Question & AnswerQ&A (DOLE DEPARTMENT ORDER NO. 87-08)
Any aggrieved Overseas Filipino Worker (OFW) at the jobsite may execute a written and sworn complaint against their foreign employer, Philippine recruitment agency, or fellow OFWs for violation of POEA Rules and Regulations.
The complaint shall be filed with the Philippine Overseas Labor Office (POLO) that has jurisdiction over the work site of the complainant.
The complaint affidavit must include: the name and address of the complainant; name(s) and address of the respondent(s); a statement under oath of the facts constituting the alleged violation; names and addresses of the complainant's witnesses; and the specific relief sought, along with supporting documents and a certification of non-forum shopping.
The POLO is directed to assist on-site complainants in preparing affidavits and receiving supporting evidence.
The POLO shall endorse the entire case records, properly paginated, to the POEA for appropriate action, including an endorsement letter with recommendations and a table of contents identifying all documents.
The POEA immediately notifies and furnishes the respondents with a copy of the complaint-affidavit, supporting affidavits, and documentary evidence, directing them to file an answer within the prescribed period.
The POEA Adjudication Office may allow written interrogatories at any stage before resolution. The adjudicator prepares the questions and transmits them to the concerned POLO, which ensures that the complainant or witnesses answer truthfully within 15 calendar days from receipt.
If unanswered despite diligent efforts, the POLO informs the adjudicator who proceeds with the hearing and resolves the case based on the available records and evidence.
The adjudicator furnishes the respondents with a copy of the answers and directs them to file their comments within 15 calendar days. Respondents who fail to comment within this period waive their right to comment.
The Order took effect 15 days after its publication in a newspaper of general circulation.