MANUAL OF STANDARD

OPERATING PROCEDURES
ON TRAFFICKING IN
PERSONS, ILLEGAL
RECRUITMENT AND CHILD
LABOR
 OBJECTIVE
Provide :
1. Immediate and appropriate legal
assistance
2. Reintegration and after care assistance
for victims and their families.
 SCOPE
Administrative Complaints
Violations :
 POEA Rules
 PRPA Rules
 Rules on Child Labor
 Labor Standards
 Criminal Complaints
 Trafficking in Persons

 Illegal Recruitment by POEA licensed

agencies
 Illegal Recruitment by non licensees
 Violation of child labor
 Estafa/Fraud/Deceit
 SCOPE
Assistance/Services
• Rescue, reintegration and after care
assistance

• Referral and partnership with other

relevant agencies/NGO’s
 SOURCES OF CASES

A. Philippine Overseas Labor

Office (POLO)

B. POEA or DOLE Regional/

Field Offices
CASES FILED IN
THE REGIONAL
/FIELD OFFICES
PROCEDURAL
STEPS
Receipt and Preliminary
Evaluation

STEP 1
Personal
appearance
complainan
t/s or
victim/s
1. Formal Complaint
Focal Person determines the
sufficiency of complaint

Within 24 hours from receipt

Criteria:
•Name and address of complainant/s
•Name and address of offenders
respondent/s
o if juridical persons, the
name of responsible
officer/s be individually
indicated
•Acts or omissions complained of
constituting the offense
OFFENSE: Requisites of TIP of
Trafficking in of Trafficking in
ACTS - recruitment,
transportation,
Persons
transfer,harboring
or receipt
MEANS – threat, use of
force, abduction, fraud,
deception or taking
advantage of the
vulnerability of person

PURPOSE -
exploitation, forced
labor, slavery,
servitude
OFFENSE : Requisites of IR
No valid license or
authority required by law
• licenseto operate
• authority to recruit
Undertakes any recruitment
and placement activities
•
ILLEGAL RECRUITMENT
 Art. 38. Illegal Recruitment – any
recruitment activity, including the
prohibited activities enumerated under Art.
34 of the Labor Code, to be undertaken by
non-licensees or non- holders of authority
shall be deemed illegal and punishable
under Art. 39 of the Labor Code.
Prohibited Practices
a. Over- charging of fees/illegal
exaction
allowed placement fee - 20%
first month basic salary
allowed service fee - 20% annual
basic salary

b. Misrepresentation in relation to
recruitment and placement
Cont.
c. Misrepresentation in securing license .
d. Inducement or attempting to induce a
worker to quit employment in order
to offer him to another.
Except:
- to liberate the worker from an
oppressive terms and conditions of
employment.
e. Influencing or attempting to influence
a person/ entity not to hire/employ
a worker who did not apply for
employment through his agency.

f. Engagement in recruitment/
placement of workers in jobs
harmful to public health, morality or
dignity of the country.
Cont.
h. Obstruction/attempt to obstruct
inspection by the DOLE Secretary/
authorized representatives.
Art. 37. Visitorial Power of
the Secretary
Sec. 59. of IRR of PRPA

h. Failure to submit reports

OFFENSE : Child Labor
 Act of trading and dealing such
as the act of buying and selling
of a child for money or for any
other consideration or barter
(RA 7610)
Republic Act 9231
 Engagement of children in slavery
or practices similar to slavery
 Using, procuring or offering child
for pornography or Illegal activities
 Employment of child in a work
which is hazardous or likely to be
harmful to health, safety or morals
of children
Criteria: cont.
Date, place and approximate time
the commission of the acts
complained
Amount exacted and place of
payment
Relief sought and other allegations
by way of particulars
Require the attachment of
pertinent documents such as:
photos, receipts, vouchers and
other useful documents
2.Personal appearance of complainants /
victims
Focal Person shall:
 conduct preliminary interview
by propounding clarificatory
questions.
 Examples:
 How did the victim meet the
recruiter respondent/s?
 Was the recruiter authorized to
recruit?
 What was the agreement?
 What were the working conditions?
 Was the person allowed to move
freely?
 Secure witnesses’
statement and photocopies
of documents

 Facilitate the execution of

complaint-affidavit or
accomplishment of the
standard form.
3. Informal complaint

phone calls
letters
emails
inspection reports
official reports
 Focal person immediately
conducts thorough
preliminary evaluation of the
documents based on the
criteria for determining the
sufficiency of complaint
Storage of complaint

 Complaint has no legal or

factual basis for the institution
of appropriate action
 Case is appropriately handled
by other Department or Office.
Focal person shall coordinate
with other concerned agencies
for the provision of assistance
such as:
legal
counselling
rescue and shelter of victims
Concerned Agencies
Applicability of procedure
The procedure shall be adopted to
cases on:
 Trafficking in Persons
 Illegal Recruitment

In child labor cases, the Flowchart 1

indicated in the Manual on Child
Labor shall be followed.
 INSPECTION
SURVEILLANCE
ENTRAPMENT AND
ARREST

STEP 2
 INSPECTION
Regional Director shall motu proprio order
conduct of inspection of establishment :

 warranted by circumstances
 by the labor inspector and focal
person
 within 24 hours from issuance of
authority
Inspector submits a report-
affidavit to the Regional Director
within 48 hours from its
termination.
Regional Director shall issue closure
order in child labor cases involving
grave physical injury or prostitution
based on RA 9231 and Sec. 21 of D.O
65-04
 SURVEILLANCE
Focal Person coordinates with members of
IACAT, PTFAIR or other law enforcement
agencies for the conduct of surveillance of
the premises , if necessary, in case that:

 trafficking in persons or illegal recruitment

is actually committed or being committed
upon initial review
 complaint is sufficient to charge the
offenders for such violations.
Focal person must ensure a case
build up to support filing of criminal
charge through:
 preparation of witness written
statements
 gathering of documentary
evidence
 Regional Director may conduct
ex parte preliminary
examination to determine the
activities of non licensee that
constitute danger to national
security, public order or further
exploitation of jobseekers by:
asking personally the
complainants and/or witnesses
clarificatory questions

 taking their testimony in writing

and under oath attested by an
authorized person.
 Focal person shall coordinate, seek
assistance or support of law
enforcement agencies in case illegal
recruitment is committed or
actually committed by private
individuals.
Regional Director or authorized
representative shall issue a written
closure order if he is satisfied that
establishment is used for illegal
recruitment activity based on :
 surveillance report
 preliminary examination
 danger of exploitation
 Secretary of Labor or Regional Director
shall likewise recommend to the local
government authority the cancellation
/revocation of the license or permit to
operate business.
 Designated Sheriff shall serve the
closure order to the offender or the
person in charge of the
establishment assisted by law
enforcement agencies, if necessary.
 ENTRAPMENT and ARREST
 Focal Person coordinates with
law enforcement agencies for
the conduct of entrapment
operation and arrest of
offenders.
 Evidence to be secured in TIP or IR
cases:
license to recruit, if any
advertisements, flyers
documents
computer, accessories
disks and files
forensic examination report /
expert testimony
Regional Director shall immediately issue a
cease and order (CDO) upon confirmation
of illegal recruitment activities.
End of Presentation
REINTEGRATION AND AFTER
CARE OF VICTIMS

STEP 4
Focal Person :
1. Identify the types of assistance needed
by the victims and their families in the
following form:
 legal counselling provided by the
DOLE lawyers
 livelihood assistance under the DOLE
Integrated Livelihood Program (DILP)
 job search assistance
2. Monitor the number of :
 victims referred for psychosocial
counselling, legal assistance, job
referral and placement for local
employment.
 victims/family members provided with
o livelihood assistance and income
generated thereof
o skills training and upgrading
3. Maintain records of assisted
victims
4. Submit reports to the Secretary
DOCKETING
STEP 5
Focal person or record officer shall
register the complaint by indicating
the complete case number.

Suggested Docket Case No (DCN)

 Complaint No NCR - IR -2012-00-0001-MTPL
 Complaint No NCR -TIP-2012-00- 0001- MTPL
 Complaint No NCR - CL-2012-00-0001-MTPL
NCR – Region
IR/TIP/CL – Case
2012 – Year filed with
DOLE RO/FO
00 – Month
0001 - Case No.
MTPL – Field office
 LEGAL ASSISTANCE AND
COUNSELLING
TOWARDS THE FILING OF THE
CASE

STEP 6
Legal Assistance
Focal Person shall :
 prepare the complaint
 inform the complainant of the
possible venues for filing the case

Office shall bear the cost of photocopy.

Counselling
 Advise the need of subscribing the
complaint and receiving a subpoena for
the conduct of preliminary investigation

 Focal person may or may not accompany

the aggrieved party in filing the complaint
however he shall request for a copy of
complaint after it is filed in court.
FILING OF CASE

STEP 7
 A. CRIMINAL CASE
1. Illegal Recruitment or Trafficking in
Person
Focal person prepares a letter of
the Regional Director to endorse
the case to the appropriate
prosecutor.
2. Child Labor
Focal person recommends to
the Regional Director the
endorsement of the case to
the SBMT for case build up and
filing of case.
3. Estafa and other related crimes
Focal person recommends to the
Regional Director the formal
endorsement of the case to the
relevant IBP chapter or office or other
institutions providing free legal
assistance .
B. ADMINISTRATIVE CASE
1. Recruitment and Placement

Focal person recommends the issuance

of summons to the PRPA in case the
complaint is sufficient.

 Within 1 day from approval thereof,

the hearing officer shall issue
summons to the PRPA owner or
authorized representative
Regional sheriff shall serve the
summons to the PRPA within 3
days from receipt thereof

 PRPA must file the answer within

15 days after receipt of the
summon.
Hearing Officer shall :
 issue a Notice of hearing within 3 days
from receipt of answer
 recommend dismissal or imposition of
penalty within 10 days from
termination of hearing.
 Regional Director shall issue
the
appropriate order within 1 day from
receipt of the recommendation

 Focal person shall send via registered

mail the Order to the parties within 1
day from receipt

 Aggrieved party may file MR or notice of

appeal within 15 days from receipt of
Order to the Regional Director
 If MR is duly filed, the Regional Director shall
resolve it within 10 days from receipt

 If Notice of Appeal is duly filed, the Regional

Director shall endorse the entire records to
the OSEC within 5 days from receipt of
notice.

 OSEC decision is final and executory

except : MR is filed within 10 days from
receipt of the decision.
 If decision of OSEC becomes
final, the records of the case shall
be remanded to the office of
origin within 10 days for the
issuance of writ of execution by
the Regional Director
2. Child Labor Case
Focal Person shall refer to the
procedures in the Manual in the
management of administrative
cases.
 STEP 8
REPORT
 Establishment of system of record
keeping complaints filed and docketed
 Submission of report
monthly, quarterly or as required
 Monitor compliance of orders by parties