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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