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NEWS AUGUST 2019

DOLE may halt collection of SSS fees from OFWs PUNISHES
Continued from Page 6
h e not be tied to the issuance of the required since the source of the contribution Throughout his presidency so far, Duterte has
Department overseas employment certificate (OEC). should be the salary earned. also spewed out sexist remarks, including rape jokes,
Tof Labor “Tying up the payment of SSS The POEA further called for the that drew widespread condemnation.
Responsibility of establishments.
and Employment premium to issuance of the OEC is an convening of the joint committee of the
(DOLE) is likely to ultra vires act, or beyond the authority of DOLE, SSS and the Department of Foreign To make sure these acts are punished, the law
temporarily halt the the agency,” Olalia said in a memorandum Affairs (DFA) to review certain provisions orders that the management of restaurants, cinemas,
collection of Social Security System (SSS) to DOLE. of the IRR of the new SSS law. malls, bars, and other privately-owned places open
premiums from departing overseas Filipino “The POEA should not be a collecting “The bone of contention is the to the public adopt a “zero-tolerance policy.” They are
workers (OFWs). agent of SSS. It is not the mandate of the incoherence of the provisions that to help the victim by coordinating with local police
After sectoral consultation, the POEA to collect SSS contributions, as such newly hired OFWs shall pay one monthly “immediately after” the sexual harassment and make
Philippine Overseas Employment is mandated to SSS,” Olalia added. contribution and for re-hires, three CCTV footage available when ordered by the court.
Administration (POEA) recommended to While the POEA supported monthly contributions,” POEA noted. Malacañang says President Rodrigo Duterte ‘will
DOLE the suspension of the collection of SSS compulsory SSS coverage of OFWs, Olalia Under the new law, newly hired be the first one to obey’ the Bawal Bastos law
Responsibility of LTO, LTFRB.
premiums. said it should be done through bilateral OFWs are required to pay in advance
Contrary to the implementing rules labor agreements and other measures of P960 per month SSS premium, while It will be the Land Transportation Office and
and regulations (IRR) of the new SSS enforcement. returning workers will pay three-month Land Transportation Franchise Regulatory Board
Law, the POEA said it has no authority to The POEA chief further stressed that contributions amounting to P2,880 or they that will penalize drivers of public utility vehicles.
collect SSS premiums. SSS contributions should be collected will not be issued the mandatory OECs. The punishment includes canceling the license of the
According to POEA administrator after the OFW’s deployment, when the POEA said that while the review is driver and suspending or revoking the franchise of the
Bernardo Olalia, members of the agency’s OFW is already earning. being undertaken, implementation of transportation operator.
Responsibility of local government units.
governing board reached a consensus Olalia noted that the SSS premium such provision should be suspended.
that collection of SSS contributions must cannot be collected prior to deployment —Philstar LGUs are to pass an ordinance localizing the
national law within 60 days of the law’s effectivity.
LGUs shall bear the “primary responsibility” of
enforcing the law. The Department of Interior and
Local Government is supposed to make sure LGUs
comply.
Online sexual harassment
Online harassment is defined by the law as the
“use of information and communication technology in
terrorizing and intimidating victims through physical,
psychological, and emotional threats.”
Forms of online sexual harassment
and penalties for each are as follows:
l Unwanted sexual misogynistic, transphobic,
homophobic, and sexist remarks and comments
online whether publicly or through direct and private
messages
l Invasion of victim’s privacy through cyberstalking
and incessant messaging
l Uploading and sharing without the consent of the
victims, any form of media that contains photos, voice,
or video with sexual content
l Unauthorized recording and sharing of any of the
victim’s photos, videos, or any information online
l Impersonating identities of victims online or
posting lies about victims to harm their reputation
l Filing false abuse reports to online platforms to
silence victims
Penalty
— 2 years, 4 months, and 1 day to 4 years and 2 months
in prison or P100,000 to P500,000-fine, or both
— The law puts the Philippine National Police’s
Anti-Cybercrime Group (PNPACG) in charge of
apprehending violators. The PNPACG must develop
an online mechanism for reporting, in “real time,”
gender-based online sexual harassment.
— Sexual harassment in workplaces, educational
institutions
The act defines sexual harassment in workplaces
this way: “An act or series of acts involving any
unwelcome sexual advances, requests or demand for
sexual favors or any act of sexual nature, whether done
verbally, physicall or through the use of technology
such as text messaging or electronic mail or through
any other forms of information and communication
systems, that has or could have detrimental effect
on the conditions of an individual’s employment or
education, job performance or opportunities.”
It also includes unwanted conduct of sexual
nature or conduct based on sex affecting the dignity of
a person.
Employers and other persons of authority
must prevent or punish these acts, says the law.
Among actions they must pursue is the creation
of an independent internal committee to address
complaints and investigate them. The committee
should be headed by a woman and must be at least
half composed of women.
The same responsibility is placed on the
shoulders of school heads for sexual harassment in
educational and training institutions.
— Rappler.com