Criminal Complaints Trafficking in Persons Illegal Recruitment by POEA licensed agencies Illegal Recruitment by non licensees Violation of child labor Estafa/Fraud/Deceit
SOURCES OF CASES A. Philippine Overseas Labor Office (POLO) B. POEA or DOLE Regional/ Field Offices
Receipt and Preliminary Evaluation
1. Formal Complaint Focal Person determines the sufficiency of complaint Within 24 hours from receipt
Criteria: Name and address of complainant/s Name and address of offenders respondent/s o if juridical persons, the name of responsible officer/s be individually indicated Acts or omissions complained of constituting the offense
OFFENSE: Requisites of TIP of Trafficking in of Trafficking in Persons
OFFENSE : Requisites of IR
ILLEGAL RECRUITMENT Art. 38. Illegal Recruitment – any recruitment activity, including the prohibited activities enumerated under Art. 34 of the Labor Code, to be undertaken by non-licensees or non- holders of authority shall be deemed illegal and punishable under Art. 39 of the Labor Code.
Prohibited Practices a. Over- charging of fees/illegal exaction allowed placement fee - 20% first month basic salary allowed service fee - 20% annual basic salary b. Misrepresentation in relation to recruitment and placement
Cont. c. Misrepresentation in securing license. d. Inducement or attempting to induce a worker to quit employment in order to offer him to another. Except: - to liberate the worker from an oppressive terms and conditions of employment.
e. Influencing or attempting to influence a person/ entity not to hire/employ a worker who did not apply for employment through his agency. f. Engagement in recruitment/ placement of workers in jobs harmful to public health, morality or dignity of the country.
Cont. h. Obstruction/attempt to obstruct inspection by the DOLE Secretary/ authorized representatives. Art. 37. Visitorial Power of the Secretary Sec. 59. of IRR of PRPA h. Failure to submit reports
OFFENSE : Child Labor Act of trading and dealing such as the act of buying and selling of a child for money or for any other consideration or barter (RA 7610)
Republic Act 9231 Engagement of children in slavery or practices similar to slavery Using, procuring or offering child for pornography or Illegal activities Employment of child in a work which is hazardous or likely to be harmful to health, safety or morals of children
Criteria: cont. Date, place and approximate time the commission of the acts complained Amount exacted and place of payment Relief sought and other allegations by way of particulars
Require the attachment of pertinent documents such as: photos, receipts, vouchers and other useful documents
2. Personal appearance of complainants / victims Focal Person shall: conduct preliminary interview by propounding clarificatory questions.
Examples: How did the victim meet the recruiter respondent/s? Was the recruiter authorized to recruit? What was the agreement? What were the working conditions? Was the person allowed to move freely?
Secure witnesses’ statement and photocopies of documents Facilitate the execution of complaint-affidavit or accomplishment of the standard form.
3. Informal complaint
Focal person immediately conducts thorough preliminary evaluation of the documents based on the criteria for determining the sufficiency of complaint
Storage of complaint Complaint has no legal or factual basis for the institution of appropriate action Case is appropriately handled by other Department or Office.
Focal person shall coordinate with other concerned agencies for the provision of assistance such as: legal counselling rescue and shelter of victims other available support
Applicability of procedure The procedure shall be adopted to cases on: Trafficking in Persons Illegal Recruitment In child labor cases, the Flowchart 1 indicated in the Manual on Child Labor shall be followed.
INSPECTION Regional Director shall motu proprio order conduct of inspection of establishment : warranted by circumstances by the labor inspector and focal person within 24 hours from issuance of authority
Inspector submits a report- affidavit to the Regional Director within 48 hours from its termination.
Regional Director shall issue closure order in child labor cases involving grave physical injury or prostitution based on RA 9231 and Sec. 21 of D.O 65-04
SURVEILLANCE Focal Person coordinates with members of IACAT, PTFAIR or other law enforcement agencies for the conduct of surveillance of the premises, if necessary, in case that: trafficking in persons or illegal recruitment is actually committed or being committed upon initial review complaint is sufficient to charge the offenders for such violations.
Focal person must ensure a case build up to support filing of criminal charge through: preparation of witness written statements gathering of documentary evidence
Regional Director may conduct ex parte preliminary examination to determine the activities of non licensee that constitute danger to national security, public order or further exploitation of jobseekers by :
asking personally the complainants and/or witnesses clarificatory questions taking their testimony in writing and under oath attested by an authorized person.
Focal person shall coordinate, seek assistance or support of law enforcement agencies in case illegal recruitment is committed or actually committed by private individuals.
Regional Director or authorized representative shall issue a written closure order if he is satisfied that establishment is used for illegal recruitment activity based on : surveillance report preliminary examination danger of exploitation
Secretary of Labor or Regional Director shall likewise recommend to the local government authority the cancellation /revocation of the license or permit to operate business.
Designated Sheriff shall serve the closure order to the offender or the person in charge of the establishment assisted by law enforcement agencies, if necessary.
ENTRAPMENT and ARREST Focal Person coordinates with law enforcement agencies for the conduct of entrapment operation and arrest of offenders.
Evidence to be secured in TIP or IR cases: license to recruit, if any advertisements, flyers documents computer, accessories disks and files forensic examination report / expert testimony
Regional Director shall immediately issue a cease and order (CDO) upon confirmation of illegal recruitment activities.
End of Presentation
Focal Person : 1. Identify the types of assistance needed by the victims and their families in the following form: legal counselling provided by the DOLE lawyers livelihood assistance under the DOLE Integrated Livelihood Program (DILP) job search assistance
2. Monitor the number of : victims referred for psychosocial counselling, legal assistance, job referral and placement for local employment. victims/family members provided with o livelihood assistance and income generated thereof o skills training and upgrading
3. Maintain records of assisted victims 4. Submit reports to the Secretary
Focal person or record officer shall register the complaint by indicating the complete case number. Suggested Docket Case No (DCN) Complaint No NCR - IR MTPL Complaint No NCR -TIP MTPL Complaint No NCR - CL MTPL
NCR – Region IR/TIP/CL –Case 2012– Year filed with DOLE RO/FO 00 – Month Case No. MTPL– Field office
LEGAL ASSISTANCE AND COUNSELLING TOWARDS THE FILING OF THE CASE
Legal Assistance Focal Person shall : prepare the complaint inform the complainant of the possible venues for filing the case Office shall bear the cost of photocopy.
Counselling Advise the need of subscribing the complaint and receiving a subpoena for the conduct of preliminary investigation Focal person may or may not accompany the aggrieved party in filing the complaint however he shall request for a copy of complaint after it is filed in court.
FILING OF CASE
A. CRIMINAL CASE 1. Illegal Recruitment or Trafficking in Person Focal person prepares a letter of the Regional Director to endorse the case to the appropriate prosecutor.
2. Child Labor Focal person recommends to the Regional Director the endorsement of the case to the SBMT for case build up and filing of case.
3. Estafa and other related crimes Focal person recommends to the Regional Director the formal endorsement of the case to the relevant IBP chapter or office or other institutions providing free legal assistance.
B. ADMINISTRATIVE CASE 1. Recruitment and Placement Focal person recommends the issuance of summons to the PRPA in case the complaint is sufficient. Within 1 day from approval thereof, the hearing officer shall issue summons to the PRPA owner or authorized representative
Regional sheriff shall serve the summons to the PRPA within 3 days from receipt thereof PRPA must file the answer within 15 days after receipt of the summon.
Hearing Officer shall : issue a Notice of hearing within 3 days from receipt of answer recommend dismissal or imposition of penalty within 10 days from termination of hearing.
Regional Director shall issue the appropriate order within 1 day from receipt of the recommendation Focal person shall send via registered mail the Order to the parties within 1 day from receipt Aggrieved party may file MR or notice of appeal within 15 days from receipt of Order to the Regional Director
If MR is duly filed, the Regional Director shall resolve it within 10 days from receipt If Notice of Appeal is duly filed, the Regional Director shall endorse the entire records to the OSEC within 5 days from receipt of notice. OSEC decision is final and executory except : MR is filed within 10 days from receipt of the decision.
If decision of OSEC becomes final, the records of the case shall be remanded to the office of origin within 10 days for the issuance of writ of execution by the Regional Director
2. Child Labor Case Focal Person shall refer to the procedures in the Manual in the management of administrative cases.
Establishment of system of record keeping complaints filed and docketed Submission of report monthly, quarterly or as required Monitor compliance of orders by parties