I. Protocol in Handling Cases in the CHR
A. Assessment of Reports (Complaint/Concern)
following:
Source: Reports (Complaints/concerns) may come from any of the
1.
a)
OFW;
b)
Immediate family of OFWs;
c)
d)
NGOs;
clinics);
agency,
ment
recruit
(i.e.,
lder
stakeho
sector
Private
e)
Filipino community association.
b)
c)
d)
e)
f)
Country of Employment;
Occupation/Nature of Work;
Name and Address of Employer;
Name of Philippine-based Private Recruitment Agency,
Name of Foreign Recruitment Agency; and
.
the
Upon receipt of report (complaint/concern), the CHR case officer/personnel receiving
on:
informati
following
report (complaint/concern) shall gather and document the
Name of OFW, contact number, and passport number;
a)
Whether there has been a settlement signed by the OFW and if he/she has been
assisted by legal counsel in any stage of his/her complaint/concern.
The CHR personnel/case officer shall also determine the current location of the OFW.
On the nature of the complaint/concern, the CHR will determine the following:
=
g)
a) ls the complaint/concern on:
i.
Violation of Terms of Contract;
ii. | Inhumane working conditions and unfair treatment;
iii.
.Non-payment of wages and other benefits;
iv.
Physical abuse or threat of physical abuse;
v.
Sexual abuse or threat of sexual abuse;
vi.
Illegal recruitment (excessive placement fees, recruitment by non-licensed agencies or
individuals with no authority, etc.);
vii. Recruitment of Minors;
viii. Inability to access government services;
ix.
Complicity or involvement of government officers, both from the Philippines and countries/
areas of employment.
b)
The CHR personnel/case officer will also look into the following:
i.
Is the passport and/or other travel documents in the possession of the employer or the
ii.
foreign recruitment agency?
Is the OFW able to leave the place of work? Or are there physical or other forms of
restrictions (i.e. threat of denunciation to authority)
iii.
iv.
Can the OFW contact outside help?
The manner by which the OFW reached the country/area of employment (i.e., OEC,
Balik Manggagawa, tourist visa, etc.)
c)
If the complaint/concern is about (or has elements on) the inability of the OFW/Family to
access government services, the CHR personnel/case officer shall gather the following
information:
i.
Nature of service requested from government;
ii.
Concerned government agency and the name of official who handled the request;
iii.
iv.
Date when request was made;
Last date of follow-up; and
v.
d)
i,
.
i.
Last statement from the concerned agency.
Upon completion of the information, the CHR personnel/case officer shall:
Assure the source of the report/complainant of the confidential nature of information
shared and that the information shall only be forwarded to the relevant government agency.
If necessary, assist the OFW or the Family member of OFW in filling up the required form.
ii.
iV.
Prepare an endorsement letter copy furnishing the complainant.
Bc n° source of the report/complaint/concern on the course of action to be taken by
e
.