danger situation, dangerous occurrences /or disabling injury, and/or absence of
personal protective equipment).”97
On 22 February 2016, then Labor Secretary Rosalinda Dimapilis-Baldoz issued
DOLE Department Order No. 151-1698 which, among others, implemented the following
changes as far as SEnA for OFWs are concerned:
(a)
excluded from the SEnA violations of Philippine Overseas Employment
Administration (POEA) Rules and Regulations involving:
1.
2.
3.
4.
5.
Serious offenses and offenses penalized with cancellation of license;
Disciplinary actions against overseas workers/seafarers which are
considered serious offenses or which carry the penalty of delisting
from the POEA registry at first offense;
Complaints initiated by the POEA;
Complaints against an agency whose license is revoked, cancelled,
expired or otherwise delisted; and
Complaints categorized under the POEA Rules and Regulations as not
subject to SEnA99
Under Section 139 of Rule II, Part VI of the Revised POEA Rules and Regulations
Governing the Recruitment and Employment of Landbased Overseas Filipino Workers of
2016, money claims of OFW shall be conciliated by the POEA or by the Philippine Overseas
Labor Office (POLO) in accordance with SEnA Rules.
Money claims arising from: (a) placement fees charged or collected for deployment to
countries where the prevailing system, either by law, policy or practice does not allow the
charging and collection of placement fees100; and (b) amounts charged and collected, directly
or indirectly, greater than that specified in the schedule of allowable placement fees, or when
such charging or collection is prohibited by any law, rules or policy, or making a worker pay
or acknowledge any amount greater than that actually received by him/her as loan or
advance101 are settled for the purpose of returning the full amount excessively/illegally
collected.102
The following cases are not subject to SEnA: (a) cases referred by the POLO or any
other government agency; (b) cases initiated by the POEA; and (c) cases involving acts of
misrepresentation for the purpose of securing a license.103
97
98
99
100
101
102
103
https://www.dole.gov.ph/sena-contents/
entitled “Implementing Rules and Regulations of Republic Act No. 10396, or “An Act Strengthening
Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for all Labor Cases, Amending
For this Purpose Article 228 of Presidential Decree No. 442, as amended, otherwise known as the
Labor Code of the Philippines”
Section 3(e) of DOLE Department Order No. 151-16
Section 143 (g) of the Revised POEA Rules and Regulations Governing the Recruitment and
Employment of Landbased Overseas Filipino Workers of 2016
Ibid., Section 143 (h)
Ibid., Section 139
Ibid.
62
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