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Career Guide

Resolve Problems Through the Help of POEA

  Feb 27, 2006

The Adjudication Office accepts cases filed to their office such as, recruitment violation cases against recruitment agencies, disciplinary action cases against foreign employers and disciplinary action cases against the overseas workers.

            

Recruitment agencies are usually being complain because of non-issuance of receipts, illegal exaction or charging or accepting an amount greater than that allowed by the Secretary, charging or accepting an amount even before employment is obtained for an applicant, substituting or altering, to the prejudice of the worker, the employment contract, withholding the workers’ travel documents and misrepresentation.

 

In recruitment violation, money claims maybe awarded in addition to the administrative penalties imposed. While the fines imposed on suspended agencies, in addition to the penalty of suspension of license, the Administration may impose the penalty of which shall be computed at P10, 000.00 for every month of suspension. If ever it is found guilty in one case filed by five of more complainants, it shall suffer the penalty of cancellation of its license.

 

While on the workers side, the most common complaint during the pre-employment is the used of false documents to be able to work and the unjustified refusal to depart for the worksite after all employment and travel documents have been duly approved by the appropriate Government agency/ies. And offenses during the employment are commission of a felony or crime punishable by Philippine Laws or by the laws of the host country, unjustified breach of employment contract, embezzlement of company funds or monies and/or properties of a fellow worker entrusted for delivery to kin or relatives in the Philippines and violation/s of the sacred practices of the host country.

 

On the other hand the usual complaints against foreign employers are default on its contractual obligations to the migrant worker and/or to its Philippine agent, gross violation of laws, rules and regulations on overseas employment, gross negligence leading to serious injury or illness or death of the worker, grave misconduct, conviction of an offense involving moral turpitude and any other cases analogous to the foregoing.

 

Disciplinary action cases against the recruitment agency, foreign employer and worker should be filed with the Administration within three years from the time the cause of action accrued.

 

Any aggrieved person or one who is prejudiced by the commission of a violation of the Labor Code, the POEA Rules and Regulations, and other issuances relating to recruitment may file a complaint.

 

 

 

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