Important Sections that employers should know about Department of Labor and Employment (DOLE) Department Order No. 141 -14 or more commonly known as Private Employment Agency (PEA) Guidelines.
To be honest, sometimes you have to know your rights. - Corey Hawkins
Who are covered by the DOLE PEA Guidelines?
These rules apply to every person, partnership or corporation intending to engage or engaged in the recruitment and placement for local employment through an agency.
Section 35. Fees and Charges
No fee whatsoever shall be collected neither deducted from the salaries or wages of the workers.
An agency may charge the following:
1. Service fee - An agency may charge the employers a service fee as may be agreed upon by the agency and the employer. In no case shall the service fee be deducted from the worker's salary.
2. Transportation expenses - The transportation expenses for the transfer of the worker from the place of residence to the place of work shall be charged to the employer, and shall in no case be deducted from the worker's salary.
Section 36. Issuance of official receipt - All payment or fees made to or collected by an agency shall be evidenced by an official receipt indicating the amount paid and the purpose of such payment.
Section 37. Replacement of worker without cost - An employer shall be entitled to a replacement of a worker without additional cost or a refund of 75% of the service fee and transportation expenses subject to the following conditions:
a. If the worker is certified by a competent'/government physician to be suffering from a medical or mental illness within one (1) month from the first day of work rendering him incapable of discharging the minimum requirements of the job; or
b. If the worker abandons the job, voluntarily resigns, commits theft or any other acts prejudicial to the employer or his family within three (3) months from the first day of his work.
If the request for a replacement is beyond the above mentioned periods, the employer shall pay an additional service fee as agreed by both parties.
Section 38. Refund of service fee - The employer is entitled to a refund of seventy five (75%) percent of the service fee if the agency failed to provide a replacement of worker based on any grounds enumerated in the preceding section after the lapse of one (1) month from the receipt of the request unless the parties agreed on a longer period.
Section 39. Forfeiture of rights - The employer is deemed to have forfeited his right for a replacement of the worker without cost or a refund of the service fee, if he failed to avail of the same within thirty (30) days after the lapse of one (1) month or three (3) months as the case may be, as provided in Section 37 unless otherwise agreed by the parties.
Section 42. Acts constituting illegal recruitment - Illegal recruitment shall mean any act of canvassing, enlisting, contracting, utilizing, hiring or procuring workers and includes referrals, contract services, promising or advertising for local employment, whether for profit or not, when undertaken by a non-licensee or non-holder of authority; provided, that any such non-licensee or non-holder of authority who, in any manner, offer or promises for a fee employment to two or more persons shall be deemed so engaged.
Section 45. Where to file complaints for illegal recruitment - The victim of illegal recruitment or other related illegal acts or his parents or legal guardians may file a written report or complaint under oath with the Regional Office or Field Office having jurisdiction over the place where the illegal act was committed.
Section 54. Complaints against agency - Written complaints against an agency and/or the authorized representative/s based on any of the grounds enumerated under Section 51 of these Rules shall be filed with the Regional/Field Office having jurisdiction over the place where the agency or branch office is located, or where the prohibited act was committed, or at complainant's place of residence, at the option of the complainant; provided, that the Regional Office/Field Office which first acquired jurisdiction over the case shall act on the complaint to the exclusion of the others.
Section 55. Contents of complaint - The complaint shall be under oath to be administered by any officer authorized by law and must contain the following:
a. The name and address of the complainant;
b. The name and address of the respondent;
c. The specific act complained of;
d. When and where the acts complained of was committed;
e. The amount of claim, if any; and
f. The relief sought.
All relevant papers or documents supporting the complaint must be attached.
Section 56. Answer/counter-affidavit - Upon receipt of the complaint, the Regional Director shall issue a show cause order directing the respondent/s to file within the (10) days from receipt thereof a verified answer/counter-affidavit attaching all pertinent documents in support of its defense, furnishing the complainant/s copy and submit proof of service of a copy. The answer shall be deemed filed on the date of receipt stamped thereon, if filed personally, or on the date indicated in the registry receipt if filed by registered mail.
Section 57. Failure to file answer - Failure to file an answer/counter affidavit within then (10) days from receipt of show cause order shall constitute as waiver on the part of the respondent. The case shall be resolved on the basis of the complainant, documents and other pleading submitted thereto.
Section 58. Effects of withdrawal/desistance - The withdrawal/desistance of the complaining witness shall not bar the Regional Office from proceeding with the investigation on recruitment violation. The Regional Office shall act on the case as may be merited by the results of the investigation and impose such penalties on the erring agency as may be deemed appropriate.
Section 59. Compromise agreement - At any stage of the proceeding, the parties may submit a compromise agreement subject to the approval of the Regional Office.
Section 60. Resolution of the case - The hearing shall be completed within thirty (30) working days from the date of filing. The Regional Director shall resolve the case within the ten (10) working days from the time the case is deemed submitted for decision.
Should the Regional Director find upon consideration of the answers, counter-affidavits and evidence submitted, that resolution/decision may be rendered thereon, the case shall be deemed submitted for decision.
For more info! Follow this link for the full text on DO 141-14 👇👇👇
You can't fight for your rights if you don't know what they are. - John Roberts
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