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These two complementary powers to administer and to enforce the law are conferred by the
Labor Code of the Philippines, as amended, on the Secretary of Labor and Employment or his duly
authorized representatives, i. e., the DOLE Regional Directors.
The visitorial grants to said DOLE officials, including labor and employment officers, access to
employer's records and premises at any time of the day or night whenever work is being
undertaken therein, and the right to copy there from such records, to question any employee and
investigate any fact, condition or matter which may be necessary to determine violations or which
may aid in the enforcement of the Labor Code and of any labor law, wage order or rules and
regulations issued pursuant thereto (Art. 128 (a).
The enforcement power to issue compliance orders to give effect to the labor standards
provisions of the Labor Code and other labor legislation based on the findings of labor and
employment officers or industrial safety engineers made in the course of inspection, and to issue
writs of execution to the appropriate authority for the enforcement of their orders, except in cases
where the employer contests the findings of the labor and employment officers and raises issues
supported by documentary proofs which were not considered in the course of inspection." (Art.
128 (b).
What is Labor Standards?
LABOR STANDARDS refer to the minimum requirements prescribed by existing laws, rules
and regulations relating to wages, hours of work, cost of living allowance and other monetary and
welfare benefits, including occupational, safety and health standards.
How does one initiate a complaint for violations of labor standards laws, rules and
regulations?
If employer-employee relationship still exists, any aggrieved employee may file a complaint,
regardless of the amount of monetary claims, before the DOLE regional office, or its provincial
field offices, which has territorial jurisdiction over the workplace.
On the other hand, if employer-employee no longer exists, either:
1.
before the DOLE regional office, provided, that the claim involves recovery of wages and
other monetary claims and benefits, including legal interest, provided further, the following
requisites are present: a) the claim is presented by an employee, or a person employed in
domestic or household service, or house helper; b) the claim arise from employer-employee
relations; c) the claimant does not seek reinstatement; and d) the aggregate money claim of each
claimant does not exceed P5,000.00; or
2.
before the Regional Arbitration Branch of the National Labor Relations Commission, in the
absence of any of the above enumerated requisites pursuant to Article 217 of the Labor Code,
except claims for employees compensation, social security, medicare and maternity benefits.
What happens after the filing of a complaint before the DOLE regional office?
All such complaints for violation of labor standards law, rules and regulations, including
safety and health, shall immediately be forwarded to the Regional Director who shall refer the
case to the appropriate unit in the Regional Office for assignment to a Labor and Employment
Officer (LEO) for field inspection (Section 2, Rule II of the Rules on the Disposition of Labor
Standards Cases in the Regional Offices).
b)
In case said Order/Resolution involves a monetary award, an appeal by the employer may
be perfected only upon the posting of a cash or surety bond issued by a reputable bonding
company duly accredited by the Secretary of Labor and Employment in the amount equivalent
to the monetary award in the order/resolution appealed from (Article 128 (b) of the Labor Code
of the Philippines, as amended by Republic Act No. 7730). No motion for the reduction of appeal
bond is allowed under the Rules.
3.
4.