WHEN OFW RUNS INTO TROUBLE

The OFW should first notify the foreign employer and the Philippine recruitment
agency (PRA) about the violation of his or her employment contract. Most
companies abroad usually have “in-house” procedures and policies for
addressing the grievances of their migrant workers. If the OFW has exhausted
all in-house remedies or no action is taken by the PRA, and the violation persists,
the OFW should take the matter to the nearest Philippine Overseas Labor Office
(POLO) or Philippine embassy (if there is no POLO) in the country where he or
she is deployed.
Once a complaint is filed, the POLO’s labor attaches and welfare officers will first
conduct a “conference” between the company (or employer) and the OFW. This
is part of the Department of Labor and Employment (DOLE)’s single entry
approach (or SEnA) – the 30 day conciliation-mediation mechanism to amicably
resolve labor-related disputes, which is also being implemented overseas.
But if conciliation efforts fail, then the worker can avail of the remedies under
the laws of the host country. (Ex: Worker can file before the Minister of Labor of
Kuwait if labor related, file criminal case if criminal in nature.)
The POLO can also endorse the case to the Philippine Overseas Employment
Agency (POEA) so that the latter can summon and instruct the workers’
recruitment agency to fix or address the complaints, usually through the PRA’s
foreign counterpart.
Another option available to our OFWs is for them to file an administrative
complaint against their placement agency with the POEA once they return to the
country. The POEA can impose administrative sanctions ranging from the
blacklisting of the foreign employer and the foreign recruitment agency, or the
temporary or permanent suspension or cancellation of the PRA’s license.
In cases of maltreatment, OFWs should immediately report the matter to the
assistance to nationals (ATN) section of the Philippine embassy or consulate,
which is primarily responsible for so-called “ATN cases” like detention cases,
medical repatriation, trafficking in persons, physical abuse, rape and other
police cases.
RECENT UPDATE: February 2018
Administrative Order No. 73 was issued forming the OFW Command Center
which will be a 24/7 hub for all walk-in clients at the DOLE Central Office as
well as complaints received via email, text message, phone call, news reports,
and other referral complaints.