and the recruitment/placement agencies after they have returned to Philippines.

GFMD Source: 

GFMD 2019 - Thematic Workshop on GCM Implementation at the National Level

GFMD 2007- RT 1.3 'The role of other-than government partners in strengthening the developmental contribution of temporary labor migration.'

Link: 

For more information:

  • http://mfasia.org/migrantforumasia/wp-content/uploads/2015/06/policybrief_jointandseveralliability_winter2014.pdf

Source (retrieved on 12/29/2025 - 03:09): https://www.gfmd.org/pfp/ppd/11118