Question & AnswerQ&A (DOLE)
The issuance is known as the Implementing Rules and Regulations of Administrative Order No. 68, s. 1992.
Sexual harassment is any unwanted or unwelcome sexual advance, demand or request for sexual favor, or other act or conduct of sexual nature committed by a DOLE official or employee upon a co-official, co-employee, applicant, or client, characterized as taking advantage of vulnerabilities, being a condition for employment or advancement, interfering with work performance, or creating a hostile work environment.
A victim is any Department official or employee, including applicants or external clients, who is sexually harassed.
Sexual harassment may be physical (such as overt advances or unwelcome gestures), verbal (including requests for sexual favors or graphic commentaries), or any other conduct suggesting a sexual nature that is offensive or disgusting to the victim.
The Committee is composed of the Department Resident Ombudsman as Chairperson, Chairperson of the Department Philippine Development Plan for Women Focal Point as Co-Chairperson, Assistant Secretary for Management Services as Member, Director of Human Resource Development Service as Member, Director of Legal Service as Member, President of the Employees Union as ad hoc Member, and the Concerned Agency's Resident Ombudsman as ad hoc Member.
The Committee receives complaints, conducts investigations and hearings on sexual harassment cases, and prepares reports with recommendations for the Secretary's decision. Members who are complainants or respondents must inhibit from participating.
The complaint must be written, signed, sworn to, contain full names and addresses of complainant and respondent, specify charges, and a brief statement of facts. Evidence including affidavits may be attached.
The Committee may require the complainant to specify the acts complained of within five days, or the complaint shall be dismissed.
A first offense shall be punished with suspension for six months and one day to one year.
The respondent shall be automatically reinstated unless the delay is due to the respondent's fault or petition, which period of delay is not counted.
The Secretary must render a decision within thirty (30) days from receipt of the Committee's report and recommendation.
Yes, but withdrawal does not preclude the Committee from continuing the investigation.
Parties may be accompanied by counsel, require attendance of witnesses through subpoenas, submit documentary evidence, and request hearing postponements only for meritorious reasons.
Sexual harassment is classified as disgraceful and immoral conduct and is considered a grave offense.
The Department and attached agencies must conduct information dissemination campaigns to raise awareness and prevent sexual harassment.