Scope
- Covers all acts of sexual harassment committed by any official or employee of the Department of Labor and Employment and its attached agencies.
- Sexual harassment forms include physical advances, unwelcome gestures, verbal demands or comments, and any offensive sexual conduct directly or indirectly made.
Fact-Finding Committee
- Composed of various officials including the DOLE Resident Ombudsman (Chairperson), PDPW Focal Point (Co-Chairperson), Assistant Secretary for Management Services, Directors of HR and Legal Services, and union representatives.
- Functions include receiving complaints, investigating cases, conducting hearings, and submitting reports with recommendations to the Secretary.
- Members involved in a case must inhibit themselves from deliberations.
- Legal Service acts as the Secretariat of the Committee.
Procedure in Handling Sexual Harassment Cases
- Complaint: Must be written, signed, sworn to, and filed with the Committee. Must specify names, charges, and relevant facts. Evidence should be submitted. Vague complaints may be dismissed if not specified further.
- Answer: Respondent given at least 72 hours to respond in writing, admitting or denying charges, submitting evidence, and electing formal investigation or not.
- Reply: Complainant may file a reply within five days after answer.
- Preventive Suspension: Secretary may suspend respondent up to 90 days pending investigation if strong evidence exists. Automatic reinstatement if no decision after 90 days, unless delay caused by respondent.
- Hearing: Committee conducts hearing within specified periods. Parties notified in advance, may present witnesses, documentary evidence, and be represented by counsel. Memoranda may be required.
- Report and Recommendation: Committee submits report with recommendations to Secretary within 15 days post-hearing.
- Decision: Secretary issues final decision within 30 days after report receipt. Decision becomes final and executory after 15 days unless reconsideration or appeal is filed.
Penalties
- Sexual harassment classified as grave offense, disgraceful and immoral conduct.
- First offense: Suspension for 6 months and 1 day to 1 year.
- Second offense: Dismissal.
Motion for Reconsideration
- May be filed within 15 days on grounds of new evidence, unsupported decisions, or errors in law or fact.
- Filing date based on receipt or postmark.
- Suspends period for appeal.
Awareness Raising Campaign
- DOLE and attached agencies responsible for conducting informational campaigns to raise awareness and prevent sexual harassment.
Effectivity
- Rules take effect immediately upon adoption.