PART VII e.

Date when the offense was committed;

Disciplinary Action Cases f. Relief sought.

RULE I All supporting documents must be attached to the complaint,

Jurisdiction and Venue whenever possible. (Section 3, Rule II, Part VII, Ibid.).

SECTION 1. Jurisdiction. — The Administration shall SECTION 4. Temporary disqualification. — A foreign

exercise original and exclusive jurisdiction to hear and decide employer/principal against whom a complaint for disciplinary
disciplinary action cases against migrant workers, foreign action has been filed shall be temporarily disqualified from
employers and principals that are administrative in character. participating in the overseas employment program until the
(Section 1, Rule VII, Part VI, Ibid.). respondent submits to the jurisdiction of the Administration.
(Section 4, Rule II, Part VII, Ibid.).
SECTION 2. Venue. — Any complaint involving disciplinary
action cases shall be filed with the Adjudication Office of the SECTION 5. Effect of Filing an Answer. — Upon filing of an
Administration. (Section 2, Rule I, Part VII, Ibid.). answer, the respondent employer shall be qualified to
participate in the overseas employment program without
RULE II prejudice to the outcome of the investigation whereby the
Disciplinary Actions Against Principals/Employers proper penalty shall be imposed. (Section 5, Rule II, Part VII,
Ibid.).
SECTION 1. Grounds for Disciplinary Action Against Foreign
Principals/Employers. — SECTION 6. Preventive Suspension. — A principal/employer
may be suspended from participating in the overseas
a. Default on its contractual obligations to the migrant worker
employment program pending investigation of the disciplinary
and/or to its Philippine agent;
action case when the evidence of guilt is strong and there is
b. Gross violation of laws, rules and regulations on overseas
reasonable ground to believe that the continued deployment to
employment;
the principal/employer will result to further violation or
c. Gross negligence leading to serious injury or illness or
exploitation of migrant workers.
death of the worker;
d. Grave misconduct;
The OE Adjudicator shall, within sixty (60) calendar days from
e. Conviction of an offense involving moral turpitude;
the filing of the case, submit his findings and recommendations
f. Any other case analogous to the foregoing. (Section 1,
in the form of a draft order. (Section 6, Rule II, Part VII, Ibid.).
Rule II, Part VII, Ibid.).
SECTION 7. Handling of Cases. — The procedure provided
SECTION 2. Filing of Complaint. — Any aggrieved person
in this Book shall also apply to disciplinary action cases
may file a complaint in writing and under oath for disciplinary
involving foreign employers/principals. (Section 7, Rule II, Part
action against a principal/employer with the Administration.
VII, Ibid.).
The Administration may, on its own initiative, conduct
SECTION 8. Disqualification of Foreign
proceedings against principals/employers based on verifiable
Employers/Principals. — Foreign employers/principal is against
or official reports. (Section 2, Rule II, Part VII, Ibid.).
whom the penalty of suspension or disqualification had been
imposed through an order, decision or resolution shall be
SECTION 3. Contents and Form of Complaint. — All
disqualified from participating in the overseas employment
complaints shall be under oath and must contain the following:
program unless cleared by the Administration or the penalty
a. Name/s and address/es of the complainants; imposed is lifted. (Section 8, Rule II, Part VII, Ibid.).
b. Name/s and address/es of the respondent/s;
RULE III
c. Specific acts or omissions constituting the alleged offense;
Disciplinary Action Against Overseas Workers
d. Place where the offense was committed;

SECTION 1. Grounds for Disciplinary Action. — Commission
by a migrant worker of any of the offenses enumerated below
or of similar offenses shall be a ground for disciplinary
action:cralaw
A. Pre-Employment Offenses
1. Using, providing, or submitting false information or
documents for purposes of job application or employment.
2. Unjustified refusal to depart for the worksite after all
employment and travel documents have been duly approved
by the appropriate government agency/ies.
B. Offenses during Employment
1. Commission of a felony or crime punishable by Philippine
Laws or by the laws of the host country;
2. Unjustified breach of employment contract;
3. Embezzlement of company funds or monies and/or
properties of a fellow worker entrusted for delivery to kin or
relatives in the Philippines; and
4. Violation/s of the sacred practices of the host country.
(Section 1, Rule III, Part VII, Ibid.).
SECTION 2. Filing of Complaint. — Any person may file a
complaint in writing and under oath for disciplinary action
against a migrant worker with the Administration.
The Administration may, on its own initiative, conduct
proceedings against a migrant worker on the basis of verifiable
or official reports. (Section 2, Rule III, Part VII, Ibid.).
SECTION 3. Contents and Form of Complaint. — All
complaints shall be under oath and must contain, among
others, the following:
a. Name/s and address/es of the complainants;
b. Name/s and address/es of the respondent/s;
c. Specific acts or omission/s constituting the alleged
offense;
d. Place where the offense was committed;
e. Date when the offense was committed; and
f. The relief/s sought.
All supporting documents must be attached to the complaint,
whenever possible. (Section 3, Rule III, Part VII, Ibid.).
SECTION 4. Exempting Circumstances. — The following
considerations shall be legitimate reasons for the refusal of a
worker to depart for the worksite, or to abandon or withdrew
from employment:
a. Exposure to hazardous, demeaning working and living
conditions;
b. Refusal of the employer or principal to grant, release or
remit wages and other benefits due the worker;
c. War, plague or other calamities at the worksite; and
d. Violation of labor laws of the Philippines, the host country
or international labor laws. (Section 4, Rule III, Part VII, Ibid.).
SECTION 5. Handling of Cases. — The procedures provided
in this Book shall apply in disciplinary cases involving workers.
(Section 5, Rule III, Part VII, Ibid.).
SECTION 6. Temporary disqualification from overseas
employment. — A respondent worker subject of a pending
complaint for disciplinary action, as provided in Section 1 (A &
B) of Rule III, Part VII of these Rules, or those against whom a
warrant of arrest or hold departure order is issued by
competent authority shall be disqualified from overseas
employment unless temporarily cleared. (Section 6, Rule III,
Part VII, Ibid.).
SECTION 7. Effect of Filing of an Answer. — Upon filing of
an answer, the respondent worker shall be qualified for
overseas employment without prejudice to the outcome of the
investigation whereby the proper penalty may be imposed.
(Section 7, Rule III, Part VII, Ibid.).
SECTION 8. Disqualification from Overseas Employment. —
Migrant workers against whom suspension or disqualification
has been imposed through an order, decision, or resolution
shall be disqualified from overseas employment unless cleared
by the Administration or the penalty imposed had been lifted.
(Section 8, Rule III, Part VII, Ibid.).
SECTION 9. Preventive Suspension. — A migrant worker
may be preventively suspended when the evidence of guilt is
strong and the charge involves a serious offense. (Section 9,
Rule III, Part VII, Ibid.).