Xymbolic Trafficking in Persons (TIP)

Compliance Plan

In Xymbolic, we protect our employees, agents, and subcontractors working in any facilities, as well as when working on behalf of the company from engaging in any form of human trafficking-related activities in compliance with Republic Act (RA) 9208, also known as the Anti-Trafficking in Persons Act of 2003.

REPUBLIC ACT NO. 9208 amended by the REPUBLIC ACT NO. 10364.

also known as the Anti-Trafficking in Persons Act of 2003, institute policies to eliminate trafficking in persons especially women and children. It establishes the necessary institutional mechanisms to protect and support trafficked persons, and provides penalties for its violations.

This Act aims to prohibit trafficking in persons. The company, its employees, agents, representatives, and subcontractors are prohibited from engaging in any form of trafficking-related activities.

What is Trafficking in Persons (TIP)

Trafficking in persons is an illegal act and is considered a violation of human rights. It has three (3) interrelated and interdependent elements for a situation to be considered trafficking in persons:

  • ACTS – It involves the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders;


  • MEANS – It is committed by use of threat, or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person; and


  • PURPOSE – It is done for the purpose of exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, involuntary servitude or the removal or sale of organs.

The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose of exploitation or when the adoption is induced by any form of consideration for exploitative purposes shall also be considered as “trafficking in persons” even if it does not involve any of the means mentioned above.

Purpose

The Philippine government defines human trafficking in persons as:  

"The recruitment, harboring, transportation, provision, or obtaining of persons through the use of force, fraud, or coercion, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. It also includes sex trafficking, and inducing a commercial sex act by force, fraud, or coercion, or in which the person induced to perform a commercial sex act is under 18 years old.”  

Human trafficking is inherently harmful, infringes on individual rights, and is contrary to the values of the Xymbolic IT Solutions Provider Corporation. Philippine laws prohibit human trafficking, sex trafficking, forced labor, and trafficking-related activities in persons. Additionally, as a recipient of federal funds from grants, cooperative agreements, and contracts, Xymbolic IT Solutions Provider Corporation is obligated to inform its employees, agents, independent contractors, and subcontractors of the Philippine government’s policy prohibiting trafficking in persons.  

This policy defines human trafficking and trafficking-related activities. Furthermore, it confirms Xymbolic IT Solutions Provider Corporation strong opposition to all forms of human trafficking and ensures the company compliance with the government and federal requirements. 

Where to report incidence of Trafficking in Persons?

Any person who has the personal knowledge on the trafficking incidence can immediately report to any of the following: 

  • Barangay authorities.
  • Nearest police or other law enforcement agencies.
  • Local social welfare and development office.
  • Any member agencies of the Inter-Agency Council Against Trafficking (IACAT).
  • Local anti-trafficking committee or task force.
  • Local council for the protection of children.
  • 1343 Actionline against Human Trafficking.

International trafficking in persons can be reported to the following

  • Philippine Embassy/Consulate which has jurisdiction over the place where the trafficking occurred or where the trafficked person is or may be found.
  • All officers, representatives and personnel of the Philippine government posted abroad under the leadership of the Ambassador or the head of mission.
  • Office of the Undersecretary for Migrant Workers Affairs (OUMWA) of the Department of Foreign Affairs (DFA).
Definitions

The following definitions, and those of other relevant terms used throughout this policy, can be found in the U.S. government’s implementation of 48 CFR § 52.222-50 – Combating Trafficking in Persons.

Agent

  • Any individual, including a director, an officer, an employee, or an independent contractor authorized to act on behalf of the organization.

Coercion

  • Threats of serious harm to or physical restraint against any person;
  • Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person.
  • The abuse or threatened abuse of the legal process.

Commercial sex act

  • Any sex act on account of which anything of value is given to or received by any person.

Commercially available off-the-shelf (COTS) item

  • Any item of supply (including construction material) that is:
    • A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);
    • Sold in substantial quantities in the commercial marketplace.
    • Offered to the government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace.
  • Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Debt bondage

  • The status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

Employee

  • An employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

Forced labor

Knowingly providing or obtaining the labor or services of a person by:

  • threats of serious harm to, or physical restraint against, that person or another person;
  • means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint;
  • means of the abuse or threatened abuse of law or the legal process.

Human trafficking (or “trafficking in persons,” as used in the U.S. government policy)

  • The recruitment, harboring, transportation, provision, or obtaining of persons through the use of force, fraud, or coercion, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. It also includes sex trafficking, and inducing a commercial sex act by force, fraud, or coercion, or in which the person induced to perform a commercial sex act is under 18 years old.

Involuntary servitude

includes a condition of servitude induced by means of

  • Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or
  • The abuse or threatened abuse of the legal process.

Recruitment fees

Fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

  1. Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for
    1. soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;
    2. Advertising;
    3. Obtaining permanent or temporary labor certification, including any associated fees;
    4. Processing applications and petitions;
    5. Acquiring visas, including any associated fees;
    6. Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;
    7. Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;
    8. An employer's recruiters, agents or attorneys, or other notary or legal fees;
    9. language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;
    10. government-mandated fees, such as border crossing fees, levies, or worker welfare funds;
    11. Transportation and subsistence costs.
      1. While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and
      2. From the airport or disembarkation point to the worksite;
    12. Security deposits, bonds, and insurance; and
    13. Equipment charges.
  2. A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is
  3. paid in property or money;
    • Deducted from wages;
    • paid back in wage or benefit concessions;
    • Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or
    • collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to,
      1. Agents;
      2. Labor brokers;
      3. Recruiters;
      4. Staffing firms (including private employment and placement firms);
      5. Subsidiaries/affiliates of the employer;
      6. Any agent or employee of such entities; and
      7. Subcontractors at all tiers.

Severe forms of trafficking in persons

  • sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
  • The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Sex trafficking

  • The recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

Subcontract

  • Any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor

  • Any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

Who can file cases for Trafficking in Persons?

The following persons may file cases of trafficking in persons: 

  • Any person, including a law enforcement officer, who has personal knowledge of the commission of the offense.
  • The trafficked person or the offended party.
  • Parents or legal guardians.
  • Spouse, Siblings; or Children.

Where to file cases of Trafficking in Persons?

A complaint for violation of the Act for the purpose of inquest or preliminary investigation may be filed with the following:

  • Department of Justice - National Prosecution Service, or
  • Provincial/City Prosecution Office
    • where the offense was committed.
    • where any of the elements of the offense occurred; or
    • where the trafficked person resides at the time of the commission of the crime.

Cases involving trafficking in persons should not be dismissed based on the affidavit of desistance executed by the victims or their parents or legal guardians. Prosecutors are directed to oppose and manifest objections to motions for dismissal.

What is the prescriptive period for filing of cases?

Trafficking cases can be filed within 10 years after they are committed. If trafficking is committed by a syndicate or on a large scale or against a child, cases can be filed within 20 years after the commission of the act. 

The prescriptive period is counted from the day the trafficked person is delivered or released from the conditions of bondage.

Scope

This policy applies to all Xymbolic IT Solutions Provider Corporation employees, agents, and subcontractors working in company-owned or -controlled facilities, as well as when working on behalf of the company in non-corporate facilities. For purposes of this policy, unless otherwise stated, the term “employee” includes, but is not limited to, admin, operations staff, technical staff, limited appointees, temporary employees,  student-hourly employees, and other corporate community members working in company-owned or -controlled facilities, as well as when working on behalf of the company in non-corporate facilities.  

What protection is given to trafficked persons?

Legal Protection

Trafficked persons are recognized as victims of trafficking and shall not be penalized for crimes directly related to the acts of trafficking or in obedience to the order made by the trafficker.

Free Legal Assistance

Trafficked persons shall be provided with free legal services which shall include information about the victims’ rights and the procedure for filing complaints, claiming compensation and such other legal remedies available to them, in a language understood by the trafficked person.

Witness Protection Program

Under Section 18 of RA 10364, trafficked victims are entitled to the Witness Protection and Benefits Program established under RA 6981.

Rights to Confidentiality

The name and personal circumstances of the trafficked person or any other information tending to establish the identity of the trafficked person and his or her family shall not be disclosed to the public

Rights to Privacy

Law enforcement officers, prosecutors, judges, court personnel, social workers and medical practitioners, as well as parties to the case, shall protect the right to privacy of the trafficked person at any stage of the investigation, rescue, prosecution and trial.

Victim Compensation Program

Established by RA 7309, the VCP provides compensation to victims of unjust imprisonment or detention and victims if violent crimes.

Policy

I. Policy Statement

Xymbolic prohibits trafficking in persons. The company, its employees, agents, and subcontractors are prohibited from engaging in any of the following types of trafficking-related activities:

  1. Engaging in severe forms of trafficking (defined above) in persons during the period of performance of the contract;
  2. Procuring commercial sex acts during the period of performance of the contract;
  3. Using forced labor in the performance of the contract; 
  4. Destroying, concealing, confiscating, or otherwise denying access to an individual’s identity or immigration documents (i.e., passport or driver’s license) regardless of issuing authority;
  5. Using misleading or fraudulent practices about the employee recruitment or offer processes, such as failing to disclose, in a format and language accessible to the employee or potential employee, key terms and conditions of the engagement, such as wages and fringe benefits, work location, living conditions, housing costs and other significant costs incurred by the employee or potential employee, and any hazardous nature of the work
  6. Using recruiters that do not comply with local labor laws of the countries in which recruiting takes place;
  7. Charging recruitment fees to the individuals recruited to perform the work;
  8. Under certain circumstances, failing to supply return transportation, or payment for return transportation, at the conclusion of the work, if the worker is not a national of the country in which the work occurs and was brought into the country to work on a federal contract;
  9. Providing or arranging housing that fails to meet host country housing and safety standards; and
  10. If required by law or contract, failing to provide an employment contract, recruitment agreement, or other required work documents, in writing, in the employee’s native language, and at least five days prior to the employee departing from their country of origin to work on the contract in another country.  

II. Compliance Plan

Pursuant to Part (h) of FAR 48 C.F.R. § 52.222-50 Xymbolic will maintain a compliance plan when the contract is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services performed outside the United States with an estimated value that exceeds $550,000. At a minimum, the compliance plan must include the following:

  1. An awareness program to inform all employees, agents, and subcontractors engaged in the performance of work under the contract at all project tiers and dollar values of
    1. The U.S. Government’s policies prohibiting human trafficking and trafficking-related activities;
    2. The prohibited activities; and
    3. The disciplinary actions that may result for individuals acting in violation of the policy.
  2. Reporting resources and processes for employees to report suspected violations of the policy, without fear of retaliation, including a means to make available to all employees the hotline phone number of the Philippine Inter-Agency Council Human Trafficking Hotline at Tel: (+632) 523 8482, (+632) 523 6826 and its email address at contactus.iacat@gmail.com 
  3. A recruitment and wage plan that requires partnership with recruitment companies that have trained employees, prohibits charging recruitment fees to the employee or potential employee, and ensures wages meet applicable host-country legal requirements.
  4. Procedures to prevent agents and subcontractors at all project tiers and dollar values from engaging in human trafficking and trafficking-related activities and to monitor, detect, and terminate any employees, agents, or subcontractors who have engaged in such activities.

The Office of Human Resources, and Research and Sponsored Programs shall jointly create, maintain, distribute, and uphold the compliance plan required when Part (h) of FAR 48 C.F.R. § 52.222-50 is applicable.

III. Exclusions

payment or provision of transportation for an employee to return to the United States at the end of their employment under a contract or subcontract is not required if the employee is:

  1. Legally permitted to remain in the country of employment and chooses to do so, or
  2. Exempted from the transportation requirement by an authorized official of the contracting agency. 

IV. Roles and Responsibilities

  1. Contracting.

When contracting with the federal government, the Xymbolic principal investigator, or the person entering into the contract on behalf of Xymbolic or their designee, shall:

  1. Notify individuals working on the project of
    1. the U.S. government', Republic of the Philippines and Xymbolic policies regarding trafficking in persons; and
    2. The disciplinary actions that may be taken against individuals who violate the policy
    • Comply with and distribute the compliance plan pursuant to 48 C.F.R. 52.222-50(h) and described above in “Section II.” Compliance Plan,” when applicable.
    • Notify Xymbolic Human Resources Department – Work force Relations immediately of any information, from any source, that alleges that an employee, agent, or subcontractor has engaged in conduct that violates any part of this policy.
  2. All Xymbolic employees, agents, and subcontractors engaged in a federal contract shall notify The Xymbolic Human Resources Department – Workforce Relations immediately of any information, from any source, that alleges that an employee, agent, or subcontractor has engaged in conduct that violates any part of this policy.  Optional reporting offices include the local police department ; te manager or director of the company or division.
  3. Human Resources Department – Workforce Relations
    1. Respond to any reports or credible information alleging human trafficking, sex trafficking, forced labor, or other violations of the policy.
      1. Where an activity reported to be in violation of this policy would also violate Xymbolic policy on sexual harassment and sexual violence, the Human Resources Department – -Workforce Relations will immediately share the information with the Office of Compliance.

V. Retaliation

Xymbolic prohibits retaliation against any individual who makes a good faith report of suspected wrongful conduct pursuant to this policy or related federal or state policies.

VI. Noncompliance

Employees, agents, or subcontractors who fail to comply with this policy or relevant federal or state law will be subject to appropriate disciplinary action by Xymbolic, including, but not limited to, removal from the contract, termination, or other disciplinary action pursuant to federal and state contracting regulations. Xymbolic must inform the federal contracting officer and inspector general of any credible information, from any source, that alleges an employee, agent, or subcontractor has engaged in conduct that violates the 10 prohibited actions outlined above.

Reporting Resources:

Xymbolic Human Resources Department (XHRD)
Call: +63.956.3619.513
Email: hrd@xymbolic.com.ph

https://www.xymbolic.com.ph/cod

Xymbolic InfoSec Management System (XIMS)
Call: +63.919.9915.377
Email: xims@xymbolic.com.ph

https://www.xymbolic.com.ph/xims

Xymbolic Administration office (XAO)
Call: +63.928.5542.763 
Email: business@xymbolic.com.ph

https://www.xymbolic.com.ph/osh


Actionline against Human Trafficking

To make the government services more accessible to the public, the IACAT, through its ADVOCOM, launched the 1343 Actionline against Human Trafficking on 15 March 2011. It is a 24/7 hotline facility that responds to emergency or crisis calls from victims of human trafficking and their families.

Specifically, the 1343 Actionline aims to: 

  1. receive and respond to requests for assistance, inquiries and referrals from victims, including their families and the public, on matters related to cases of human trafficking, regardless of whether the crime was committed locally or internationally; 
  2. Systematize the referral of cases to appropriate government agencies or non-government organizations as immediately as possible. 

The 1343 Actionline can be reached from any point in Metro Manila and from the provinces using the Manila area code 02. Aside from accessing it through a local telephone line, the 1343 Actionline has expanded its services to provide the following modes of reporting of trafficking-related cases: 

  • Website reporting – www.1343actionline.ph 
  • Email : 1343actionline@cfo.gov.ph
  • Mobile application – 1343 Actionline
  • Global toll-free action lines.
    • Australia +611800250924
    • Japan +814422132883
    • Singapore +58001012846
    • US/Canada +18773348727