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:
- Name and address of the complainant.
- Name(s) and address of respondent(s).
- Sworn statement of facts constituting the violation.
- Names and addresses of complainant’s witnesses.
- 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.