DOLE: Tread the legal and moral path in labor laws compliance implementation

From the Department of Labor and Employment

Labor and Employment Secretary Rosalinda Dimapilis-Baldoz yesterday strongly warned all DOLE officials, especially those in charge of implementing the new Labor Laws Compliance System, including labor laws compliance officers, to tread not only the legal, but more so the moral, path in the implementation of the landmark reform, Labor Laws Compliance System (LLCS).

At the same time, she also urged employers to tread this path and put a “full stop” in “sweatshop” practices to transform their plants and factories into decent workplaces by complying with all labor laws as social protection floor for all workers.

Baldoz’s stern warning came after she ordered an internal investigation to ferret out the truth in the issuance of certificate of compliance with general labor standards and occupational safety and health standards to Kentex Manufacturing Corporation, which burned down last May 13, killing 72 workers.

“Based on DOLE record, the said company was previously assessed on March 17, 2014 by labor laws compliance officer, Engr. Joseph G. Vedasto, and assisting LLCO Danilo Tolentino, and a certificate of compliance with GLS and OSH was subsequently issued on September 18, 2014 by DOLE NCR Regional Director Alex V. Avila and CAMANAVA Field Office Director Andrea P. Cabansag,” said Baldoz.

In this regard, Baldoz instructed Avila to submit a written explanation/justification on the issuance of the said COC.

Hinting at a deeper and wider probe, Baldoz said she has asked for the records of all technical safety inspection (TSI) permits issued by the DOLE Regional offices in 2014, including the list of LLCOs who conducted the technical inspection and who recommended the issuance of these permits.

“We are serious in implementing the LLCS and there is no rolling back the gains we have achieved thus far,” she said.

Also yesterday, Baldoz placed all manufacturing establishments nationwide under the Special Assessment or Visit of Establishments, or SAVE, under Department Order No. 131-A-14 Series of 2014.

Issued on July 30, 2014, SAVE is an exercise of the visitorial powers of the Labor and Employment Secretary under Article 128 of the Labor Code, as amended, ordering a special assessment of an establishment to look into, among other indicators, the following:

establishment profile, with information on the number and location of branches;
organizational structure and total number of employees, broken down into the following specific employment classification and structure:

• managerial;
• supervisory;
• rank-and-file employees (classified according to status whether regular/permanent, seasonal, temporary, project-based, fixed-term, casual, probationary, apprentice, under dual training system, learners, trainees, and OJTs); and
• number of workers repeatedly hired, if any, and its frequency (e.g., 3-3-3; 5-5-5, etc.).
  the recruitment, hiring, and firing processes and practices;
• compliance with Labor Laws, GLS, and OSHS;
• other information detailed under the order of the Secretary of Labor and Employment; and
  contractors/subcontractors; total number of employees mobilized, or assigned with the principal/s; term of employment vis-á-vis the term of the service agreement; and compliance with D.O. 18-A.

Establishments placed under the SAVE are assessed by composite teams constituted by the Secretary of Labor and Employment consisting of representatives from the DOLE regional offices, as the lead, the Bureau of Working Conditions, the Occupational Safety and Health Center, and other DOLE agencies, as may be necessary.

“The SAVE shall be simultaneous and will cover head offices and/or branches as maybe necessary,” said Baldoz.

dole.gov.ph