DOLE OSEC Freedom of Information (FOI)
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Republic of the Philippines DEPARTMENT OF LABOR AND EMPLOYMENT Republic of the Philippines DEPARTMENT OF LABOR AND EMPLOYMENT 1 | P a g e Republic of the Philippines DEPARTMENT OF LABOR AND EMPLOYMENT TABLE OF CONTENTS DOLE PROFILE 1 SECTION I OVERVIEW 4 Purpose…………………………………………………………………………..……….…… 4 Structure………………………………………………………….……………………………. 4 FOI Champion/s ………………………………………….……………….…………..……… 5 FOI Decision Maker/s ……………………..…………………………………………..…….. 5 FOI Receiving Officer/s ………………………………………………………………..……. 5 Central Appeals and Review Committee ……………………………………………….…. 6 FOI Focal Office……………………………………………………………………………… 7 Coverage……………………………………………………………………………………… 7 SECTION II DEFINITION OF TERMS……………………………………………………………….…… 7 SECTION III PROMOTION OF OPENNESS IN GOVERNMENT…………………….……………...… 10 SECTION IV PROTECTION OF PRIVACY………………………………………….…………..……..… 11 SECTION V STANDARD PROCEDURE ……………………………………………………….…..….. 12 Process Flowchart……………………………………………………………………….…… 12 Receipt of Request of Information………………………………………………….……… 13 Initial Evaluation……………………………………….…………………………….…….… 14 Transmittal of Request to the FDM for Processing.…………….………………….…… 15 Processing the Request……………………………….…………………………………..… 16 Request for an Extension of Processing Time……………………………………….…… 16 Approval/ Denial of Request …………………………………………………………..…… 16 Transmittal of Approved/Denied Request to the Requesting Party ………………..….. 17 Detailed FOI Request Procedures with PCT……………………………………………… 18 SECTION VI REMEDIES IN CASE OF DENIAL.............................................................................. 21 Process Flowchart for Appealed Request……………..…………………………………. 22 SECTION VII EXCEPTIONS............................................................................................................. 23 SECTION VIII REQUEST TRACKING SYSTEM................................................................................ 24 SECTION IX FEES…………………………………………………………………………………………. 24 SECTION X ADMINISTRATIVE LIABILITY.................................................................................... 24 Non-compliance with FOI……………………..…………………………………….……… 24 Procedure…………………………………………………………….………………….…… 24 Provisions for More Stringent Laws, Rules and Regulations …………...……………… 24 SECTION XI EFFECTIVITY………………………………………………………………………………… 25 ANNEXES A Detailed List of Exceptions …………………………………………………………………. 26 B FOI Request Form…………………………………………………………………………… 38 C FOI Response Form…………………………………………………………………………. 40 D FOI Route Slip……………………………………………………………………………….. 46 E FOI Resolution……………………………………………………………………………….. 47 F FOI Monitoring Report………………………………………………………………………. 48 G FOI Reports required by the PCOO……………………………………………………….. 50 H Directory of Head of Office/ FOI Champion and FOI Receiving Officers……………… 53 I Executive Order No. 2, Series of 2016……………………………………………………. 65 J FOI Frequently Asked Questions ………………………………………………………….. 70 2 | P a g e Republic of the Philippines DEPARTMENT OF LABOR AND EMPLOYMENT DOLE PROFILE A. CREATION OF THE DEPARTMENT The DOLE started as a small bureau in 1908 under the then Department of Commerce and Police. It had, for its principal functions, the registration of laborers, the compilation and analysis of statistics pertaining labor market situation, the organization of employment agencies, and the settlement of disputes. On December 8,1933, the Bureau of Labor was constituted as a Department by virtue of Republic Act 4121. Since then, it has continuously evolved its thrusts and strategies to respond to emerging socio-political and economic challenges while keeping as primary concern the protection and promotion of the welfare of local and overseas Filipino workers (OFWs). Today, the DOLE is the national government agency mandated to formulate policies, implement programs and projects as well as serve as the policy-coordinating arm of the Executive Branch in the field of labor and employment. It serves over 43 million workers comprising the countries labor force, covering those in the formal and informal economies. On top of this, the DOLE clients also include workers’ organizations, employers and/or employers’ groups, non-government organizations (NGOs), and other government agencies, the academe, other stakeholders, international organizations (e.g. ILO, IOM, UNDP, UNICEF), and the international community including the host countries of our OFWs. To carry out its mandate, the DOLE has Regional Offices, 83 Field Offices with 4 Satelite Offices, 36 Overseas Posts, 6 Bureaus, 7 Staff Services and 10 Agencies attached to it for administrative supervision or for policy and program coordination. B. VISION AND MISSION Vision Every Filipino worker attains full, decent and productive employment. Mission To promote gainful employment opportunities, development human resources, protect workers and promote their welfare, and maintain industrial peace. C. POLICY Department of Labor and Employment, the national government agency mandated to promote gainful employment opportunities and optimize development and utilization of the country’s manpower resources, advance worker’s welfare by providing for just and humane working conditions and terms of employment and maintain industrial peace by promoting harmonious, equitable and stable employment relations that assure equal protection for the rights of all concerned parties, is committed to: 1 | P a g e Republic of the Philippines DEPARTMENT OF LABOR AND EMPLOYMENT 1. Champion the cause of the workers and employers, including their legitimate organizations, towards achieving decent and productive employment for all Filipinos; 2. Exceed client’s satisfaction by providing them with high quality service with professionalism, integrity, sense of responsibility and organizational discipline on timely delivery; 3. Engage its people in maximizing opportunities and enhancing good practices at all levels including relationship management between stakeholders and other interested parties; and 4. Comply with applicable legal and other requirements. D. OBJECTIVES The Department guarantees to fulfill its mandated functions in order to achieve the following objectives: 1. To enhance employability of workers and competitiveness of Micro, Small and Medium Enterprises (MSMEs) by providing more responsive and accessible human resource development programs and employment facilitation services for an efficient matching between skills supply and job vacancies, as well as promoting productivity in enterprises to support creation of jobs; 2. To ensure protection of workers’ rights and maintain industrial peace by enforcing compliance to labor standards, expeditious and fair resolution of labor disputes, enhancing labor-management cooperation and promoting labor education and tripartism in policy and decision making in order to preserve jobs and enhance the quality of employment in the country. 3. To strengthen social protection particularly for vulnerable workers and Overseas Filipino Workers (OFWs) by providing greater access, ensuring benefits and other welfare services, and providing opportunities to transition into a more productive and sustainable employment. 4. To continuously enhance the transform DOLE into an efficient, responsive, purposeful and accountable institution by streamlining processes and making frontline services more responsive to the people’s needs. 2 | P a g e Republic of the Philippines DEPARTMENT OF LABOR AND EMPLOYMENT DOLE ORGANIZATIONAL STRUCTURE Acronyms: Attached Agencies Bureaus Services ECC - Employees Compensation BLE – Bureau of Local AS – Administrative Service Commission Employment FMS – Financial and ILS – Institute for Labor Studies BLR – Bureau of Labor Management Service NCMB – National Conciliation Relations HRDS – Human Resource Mediation Board BWC – Bureau of Working Development Service NLRC – National Labor Relations Conditions IAS – Internal Audit Service Commission BWSC – Bureau of Workers IPS – Information Publication NMP – National Maritime with Special Concerns Service Polytechnic ILAB – International Labor LS – Legal Service POEA – Philippine Overseas Affairs Bureau PS – Planning Service Employment Administration POLO – Philippine PRC – Professional Regulations Overseas Labor Office DLLO – Department Legislative Commission Liaison Office NWPC – National Wages Productivity Commission OSHC – Occupational Safety and Health Center OWWA – Overseas Workers Welfare Administration (including ROs - Regional Offices * Undersecretary for Human Capital Development, Overseas Employment Administration and Policy Support Cluster to represent the DOLE Secretary in the TESDA Board (Administrative Order No. 56-C Series of 2018 “DOLE’s Re-Clustering, September 27,2018) 3 | P a g e Republic of the Philippines DEPARTMENT OF LABOR AND EMPLOYMENT SECTION I. OVERVIEW 1. Purpose: The purpose of this Department of Labor and Employment Freedom of Information Agency Manual (DOLE-OSEC FOI Agency Manual) is to provide the process to guide and assist the DOLE OSEC in dealing with requests of information received under the Executive Order (E.O.) No. 2, Series of 2016 on Freedom of Information (FOI). 2. Structure: This Manual shall set out the rules and procedures to be followed by the DOLE-OSEC when a request for access to information is received. The Department Secretary is responsible for all actions carried out under this Manual and may delegate this responsibility to the Head of Offices. The Head of Offices may delegate a specific officer to act as the FOI Decision Maker (FDM) and FOI Receiving Officer (FRO). Department of