OBJECTIVE Provide :

1. Immediate and appropriate legal assistance 2. Reintegration and after care assistance for victims and their families.  

SCOPE Administrative Complaints

Violations :

POEA Rules PRPA Rules Rules on Child Labor Labor Standards

Criminal Complaints Trafficking in Persons

Illegal Recruitment by POEA licensed agencies Illegal Recruitment by non licensees Violation of child labor Estafa/Fraud/Deceit

SCOPE

SOURCES OF CASES

A. Philippine Overseas Labor Office (POLO)

B. POEA or DOLE

Regional/ Field Offices

PROCEDURAL STEPS

Receipt and Preliminary Evaluation

1. Formal Complaint

Focal Person determines the sufficiency of complaint

Within 24 hours from receipt

Criteria:•Name and address of complainant/s •Name and address of offenders respondent/s

o if juridical persons, the name of responsible officer/s be individually indicated

• Acts or omissions complained of constituting the offense

OFFENSE: Requisites of TIP of Trafficking in of Trafficking in Persons

OFFENSE : Requisites of IR

ILLEGAL RECRUITMENT Art. 38. Illegal Recruitment – any

recruitment activity, including the prohibited activities enumerated under Art. 34 of the Labor Code, to be undertaken by non-licensees or non- holders of authority shall be deemed illegal and punishable under Art. 39 of the Labor Code.

Prohibited Practices a. Over- charging of fees/illegal

exactionallowed placement fee -

20% first month basic salary

allowed service fee - 20% annual basic salary

b. Misrepresentation in relation to recruitment and placement

Cont. c. Misrepresentation in securing

license .d. Inducement or attempting to

induce a worker to quit employment in order to offer him to another.

Except:- to liberate the worker from

an oppressive terms and conditions of employment.

e. Influencing or attempting to influence a person/ entity not to hire/employ a worker who did not apply for

employment through his agency.

f. Engagement in recruitment/ placement of workers in jobs harmful to public health, morality or dignity of the country.

Cont. h. Obstruction/attempt to obstruct

inspection by the DOLE Secretary/ authorized representatives.

Art. 37. Visitorial Power of the Secretary

Sec. 59. of IRR of PRPA

h. Failure to submit reports

OFFENSE : Child Labor

Act of trading and dealing such as the act of buying and selling of a child for money or for any other consideration or barter (RA 7610)

Republic Act 9231Engagement of children in slavery or practices similar to slaveryUsing, procuring or offering child for pornography or Illegal activities Employment of child in a work

which is hazardous or likely to be harmful to health, safety or morals of children

Criteria: cont.

Date, place and approximate time the commission of the acts complainedAmount exacted and place of paymentRelief sought and other allegations by way of particulars

Require the attachment of pertinent documents such as: photos, receipts, vouchers and other useful documents

2.Personal appearance of complainants /victims Focal Person shall: conduct preliminary interview by propounding clarificatory questions.

Examples: How did the victim meet the

recruiter respondent/s? Was the recruiter authorized

to recruit? What was the agreement? What were the working

conditions? Was the person allowed to

move freely?

Secure witnesses’ statement and photocopies of documents

Facilitate the execution of complaint-affidavit or accomplishment of the standard form.

3. Informal complaint

Focal person immediately conducts thorough preliminary evaluation of the documents based on the criteria for determining the sufficiency of complaint

Storage of complaint

Complaint has no legal or factual basis for the institution of appropriate action

Case is appropriately handled by other Department or Office.

Focal person shall coordinate with other concerned agencies for the provision of assistance such as:

legal counsellingrescue and shelter of

victims other available support

Applicability of procedureThe procedure shall be adopted to cases on: Trafficking in PersonsIllegal Recruitment

In child labor cases, the Flowchart 1 indicated in the Manual on Child Labor shall be followed.

INSPECTION

Regional Director shall motu proprio order conduct of inspection of establishment :

warranted by circumstances by the labor inspector and focal personwithin 24 hours from issuance of authority

Inspector submits a report-affidavit to the Regional Director within 48 hours from its termination.

Regional Director shall issue closure order in child labor cases involving grave physical injury or prostitution based on RA 9231 and Sec. 21 of D.O 65-04

SURVEILLANCEFocal Person coordinates with members of IACAT, PTFAIR or other law enforcement agencies for the conduct of surveillance of the premises , if necessary, in case that:

trafficking in persons or illegal recruitment is actually committed or being committed upon initial review complaint is sufficient to charge the offenders for such violations.

Focal person must ensure a case build up to support filing of criminal charge through: preparation of witness written statements gathering of documentary evidence

Regional Director may conduct ex parte preliminary examination to determine the activities of non licensee that constitute danger to national security, public order or further exploitation of jobseekers by:

asking personally the complainants and/or witnesses clarificatory questions

taking their testimony in writing and under oath attested by an authorized person.

Focal person shall coordinate, seek assistance or support of law enforcement agencies in case illegal recruitment is committed or actually committed by private individuals.

Regional Director or authorized representative shall issue a written closure order if he is satisfied that establishment is used for illegal recruitment activity based on : surveillance report preliminary examination danger of exploitation

Secretary of Labor or Regional Director shall likewise recommend to the local government authority the cancellation /revocation of the license or permit to operate business.

Designated Sheriff shall serve the closure order to the offender or the person in charge of the establishment assisted by law enforcement agencies, if necessary.

ENTRAPMENT and ARREST

Focal Person coordinates with law enforcement agencies for the conduct of entrapment operation and arrest of offenders.

Evidence to be secured in TIP or IR cases:license to recruit, if anyadvertisements, flyers

documents computer, accessories

disks and files forensic examination report /

expert testimony

Regional Director shall immediately issue a cease and order (CDO) upon confirmation of illegal recruitment activities.

End of Presentation

Focal Person : 1. Identify the types of assistance needed by the victims and their families in the following form:

legal counselling provided by the DOLE lawyers

livelihood assistance under the DOLE Integrated Livelihood Program (DILP)

job search assistance

2. Monitor the number of :victims referred for psychosocial counselling, legal assistance, job referral and placement for local employment. victims/family members provided witholivelihood assistance and income generated thereofoskills training and upgrading

3. Maintain records of assisted victims

4. Submit reports to the Secretary

Focal person or record officer shall register the complaint by indicating the complete case number.

Suggested Docket Case No (DCN) Complaint No NCR - IR -2012-00-0001-MTPLComplaint No NCR -TIP-2012-00- 0001- MTPLComplaint No NCR - CL-2012-00-0001-MTPL

NCR – Region IR/TIP/CL – Case2012 – Year filed with

DOLE RO/FO00 – Month 0001 - Case No. MTPL – Field office

LEGAL ASSISTANCE AND COUNSELLING

TOWARDS THE FILING OF THE CASE

Legal Assistance Focal Person shall : prepare the complaintinform the complainant of the possible venues for filing the case

Office shall bear the cost of photocopy.

Counselling Advise the need of subscribing the

complaint and receiving a subpoena for the conduct of preliminary investigation

Focal person may or may not accompany the aggrieved party in filing the complaint however he shall request for a copy of complaint after it is filed in court.

FILING OF CASE

A. CRIMINAL CASE

1. Illegal Recruitment or Trafficking in PersonFocal person prepares a letter of the Regional Director to endorse the case to the appropriate prosecutor.

2. Child Labor Focal person recommends

to the Regional Director the endorsement of the case to the SBMT for case build up and filing of case.

3. Estafa and other related crimes Focal person recommends to

the Regional Director the formal endorsement of the case to the relevant IBP chapter or office or other institutions providing free legal assistance .

B. ADMINISTRATIVE CASE1. Recruitment and Placement

Focal person recommends the issuance of summons to the PRPA in case the complaint is sufficient.

Within 1 day from approval thereof, the hearing officer shall issue summons to the PRPA owner or authorized representative

Regional sheriff shall serve the summons to the PRPA within 3 days from receipt thereof

PRPA must file the answer within 15 days after receipt of the summon.

Hearing Officer shall : issue a Notice of hearing within 3 days from receipt of answer recommend dismissal or imposition of penalty within 10 days from termination of hearing.

Regional Director shall issue the appropriate order within 1 day from

receipt of the recommendation

Focal person shall send via registered mail the Order to the parties within 1 day from receipt

Aggrieved party may file MR or notice of appeal within 15 days from receipt of Order to the Regional Director

If MR is duly filed, the Regional Director shall resolve it within 10 days from receipt

If Notice of Appeal is duly filed, the Regional Director shall endorse the entire records to the OSEC within 5 days from receipt of notice.

OSEC decision is final and executory except : MR is filed within 10 days

from receipt of the decision.

If decision of OSEC becomes final, the records of the case shall be remanded to the office of origin within 10 days for the issuance of writ of execution by the Regional Director

2. Child Labor CaseFocal Person shall refer to the

procedures in the Manual in the management of administrative cases.

Establishment of system of record keeping complaints filed and docketed

Submission of report monthly, quarterly or as

required Monitor compliance of orders by

parties