OVERVIEW / SALIENT AMENDMENTS

Department Order No. 131-B

“Revised Rules on Labor Laws Compliance System”

DEPARTMENT OF LABOR AND EMPLOYMENT

Bureau of Working Conditions
Intramuros, Manila
BACKGROUND: Concept
What is the Labor Laws Compliance System ?
 mix of regulatory and developmental
approaches in response to existing rigidities
on labor laws compliance while ensuring
decent and productive work
 developmental track to address labor law
violations usually caused by lack of
information on labor laws, rules and
regulations
BACKGROUND: Concept
What Is Developmental Approach ?
 Focuses on VOLUNTARY COMPLIANCE
and INCENTIVES instead of pure
regulations. Establishments are urged
to voluntarily comply with labor laws
and standards.
 Urges TRIPARTISM thru the EMPLOYER EMPLOYEE
involvement of representatives from
both employer’s and employees’ side.
DOLE
OBJECTIVES : Developmental Tracks…
Plant-level Joint Free technical
Assessment assistance on
compliance
LABOR LAWS
COMPLIANCE
SYSTEM Recognition of
voluntary
Awareness-raising/ compliance
capacity-building
Enhancement of plant-
level partnership
mechanism
RULE III − GENERAL PROVISIONS
Modes of Implementation
 Joint Assessment (JA)

 Compliance Visit (CV)

 Occupational Safety and Health

Standards Investigation (OSHI)

 Special Assessment or Visit

of Establishments (SAVE)
RULE III − GENERAL PROVISIONS
Employer’s representative
 Owner, President, Vice President, Manager or any authorized person

Employees’ representative
ORGANIZED UNORGANIZED
any rank-and-file employee
Designated by the sole designated by the majority of the
employees present at the time of
and exclusive bargaining assessment or from any of the ff:
unit in the CBA
Labor-Management Committee
Compliance Committee
Safety and Health Committee
Family Welfare Committee
RULE IV − ESTABLISHMENT’S COMPLIANCE REQUIREMENT

Required Compliance with Labor Laws

All establishments, principal/user enterprise
and contractor/subcon, unless expressly
exempted, must comply with labor
standards, OSH standards and social welfare
benefits for their employees

Employment Records
All employment records shall be kept and maintained in
the premises of all workplaces for at least 3 years.

Establishments with a centralized recording

system shall inform the LLCO of the RO
where its central or head office is located of
such fact.
 RULE V − JOINT ASSESSMENT
 Priority establishments
 Public utility bus
 Other establishments as determined
by DOLE Secretary

 Period of correction of deficiencies:  Compliance

20 days for GLS Verification and
90 days for OSHS follow-up
assessment
 1 day for imminent danger
 3 days for PPE
RULE V − JOINT ASSESSMENT
Joint Assessment Procedure

1 3
Assignment of Verification of
Establishments Compliance

5
2 4
Issuance of NR LLCO to
Presentation recommend &
 Period of correction
of Authority  20 days – GLS RD to issue
to Assess  90 days – OSHS Certificates of
 1 day – imminent danger Compliance
 3 days – PPE
 RULE VI − COMPLIANCE VISIT [Coverage]

 Anonymous  Request in NCMB

complaint proceedings to verify
labor standards
violation and DO 18-A,
 Employer fails to regardless of whether
submit Compliance COC has been issued
Report

 Finding by NLRC of
labor standards and
DO 18-A violations,
regardless of whether
 Complaint against an COC has been issued
establishment with TCCLS
or COCs on GLS and OSHS
RULE VI − COMPLIANCE VISIT
Compliance Visit Procedure

1 3
Receipt of Verification of
Referral or Compliance
Complaint

2 Notice of
Results
______
4 5
_______
_______

Presentation Issuance of NR LLCO to

Authority
to Assess of Authority  Period of recommend &
to Assess correction RD to issue
10 days Certificates of
Compliance
 RULE VII − OCCUPATIONAL SAFETY AND HEALTH INVESTIGATION

 Suspension, cancellation or
revocation of DOLE Accreditation
− if there is false statement or
misrepresentation of safety
and/or health personnel of the
establishment
RULE VIII − WORK STOPPAGE ORDER
 Non-compliance with OSH Standards poses
imminent danger to the health and safety of
employees in the workplace
 Work Stoppage Order Form
 Facts surrounding the incident
 Initial findings of the proximate cause
 The workplace or part thereof covered by WSO
 Names, number and positions affected by WSO
 Recommendations for abatement
 Lifting the WSO – upon receipt of proof and
certification safety officer, practitioner or consultant
that cause of imminent danger was abated
RULE X − CERTIFICATE OF COMPLIANCE
 COC on Labor Relations
 Regional COC issuance to establishments
 List of establishments recommended for COC
issuance shall be published in the website of
DOLE - RO for 10 days

 Establishment must undergo

Orientation on LMC and SEnA

 Establishment shall execute an undertaking that it

shall maintain compliance with labor laws and social
legislation during the effectivity of the COC
RULE X − CERTIFICATE OF COMPLIANCE
 Grounds for COC Revocation
1. If COC was obtained thru deceit,
misrepresentation, intimidation of
workers, false reporting, and other
analogous acts.

2. If establishment, principal, or contractor

is unable to effect correction of
deficiency after the conduct of
Compliance Visit or OSHS Investigation,
within the prescribed period.
RULE X − CERTIFICATE OF COMPLIANCE

3. If dangerous
occurrence results
in disabling injury
attributable to
negligence or fault
of the employer.

4. Other analogous
circumstances.
RULE X − CERTIFICATE OF COMPLIANCE

 Submission of Compliance Report

within 10 days after 1 year of COC
issuance

 Expiring and Expired COC

 Submit Compliance Report not
later than 3 months before the
COC expiration
RULE XI − REFUSAL OF ACCESS TO RECORDS AND/OR PREMISES

 Filing of criminal action in the following cases:

 committed twice during the conduct of JA,
CV or SAVE
 Committed on first attempt to conduct OSH
investigation
 Execution of Affidavit of refusal of Entry
 Receipt of authority to assess
 Conduct JA, CV, OSHI or SAVE
 The fact of refusal by employer on 1st attempt
 Issuance to employer of notice of assessment
 The fact of refusal by employer on 2nd attempt
RULE XVII − MISCELLANEOUS PROVISIONS

 Coordination with Relevant Government Agencies

- The conduct of any of the modes of implementation
may be covered by Memorandum of Agreements to
ensure proper coordination with other relevant
government agencies.
RULE XVIII − TRANSITORY AND FINAL PROVISIONS

 Penalty Clause
 Article 303 (formerly Art. 288) of the
Labor Code
 Republic Act No. 8188 (Double Indemnity law)

 Oversight Function of TIPC

 The National Tripartite Industrial Peace
Council (NTIPC) shall serve as the
oversight committee to monitor
compliance with the DO
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