QuestionsQuestions (DOLE DEPARTMENT ORDER NO. 87-08)
It is issued pursuant to Governing Board Resolution No. 07, series of 2007, and the authority of the Secretary under Article V of Presidential Decree No. 442 (as amended), otherwise known as the Labor Code of the Philippines.
Any aggrieved Overseas Filipino Worker (OFW) at the jobsite may execute and file a written, sworn complaint against the foreign employer, the Philippine recruitment agency, and/or fellow OFWs.
No. It states that the filing of an on-site complaint is without prejudice to the on-site conciliation procedure.
With the Philippine Overseas Labor Office (POLO) that has jurisdiction over the work site of the complainant.
The complaint must be in affidavit form, subscribed and sworn to before a Philippine Embassy or Consular official duly authorized to administer oaths.
At least: (1) complainant’s name and address; (2) respondent(s)’ name/s and address; (3) sworn statement of facts constituting the alleged violation; (4) names and addresses of complainant’s witnesses; and (5) specific relief sought.
The complaint must be accompanied by available supporting documents and a certification of non-forum shopping.
The POLO is directed to assist on-site complainants in preparing affidavits and in receiving supporting evidence.
Upon receipt, the POLO must endorse the entire case records properly paginated to the POEA for appropriate action, including an endorsement letter with recommendation addressed to the POEA Administrator signed by the POLO officer, and a table of contents identifying documents by page.
Immediately upon receipt, the POEA shall notify and furnish the respondents with a copy of the complaint-affidavit, supporting affidavits, and documentary evidence, and direct them to file an answer within the period provided under the pertinent rules.
It must employ all reasonable means to ascertain relevant facts and information and follow the guidelines on written interrogatories sent through the POLO.
Yes. The OFW Adjudicator may, motu proprio or upon written request, allow written interrogatories/questions to be answered by the on-site complainant and/or witnesses.
The adjudicator prepares the questions to be transmitted to the concerned POLO to be propounded to the on-site complainant and/or witnesses.
Within fifteen (15) calendar days from receipt of the written interrogatories, with the POLO exerting all reasonable effort to ensure truthful answering.
If unanswered within fifteen (15) days from receipt despite diligent efforts, the POLO immediately informs the adjudicator, who shall proceed with the hearing and resolve the case based on available records and evidence.
The handling adjudicator furnishes respondents a copy of the answers, directing them to file comments within fifteen (15) calendar days from receipt of the notice.
They are deemed to have waived their right to comment on the written interrogatories.
It takes effect fifteen (15) days after completion of its publication in a newspaper of general circulation.