DOLE Sexual Harassment Rules 1995

Applies to all DOLE officials and employees regardless of rank or employment status, including overseas officers.
Also covers applicants, clients, trainees, and persons transacting official business with DOLE.

Liability includes any DOLE official or employee committing sexual harassment against persons under their authority or influence.
Individuals inducing or cooperating in sexual harassment acts are also liable.
Sexual harassment includes:
- Demanding sexual favors as employment condition or for benefits.
- Discriminatory actions resulting from refusal of sexual favors.
- Violations impairing victim’s rights.
- Creating intimidating, hostile or offensive environments.
Incidents may occur within any work or training environment, including offices, social functions, field assignments, conferences, or travel.

Established at Central and Regional Offices, and Attached Agencies.
Central Office Composition includes Assistant Secretary (Chair), Directors, Employee Union Representative, Supervisory and Rank-and-File Representatives.
Regional Offices Composition includes Resident Ombudsperson (Chair) and representatives of management, union, supervisors, and rank-and-file.
Committee functions:
- Receive and investigate complaints.
- Conduct hearings.
- Submit reports and recommendations to the Secretary.
- Develop programs to promote awareness.
- Formulate settlement and confidentiality rules.
- Prevent retaliation against complainants.

Complaint:
- Must be written, signed, sworn, and filed with the Committee.
- Must specify complainant, respondent, charges and supporting facts.
- Evidence including affidavits can accompany the complaint.
- Vague complaints can be dismissed if not clarified.
- Withdrawal of complaint does not stop the Committee from proceeding.
Answer:
- Respondent must answer within 10 days, admitting or denying charges.
- May elect for formal investigation.
- Submit supporting evidence.
- Failure to answer or appear may lead to decision based on available evidence.
Hearing:
- Scheduled 5-10 days after pleadings.
- Parties and witnesses notified 5 days prior.
- Subpoena powers available.
- Counsel allowed.
- Limited grounds for postponements.
- Evidence admitted and attached to case record.
Report and Decision:
- Committee submits recommendation within 15 days post-hearing.
- Secretary decides within 30 days of report receipt.
- Decisions become final after 10 days unless reconsideration or appeal filed.

Sexual harassment classified as grave offense, punishable as follows:
- First offense: Suspension for 6 months and one day to one year.
- Second offense: Dismissal from service.
Administrative sanctions do not bar civil or criminal prosecution.

Filed within 10 days for:
- New evidence.
- Unsupported decision by evidence.
- Legal or factual errors.
Suspends appeal period.
Appeal to Civil Service Commission within 15 days after Secretary's decision.

Victims may perform prosecution-related activities on official time with prior notice.
Referral system by HRDS/IMSD for legal and counseling services.
Counseling available for emotional and moral support.
Services extended to victimized officials and employees, including harassment by clients/applicants.

Anchored on R.A. 6713 (Code of Conduct and Ethical Standards).
Requires professionalism, integrity, responsibility, and loyalty.
Emphasizes respect among coworkers and supervisors.
Prohibits activities damaging office prestige or inconsistent with public service.
Rules include:
- Wearing appropriate uniform and modest clothing.
- Avoiding personal or obscene conversations.
- Maintaining assertiveness and control.
- No special favors or personal business during work hours.
- Prohibition of alcohol, gambling, and pornographic materials in office premises.

Must establish the Committee on Decorum and Investigation.
Required to act promptly on sexual harassment complaints within 2 days of notification.