We have heard of fellow OFWs who encountered problems and difficulties with regards to the recruitment agency they applied to, as well as issues concerning their foreign employers.
iSensey would like to share this info on where to file an administrative case in POEA against a recruitment agency or against a foreign employer for violations of PH recruitment laws and offenses committed against the overseas worker or OFWs.
FILE CASE AGAINST RECRUITMENT AGENCIES
If your recruitment agency violated any of the Philippines’ recruitment laws, rules, and regulations, make sure to stand for your right. File a case in POEA so that not only you can get justice, you can also help save our other kababayans from falling into the same trap with the manpower agency you faced an issue with.
The following scenarios and violations of manpower agencies are eligible for filing administrative cases in POEA. These are just some violations, there are more.
- The recruitment agency levies exorbitant placement fee (overcharging).
- The recruitment agency pre-maturely collects placement fee from a would-be OFW.
- The recruitment agency misrepresent data like principal info, salary info, work conditions, place of work, etc.
- The recruitment agency withholds the travel documents of the worker.
- The recruitment agency failed to deploy the qualified worker-OFW-applicant without valid reason.
- The recruitment agency fails to reimburse documentation expenses when deployment did not take place and it’s not the worker’s fault.
- The recruitment agency alters, substitute, or change the employment contract without proper consultation with all concern.
Where you should get legal assistance to help you file an administrative cases against the manpower agency or recruitment agency:
Go to the Legal Assistance Division POEA in the head office which is in EDSA – Ortigas. You can also go to any POEA Regional Office to request for legal assistance for your case.
FILE CASE AGAINST FOREIGN EMPLOYERS
Abusive foreign employers shouldn’t go scot-free when they’ve done our OFWs offense and violates our migrant worker act. If you will encounter the following cases below, or you know of a fellow OFW who are facing the issues below, advice our kababayan to get help, seek legal assistance, and file a case against the erring foreign employer.
- The foreign employer defaults on their contractual obligation.
- The foreign employers’ actions exhibits grave misconduct.
- The foreign employer violates the existing rules and regulations on Filipino overseas employment.
For the cases above and any similar offenses committed by the foreign employer, seek legal aid by visiting the following government agency:
If you are in the Philippines, go to POEA head office Legal Assistance Division.
If you are currently deployed overseas, seek help from the Philippine Embassy or Consulate nearest your workplace.
FILE CASE AGAINST RECRUITMENT AGENCY AND FOREIGN EMPLOYER
Now, if the issue you are facing are with regards to money claims arising from employer-employee-relationship like breach of employment contract, unpaid wages, and illegal dismissal, these are the Philippine agencies that you should visit to get legal assistance:
Migrant Worker’s Desk
National Labor Relations Commission (NLRC)
NLRC Regional Office where you reside
The officer in charge in the legal department of POEA and the other government agencies dedicated to migrant workers will be able to give you complete details on how to file a case and what you should do including what to prepare with respect to affidavits and documents required.
**Filing a case is FREE of charge.
It is with great hope that you won’t need the info detailed on this post because it only means your journey as an OFW is well and good. But should you suffer offenses at the hands of the recruiter or the foreign employer, know that you have rights and that we have recruitment laws protecting our OFWs.
Seek legal aid from our government agencies, file for POEA administrative case against recruiter or foreign employer for any violations committed against you or the employment contract.