[ POEA MEMORANDUM CIRCULAR NO. 45, S. 1995, July 14, 1995 ]

ABOLITION OF REPATRIATION BOND FOR ALL OCWS



Pursuant to Republic Act No. 8042 otherwise known as Migrant Workers and overseas Filipinos Act of 1995 which has become effective on 15 July 1995, all departing OCWs are no longer required the coverage of Repatriation Bond under Section 36, abolishing repatriation bond. Under the New Act, the manner of repatriation of workers shall be implemented as provided under Section 15, to wit:

"SECTION 15. REPATRIATION OF WORKERS; EMERGENCY REPATRIATION FUND - The repatriation of the workers and the transport of his personal belongings shall be the primary responsibility of the agency which recruited or deployed the worker overseas. All costs attendant to repatriation shall be borne by or charged to the agency concerned and/or its principal. Likewise, the repatriation of remains and transport of the personal belongings of a deceased worker and all costs attendant thereto shall be borne by the principal and/or the local agency. However, in cases where the termination of employment is due solely to the fault of the worker, the principal employment or agency shall not in any manner be responsible for the repatriation of the former and/or his belongings."

In view of the aforementioned provisions of RA No. 8042, all concerned are hereby advised to be guided accordingly.

Adopted: 14 July 1995

(SGD.) FELICISIMO O. JOSON
Administrator