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OBJECTIVE

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

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OBJECTIVE

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  1. Manual Of Standard Operating Procedures on Trafficking in Persons, Illegal Recruitment and Child Labor

  2. OBJECTIVE Provide : 1. Immediate and appropriate legal assistance 2. Reintegration and after care assistance for victims and their families.

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

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

  5. SCOPE

  6. SOURCES OF CASES A. Philippine Overseas Labor Office (POLO) B. POEA or DOLE Regional/ Field Offices

  7. CASES FILED IN THE REGIONAL /FIELD OFFICES

  8. PROCEDURAL STEPS

  9. Receipt and Preliminary Evaluation STEP 1

  10. 1. Formal Complaint Focal Person determines the sufficiency of complaint Within 24 hours from receipt

  11. Criteria: • Name and address of complainant/s • Name and address of offenders respondent/s • if juridical persons, the name of responsible officer/s be individually indicated • Acts or omissions complained of constituting the offense

  12. OFFENSE: Requisites of TIPof Trafficking in of Trafficking in Persons

  13. OFFENSE : Requisites of IR

  14. 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.

  15. 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

  16. 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.

  17. 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.

  18. 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

  19. 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)

  20. 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

  21. 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

  22. Require the attachment of pertinent documents such as: photos, receipts, vouchers and other useful documents

  23. 2.Personal appearance of complainants /victims Focal Person shall: • conduct preliminary interview by propounding clarificatory questions.

  24. 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?

  25. Secure witnesses’ statement and photocopies of documents • Facilitate the execution of complaint-affidavit or accomplishment of the standard form.

  26. 3. Informal complaint

  27. Focal person immediately conducts thorough preliminary evaluation of the documents based on the criteria for determining the sufficiency of complaint

  28. 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.

  29. 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

  30. 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.

  31. Inspection SurveillanceEntrapment and Arrest STEP 2

  32. INSPECTION Regional Director shall motuproprio order conduct of inspection of establishment : • warranted by circumstances • by the labor inspector and focal person • within 24 hours from issuance of authority

  33. Inspector submits a report-affidavit to the Regional Director within 48 hours from its termination.

  34. 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

  35. 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.

  36. Focal person must ensure a case build up to support filing of criminal charge through: • preparation of witness written statements • gathering of documentary evidence

  37. 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:

  38. asking personally the complainants and/or witnesses clarificatory questions • taking their testimony in writing and under oath attested by an authorized person.

  39. Focal person shall coordinate, seek assistance or support of law enforcement agencies in case illegal recruitment is committed or actually committed by private individuals.

  40. 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

  41. 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.

  42. 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.

  43. ENTRAPMENT and ARREST • Focal Person coordinates with law enforcement agencies for the conduct of entrapment operation and arrest of offenders.

  44. 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

  45. Regional Director shall immediately issue a cease and order (CDO) upon confirmation of illegal recruitment activities.

  46. End of Presentation

  47. REINTEGRATION AND AFTER CARE OF VICTIMSStep 4

  48. 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

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