An assessment of the police power exercised by the states and the right to work bequeathed upon the overseas Filipino workers

• Main Authors: Gaddi, Ralyana Knushara M., Mercado, Patricia Anne C.
• Format: text
• Language: English
• Published: Animo Repository 2014
• Subjects: Right to labor > Philippines; Foreign workers, Filipino—Legal status, laws, etc.; Labor and Employment Law; Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5437
• Institution: De La Salle University

Since time immemorial, several Filipinos have attempted to seek better employment opportunities abroad. These people are referred to as overseas Filipino workers (OFWs). The number of OFWs has increased throughout the years. Unfortunately, these OFWs became prone to abuse and discrimination in their corresponding workplaces. In line with the rampant abuses, the administration of the late President Corazon C. Aquino suspended the deployment of female domestic workers. Although this had the best intentions, it imposed an apparent inconsistency between the concept of the police power of the State and the rights of these OFWs. The authors intended to resolve the intensions between the concept of police power to foster common good and the OFWs' right to work. The scope and limitation of this research were taken into consideration in arriving at the results. Upon acquiring the findings, it was concluded that indeed there has been a discrepancy between the concept of the police power and the right of the affected workers. This conclusion was justified by the analysis of facts, laws, and conventions regarding the police power and rights of workers. To tie it all up, the proponents recommended the development of a new law promulgating the requisites in determining whether or not a suspension of deployment of OFWs may be implemented. With this, the need for suspension of deployment in future circumstance and undertakings would be closely examined and applied to the proposed qualifications first before such suspension should be carried out.