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Labor Law Compliance System

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Judith Encomienda

on 11 September 2014

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Transcript of Labor Law Compliance System

Labor Law Compliance System
D.O no. 131-13

design by Dóri Sirály for Prezi
Shall cover all private establishments, including their branches and workplace.
Modes of Implementation
Certificate of Compliance
JOINT ASSESSMENT
Shall cover the following instances:

1. Upon receipt of SEnA referral
2. When a complaint is filed against an establishment
COMPLIANCE VISIT
Shall cover the following instances:
1. Existence of Imminent Danger -
2. Dangerous Occurrences
3. Accident resulting to Disabling Injury
4. Occupational Safety and Health Standards violations committed in plain view or in the presence of the LLCO.
OCCUPATIONAL SAFETY AND HEALTH STANDARDS INVESTIGATION
Rules of Labor Law Compliance System
Pursuant to the authority of the Secretary of labor and employment to promulgate the necessary rules and regulations under Article 5 and the visitorial and enforcement power under
ARTICLE 128 of the Labor Code of the Philippines
.

Objectives:
1. Ensuring
compliance
with labor laws
2. Promotion of
voluntary compliance
through the use of
developmental approach
is a supplement to:
a. inculcate a culture of compliance with labor laws
b. ensure fair, expenditious and non-litigious settlement of disputes
c. encourage the use of settlement in all labor cases.
d. strengthen
tripartism
among employees, employers and the government
Coverage
This rules shall govern all matters arising from the visitorial and enforcement power of the secretary of labor and employment under Article 128 of the Labor Code of the Philippines, as amended.
Definition of Terms
Authority to Assess
written authority issued b the secretary of labor and employment or his/her duly authorized representative to the LLCO to conduct assessment, visit or investigation
Notice of Assessment
notice given to the establishment when an LLCO fails to conduct assessment during his/her first visit indicating the docs needed for assessment in the next visit.
Notice of Result
accomplished form issued by the LLCO indicating the results of Joint Assessment, Compliance Visit, OSH Investigation
Joint Assessment or
Assessment
Process of evaluating compliance with labor laws and social legislations jointly undertaken by LLCO and representatives of the employers and employees using the prescribed assessment checklist
Labor Laws Compliance Officers (LLCO)
DOLE personnel authorized to conduct
Joint Assessment, Compliance Visit, Occupational Safety and Health Standards Investigation
, compliance advocacies and advisory services, hold conciliation and mandatory conferences and perform other related functions which may be necessary in the enforcement of Labor Code of the Philippines, as amended.
Compliance Visit or Visit
act of validating compliance with labor laws and social legislations through LLCO based on a complaint.
Occupational Safety and Health Standards Investigation
process of determining the exsistence of imminent danger, dangerous occurrence, accident resulting to disabling injury or analogous circumstances within the workplace based on a report or information
1. Joint Assessment
2. Compliance Visit
3. Occupational Safety and Health Standards Investigation
Minimum Qualifications Standard of LLCO
1. Senior Labor and Employment Officer or Labor and Employment Officer III.
2. Certified passer of level 1A and Level 1B Basic Course for Labor Law Compliance Officers by the Human resource Development Service;
3. With very satisfactory performance rating; and
4. With certificate of good standing from the Bureau of Working Conditions
Priority Establishments and Workplaces:
1. Engaged in hazardous work
2. Employing child employees
3. Engaged in contracting and subcontracting arrangements
4. Philippine registered ships or vessel engaged in domestic shipping
5. Employing 10 or more employees
NOTE:
Covered establishments shall be assessed at least once a year or upon request/application by the establishment
Joint Assessment
Compliance Visit
Imminent Danger Situations
- practice or condition in any workplace that can be reasonably expected to cause death or serious physical harm.

Within
24 hours
from receipt of the information of existence of imminent danger / dangerous occurrence, the Regional Director shall direct the LLCO to conduct an
Investigation
.
IMMINENT DANGER
*If imminent danger was discovered during the conduct of Joint Assessment or Compliance Visit, procedure in ID Investigation shall apply.
Accident resulting to Disabling Injury (DI)
1. COC on General Labor Standards
2. COC on Occupational Safety and Health Standards
3. Labor Standards Certificate of Compliance for Public Transport Utilities
4. COC for ships/vessels engaged in domestic shipping found compliant pursuant to D.O No. 129
* valid for 2 years from the date of issuance
* maintain status of good standing within 4 consecutive years shall automatically qualify for publication nominee to the Tripartite Certificate of Compliance with Labor Standards (TCCLS)
Mandatory Conference
Within 10 days from receipt of the notice of result in Joint Assessment or after the lapse of the period of correction in compliance Visit, the hearing Officer shall conduct Mandatory Conference.

Postponement shall be allowed only on meritorious grounds and shall not exceed 2 postponements.

Parties fail or refuse to appear
during the mandatory conference
despite due notice
and
without justifiable reason
, shall be considered a waiver on their part to controvert the findings of the LLCO. In which case, the issuance of a
Compliance Order
shall be based on the evidence on record.


Compliance Order
Regional Director shall issue a Compliance Order within
10 days
from the termination of the mandatory conference.

It shall be written in a clear and concise language, stating therein the brief statement of the facts, issues, applicable laws, and computation of the monetary award.
APPEAL
The
Compliance Order may be appealed
to the Office of the Secretary or Labor and Employment by filling a
Memorandum of Appeal
, furnishing the other party with a copy of the same, within 10 days from receipt thereof.
No further motion for extension of the time shall be entertained.

Grounds of Appeal
1. Prima facie evidence of abuse of discretion on the part of the Regional Director.
2. Pure question of law
3. Serious errors in the findings of facts were committed which, if not corrected, would cause grave or irreparable damage o injury to the appellant.

Where to Appeal
- shall be filed with
Regional Office which issued the Order
. The filling of Memorandum of Appeal with any other office or agency shall not toll the running of the 10 day reglementary period
APPEAL
Perfection of Appeal
- it is deemed perfected upon filing of the
Memorandum of Appeal
together with
appeal bond
within 10 day reglementary period.

*
In case of
non-perfection
, the
Compliance Order shall become final
and executory and the Regional Director shall motu proprio issue a Notice of Finality.

Appeal Bond
- may either
cash
or
surety bond
in an amount equivalent to the monetary award.
CONTACT US
Telephone Nos.
DOLE - Muntaparlas Field Office: 8080422
DOLE-NCR - 4004262

Websites:
www.dole.gov.ph
www.ncr.dole.gov.ph
Full transcript