Вы находитесь на странице: 1из 71

MANUAL OF STANDARD

OPERATING PROCEDURES
ON TRAFFICKING IN
PERSONS, ILLEGAL
RECRUITMENT AND CHILD
LABOR
OBJECTIVE
Provide :
1. Immediate and appropriate legal
assistance
2. Reintegration and after care assistance
for victims and their families.



SCOPE
Administrative Complaints
Violations :
POEA Rules
PRPA Rules
Rules on Child Labor
Labor Standards

Criminal Complaints
Trafficking in Persons
Illegal Recruitment by POEA licensed
agencies
Illegal Recruitment by non licensees
Violation of child labor
Estafa/Fraud/Deceit


SCOPE
Assistance/Services
Rescue, reintegration and after care
assistance

Referral and partnership with other
relevant agencies/NGOs

SOURCES OF CASES

A. Philippine Overseas Labor
Office (POLO)

B. POEA or DOLE Regional/
Field Offices

CASES FILED IN
THE REGIONAL
/FIELD OFFICES
PROCEDURAL
STEPS
STEP 1
Receipt and Preliminary
Evaluation

Personal
appearance
complainant
/s or
victim/s
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

ACTS - recruitment,
transportation,
transfer,harboring
or receipt

MEANS threat, use of
force, abduction, fraud,
deception or taking
advantage of the
vulnerability of person
PURPOSE -
exploitation, forced labor,
slavery, servitude
OFFENSE : Requisites of IR
No valid license or authority
required by law
license to operate
authority to recruit
Undertakes any recruitment and
placement activities

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
phone calls
letters
emails
inspection reports
official reports
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
Concerned Agencies
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
SURVEILLANCE
ENTRAPMENT AND ARREST

STEP 2


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
REINTEGRATION AND AFTER
CARE OF VICTIMS

STEP 4
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

DOCKETING

STEP 5

Focal person or record officer shall
register the complaint by indicating
the complete case number.

Suggested Docket Case No (DCN)
Complaint No NCR - IR -2012-00-0001-MTPL
Complaint No NCR -TIP-2012-00- 0001- MTPL
Complaint No NCR - CL-2012-00-0001-MTPL

NCR Region
IR/TIP/CL Case
2012 Year filed with
DOLE RO/FO
00 Month
0001 - Case No.
MTPL Field office


STEP 6


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.

STEP 7
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.




STEP 8
REPORT
Establishment of system of record
keeping complaints filed and docketed
Submission of report
monthly, quarterly or as required
Monitor compliance of orders by parties