Title
Rules on OFW On-Site Complaints and Interrogatories
Law
Dole Department Order No. 87-08
Decision Date
Jan 9, 2008
DOLE Order No. 87-08 establishes a clear process for Overseas Filipino Workers (OFWs) to file complaints and seek redress for violations of POEA Rules and Regulations, including the requirement of written complaints, investigations by POLO, and the use of written interrogatories in cases where the respondent cannot appear in person.

Law Summary

Filing of OFW On-Site Complaints

  • Aggrieved OFWs working overseas may execute a written and sworn complaint against foreign employers, Philippine recruitment agencies, or fellow OFWs.
  • Complaints may be filed without prejudice to existing on-site conciliation procedures.

Jurisdiction and Venue

  • Complaints must be filed with the Philippine Overseas Labor Office (POLO) that has jurisdiction over the location of the complainant's workplace.

Complaint Requirements

  • Complaints must be in affidavit form, subscribed and sworn before a Philippine Embassy or Consular official authorized to administer oaths.
  • Must contain:
    1. Name and address of the complainant.
    2. Name(s) and address of respondent(s).
    3. Sworn statement of facts constituting the violation.
    4. Names and addresses of complainant’s witnesses.
    5. Specific relief sought.
  • Must include supporting documents and a certification of non-forum shopping.
  • POLO is tasked to assist complainants in affidavit preparation and evidence submission.

Endorsement of Case Records

  • Upon receiving complaints and supporting evidence, POLO shall endorse properly paginated case records to POEA for appropriate action.
  • Endorsement must include an endorsement letter with recommendation addressed to the POEA Administrator and a table of contents of all documents.

Initial Action by POEA

  • Upon receipt, POEA will notify respondents and furnish copies of complaint and supporting evidence.
  • Respondents are directed to file an answer within the period prescribed by applicable rules.

Handling POEA-Docketed Cases

  • For cases involving complainants or witnesses working overseas, POEA Adjudication Office shall use all reasonable means to ascertain relevant facts.

Use of Written Interrogatories

  • At any stage before case resolution, POEA Adjudicator may, on own initiative or written request, allow written interrogatories to be answered by on-site complainants and witnesses.
  • Adjudicator prepares questions and transmits them to POLO for delivery to complainants/witnesses.
  • POLO makes diligent efforts to ensure responses within 15 calendar days from receipt of interrogatories.
  • If unanswered after 15 days despite efforts, POLO informs Adjudicator who will proceed based on available evidence.

Respondents’ Opportunity to Comment on Interrogatories

  • Upon receipt of answers, Adjudicator furnishes respondents copies and directs filing of comments within 15 calendar days.
  • Failure to file comments means respondents waive right to comment on the interrogatories.

Effectivity

  • The Order takes effect 15 days after publication in a newspaper of general circulation.

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