DOLE releases new rules on labor law enforcement

CEBU, Philippines — The Department of Labor and Employment (DOLE) has revised its rules on the enforcement of labor laws to secure a higher level of labor compliance at workplaces.

The DOLE said routine inspections and complaint inspections or occupational safety and health (OSH) standard investigations can now be conducted pursuant to the visitorial power of the labor secretary or authorized representatives, particularly the special inspection team.

Routine inspections shall be conducted in the priority establishments engaged in hazardous work; employing children; engaged in contracting or subcontracting arrangements; employing 10 or more employees; and such other establishments or industries as may be determined by the labor secretary as priority.

On the other hand, a complaint inspection shall be conducted when there is Single Entry Approach (SEnA) and when there is a request for conciliation-meditation proceedings at the National Conciliation and Mediation Board (NCMB) to validate or verify violation of labor standards.

In case of anonymous complaint, the assigned labor inspectors shall conduct a surprise visit in the establishments complained of to validate the reported violations, the labor agency said.

Meanwhile, the conduct of OSH standards investigation will be ordered by the regional director within 24 hours from receipt of information on the existence of imminent danger or dangerous occurrences.

In case the nature of the accident is grave and requires technical assistance, the regional director should recommend to the secretary the creation of a composite team composed of Bureau of Working Conditions (BWC), Occupational Safety and Health Center (OSHC) and Employees Compensation Commission (ECC) to be dispatched immediately for investigation.

Work stoppage order will be issued to any establishment that is found to be non-compliant with the OSH standards, which poses imminent danger to the health and safety of the workers.

Moreover, mandatory conferences shall also be conducted within 10 days after the lapse of the ten-day correction period of violations of general labor standards and contracting and sub-contracting rules.

Establishments that failed to correct labor violations within the remedial period shall cause the immediate issuance of compliance order.

"In case of compliance order issued on the regularization of workers, the employment of the workers shall not be terminated while the appeal is pending," DOLE said.

Thus, concerned principals and contractors must submit a notarized commitment to the regional director stating the regularization of workers and all their entitlements under existing laws, rules, and regulations.

To further ensure continuity and sustainability of labor laws compliance, a list of trained social partners will be given the authority to assess at every start of the year to participate in the conduct of assessment and inspections in key regions where non-compliance with labor laws and standards is high.

Regional Inspection Audit Team is also created to regularly audit once every semester all DOLE regional and field offices to determine whether they fully enforce the Labor Laws Compliance System.