Note: It will be helpful as well to the CHR official who will handle and assess the cases to look into the complaints according to the cycle of migration: preparation, predeparture, on-site, transit, retum and reintegration. If complaint is severe, the CHR must decide on the protocol it should take, for example escalate it to a more experienced officer, call the attention of the concemed govemment agency or an emergency case conference in CHR. B. Initial Determination 1. The CHR personnel/case officer shall evaluate the information and determine whether there is imminent danger to the OFW. Imminent danger shall mean that there is a risk of injury or loss of life against the OFW. 2. The CHR personnel shall document the information and determine where to refer the case or whether a direct action by the CHR is warranted. The report/complaint/concern shall be further Classified based on the following: (insert the cycles of migration). C. Referrals to Government In referring the case to a government agency, the CHR personnel/case officer shall observe the following: Government Agency Nature of Complaint Philippine Overseas Employment Administration/Overseas Workers Welfare Administration/Other DOLE Offices (SENA) Violation of terms of contract Requested Action e Inhumane working conditions exploitative situation @ Unfair treatment Non-payment of wages and other benefits e @ OFW was deployed through a recruitment agency @ OFW can either be on-site or Repatriation Claims for unpaid salaries/benefits Other circumstances: e@ Removal from Reparation from employers have already returned e@ = Illegal Recruitment @ Investigation, arrest, and filing of case against illegal recruiters * Under DOLE- Department Order No. 151-16, the Implementing Rules and Regulations of Republic Act No. 10396 entitled “Ac Act Strengthening Conciliation — Mediation as a Voluntary Mode of Dispute Settlement for all Labor Cases”, Single Entry Assistance Desks (SEADs) were established in Philippine Overseas Labor Offices (POLOs) for the purpose of conducting the mandatory mediation-conciliation services of the Single Entry Approach (SEnA). Under present rules, the POLO has to conduct mandatory mediation-conciliation proceedings between the employer and the complaining OFW. Although this situation is not directly covered by the established referral system between CHRP and NHRC Qatar, we have observed in some OFW cases that we have handled that human / migrants’ rights violations are being committed against the OFWs in the SEnA process at the POLOs. In mediation-conciliation proceedings before the POLOs, the complaining OFW has no legal counsel and has no access to proper legal advice. In some situations, abused/maltreated OFWs are left with no choice but to enter into an amicable settlement with their foreign employer. In exchange for their exit visa, plane ticket to the Philippines, sometimes with a little cash, the OFWs are required to sign an amicable settlement and a release, waiver and quitclaim in favor or his/her foreign employer, the foreign employment agency and the recruitment agency in the Philippines. Once the SEnA Desk Officer confirms that a settlement has been reached, chances are, the OFW can no longer file a labor claim before the NLRC upon return to the Philippines. SEnA at POLO, adds another layer of legality that must be overcome by the OFW who decides, upon return to the Philippines, to file a money claim before the NLRC. In addition to the final and immediately executory nature of the compromise agreement under SEnA, the OFW has to contend also with additional argument of presumption of regularity in the performance of the regular duties of the POLO officers. In summary, there are human/migrant rights concerns under SEnA at POLO: 1. 2. 3. No available legal counsel/advice for the OFW; Settlement bars filing of case in the Philippines; and Return of confiscated passport/IDs/travel documents are used by employer to bargain in exchange for exit visa/plane ticket and execution of waiver and quitclaim in favor of employer. ORME Menuet ins sie The CHR should also look into the human/migrant rights violations faced by OFWs during SEnA at the POLOs and provide an advisory to address the issue.