Question & AnswerQ&A (DOLE ADMINISTRATIVE ORDER NO. 68)
The primary purpose is to amend Administrative Order No. 80, series of 1991, to further strengthen and clarify the Department of Labor and Employment's policy against sexual harassment, ensuring protection of victims and deterring such acts by DOLE officials, employees, applicants, or persons transacting official business with DOLE.
DOLE officials, employees (permanent, casual, or contractual), applicants for employment, and any person transacting official business with DOLE are covered under this policy.
Sexual harassment is defined as any unwanted or unwelcome sexual advance, demand, request for sexual favor, or other act or conduct of a sexual nature (written, oral, or physical) committed by a DOLE official or employee upon a co-official, co-employee, applicant for employment, or client, when it exploits vulnerability or status, is imposed as a condition for employment or advancement, interferes with performance, or creates a hostile work environment.
An act is sexual harassment if it: 1) takes advantage of the weakness, vulnerability, status, or standing of the victim; 2) is explicitly or implicitly imposed as a condition for securing employment, promotion, or preferential treatment; 3) adversely interferes with the victim's work performance; or 4) creates a hostile, offensive, intimidating, or uncomfortable work environment.
Sexual harassment is classified as a grave offense under the Grounds for Disciplinary Action in the DOLE Manual on Disposition of Administrative Cases and is subject to disciplinary measures. This classification does not preclude filing other cases in regular courts for the same acts.
A Special Fact-Finding Committee is created to receive, investigate, and hear sexual harassment complaints and to submit reports and recommendations to the Secretary of Labor and Employment.
The Committee is composed of the DOLE Resident Ombudsman (Chairperson), Chairperson of DOLE Philippines Development Plan for Women (PDPW) Focal Point (Co-Chairperson), Assistant Secretary for Management Services, Director of Human Resource Development Service, Director of Legal Service, President of DOLE or its Concerned Agency Employees Union (Ad Hoc Member), and Resident Ombudsman of the Concerned Agency (Ad Hoc Member).
Any Committee member who complains of or is complained against for sexual harassment must inhibit themselves from participating in the Committee's deliberations.
The Legal Service acts as the Secretariat of the Fact-Finding Committee.
The Secretary of the Department of Labor and Employment is responsible for promulgating rules and regulations implementing this Order.
The Order mandates concerned agencies to undertake information dissemination campaigns to raise awareness about the policy against sexual harassment and to prevent its incidence.