Constitutional and statutory basis
- The resolution grounds its adoption on Section 3, Article XIII of the 1987 Constitution, requiring full protection of labor, local and overseas, and promoting full employment and equality of employment opportunities.
- The resolution cites Section 2 (c), Republic Act No. 8042, which directs the State to provide adequate and timely social, economic, and legal services to Filipino migrant workers.
- The resolution cites Section 2 (e), Republic Act No. 8042, which requires an effective mechanism to ensure that the rights and interests of OFWs are adequately protected and safeguarded.
Policy and remedial purpose
- The resolution provides for on-site remedies for OFWs to file complaints for violations of POEA rules and regulations against their principal, employer, and/or Philippine recruitment agency.
- The resolution establishes a mechanism to provide testimony in docketed POEA cases for complainants or witnesses who have been deployed for work overseas.
- The resolution directs the POEA to take steps to ascertain facts and information in docketed cases involving deployed complainants or witnesses.
Coverage: complaints and docketed cases
- The resolution covers complaints by on-site OFWs that involve violations of POEA rules and regulations against their principal, employer, and/or Philippine recruitment agency.
- The resolution covers docketed POEA cases where the complainant or witness has been deployed for work overseas.
- The resolution focuses remedial measures through the concerned Philippine Overseas Labor Offices (POLOs) and through the POEA Adjudication Office in docketed matters.
On-site complaint intake and assistance
- Complaints by on-site OFWs pertaining to violations of POEA rules and regulations must be received by the concerned POLOs.
- The concerned POLOs must assist on-site complainants in the preparation of affidavits and the reception of evidence.
- The POLO assistance must be endorsed to the POEA for appropriate action.
- The complaint process under this remedial measure runs through POLO intake, followed by POEA endorsement and appropriate action.
Evidence gathering in docketed POEA cases
- In docketed POEA cases involving complainants or witnesses deployed for work overseas, the POEA Adjudication Office must use all reasonable means to ascertain the facts and information on such cases.
- The POEA Adjudication Office is authorized to send written interrogatories or questions to the complainant-OFW.
- Written interrogatories or questions must be sent through the concerned POLO.
Implementation guidelines and responsible office
- The Secretary of Labor and Employment is responsible for providing the guidelines to implement the resolution.
- The implementation by the Secretary of Labor and Employment applies to the remedial mechanisms involving POLO assistance and POEA Adjudication Office interrogatories.
Adoption and signatures
- The resolution states that it was adopted on 09 Aug. 2007.
- The resolution is signed by ARTURO D. BRION, Secretary of Labor and Employment and Chairperson of the Governing Board, and by other Governing Board members, establishing official adoption by the POEA Governing Board.