DOLE adopts new policy on labor inspections

By Mayen Jaymalin (The Philippine Star), Oct 23, 2017

MANILA, Philippines — The Department of Labor and Employment (DOLE) has adopted a new policy to hasten the regularization of contractual workers and ensure compliance with labor standards.

Labor Secretary Silvestre Bello issued a new department order revising rules on administration and enforcement of labor laws.

“The revised rules is aimed to further strengthen the implementation of the visitorial and enforcement powers toward securing a higher level of compliance with labor laws and standards,” Bello said.

Under the new rules, Bello said, establishments found with violations on contracting and subcontracting and other labor standards are required to institute corrective action within 10 days.

When the employer manifests to correct violation of subcontracting, the DOLE regional director shall direct the company to submit documents showing compliance or the list of workers absorbed by the principal.

Upon receipt of the compliance, the regional director shall conduct verification or validation within five days.

A mandatory conference shall be conducted within 10 days after the lapse of the 10-day correction period for violation of labor standards and contracting and sub-contracting rules.

Within 10 days after the termination of the mandatory conference, the hearing officer shall submit recommendation of disposition and the DOLE regional director shall issue corresponding compliance order within 20 days.

In case the compliance order issued includes directive for the regularize workers, the employment of workers ordered to be regularized shall not be terminated pending appeal.

Concerned parties may enter into a written compromise agreement that shall bind them.

Upon assumption as labor secretary in 2016, Bello mounted a campaign to eradicate the end-of-contract scheme and other forms of illegal contractualization.

However, labor officials admitted that there have been delays in the regularization of contractual workers.

The delay was attributed to prolonged mandatory conferences and resolution of complaints on contracting and subcontracting violations.

Bello said that all establishments are mandated to comply with labor standards, including regulations on contracting and sub-conrtacting arrangements.

The new policy also allows the DOLE Secretary to issue at the start of every year a list of labor inspectors with general authority to inspect establishments’ compliance with labor laws.

Qualified representatives of labor organizations, employers’ groups, non-governmental organizations are authorized to participate in the inspection of establishments.