Question & AnswerQ&A (BWYW ADMINISTRATIVE ORDER NO. 250)
The Department refers to the Department of Labor and Employment including its Services, Bureaus, Regional Offices and Attached Agencies or shall be the employer or head of office referred to under Sections 4 and 5 of the Act.
A victim is any Department official or employee, any applicant/client or trainee against whom acts of sexual harassment have been committed.
Any DOLE official or employee who commits sexual harassment against another official, employee, applicant, client or trainee over whom he or she has authority, influence or moral ascendancy. Also, any official or employee who directs, induces, or cooperates in the commission of sexual harassment shall be liable.
Sexual harassment includes making sexual favors a condition in hiring or employment benefits, discriminating employees who refuse sexual favors, acts that violate the victim's rights, and conduct creating an intimidating, hostile or offensive environment. It may occur in or outside office or training sites, during social functions, work assignments, conferences, or work-related travel.
Overt sexual advances, unwelcome or improper gestures of affection, requests or demands for sexual favors such as dates or outings for sexual purposes, and any other sexual conduct generally annoying or offensive to the victim.
The Committee is composed of the Assistant Secretary for Management Services as Chairperson, Director of Legal Service as Vice-Chairperson, Director of Human Resource Development Service, President or representative of DOLE Employees Union, a representative of Supervisors, and a representative of the Rank and File.
The Committee receives complaints, investigates and hears sexual harassment cases, prepares reports with recommendations for the Secretary’s decision, develops programs for awareness, ensures confidentiality and privacy, and protects complainants from further harassment or retaliation.
The complaint must be in writing, signed and sworn to by the complainant, contain full names and addresses of complainant and respondent, the charges, and relevant facts. It is filed with the Committee on Decorum and Investigation, and must be supported by evidence or witness affidavits if any.
First offense: Suspension for six (6) months and one (1) day to one (1) year. Second offense: Dismissal from service.
Yes, a complainant can withdraw the complaint at any stage, but the Committee may still proceed with the investigation.
Victims may use official time to pursue prosecution activities, be referred for legal services, and avail of counseling services for emotional and moral support through HRDS/IMSD or designated personnel.
Any action arising from a violation shall prescribe within three (3) years from the commission of the act complained of.
The head of office must act immediately which means within two (2) days from receiving the information from the offended party.
Yes, the aggrieved party may appeal the Secretary's decision to the Civil Service Commission within fifteen (15) days.
Filing a motion for reconsideration suspends the running of the period for appeal.