Sei sulla pagina 1di 42

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
BACKGROUND: LLCS Accomplishments
BEFORE NOW
(2004-2013) (2014-2015)
LABOR STANDARDS COVERED 23 94 309%

COMPANY VISITATION Once every 16 years Once every 2 years


127,041
233,425
ESTABLISHMENTS COVERED (annual average – 63,521)
(annual average - 23,000)

6.816-M 5.781-M
WORKERS COVERED
(annual average – 681,604) (annual average – 2.9-M)
AMOUNT RESTITUTED &
P311-M for 355,904 workers P234-M for 1.041-M workers
WORKERS COVERED
Labor Law Compliance
INCREASE IN PERSONNEL Labor Inspectors - 284 96%
Officer - 556
LABOR INSPECTORS PER 100,000
EMPLOYEES IN PRIVATE 1.5% (2010 LFS) 3.1% (2014 LFS) 1.6%
ESTABLISHMENTS
BACKGROUND: LLCS Accomplishments
BEFORE NOW
COMPLIANCE ON: (2004-2013) (2014-2015)

GLS 70.7% 77.6%

81.24 % covering 17,021 88.54% covering


MINIMUM WAGE establishments an average of 54,363
(annual average in 9 years) (annual average in 2 years)

SOCIAL SECURITY 89.59% covering 89.35% covering


BENEFITS average of 681,605 workers average of 2.89-M workers

CORRECTION RATE 21% 27%

SYSTEM
Manual Online LLCS-MIS
DEVELOPMENT
BACKGROUND: Gaps / Observations
 Limited database
 No provision on issuance of COC to
contractors and principal
 High incidence of OSHS violations in
public utility bus companies
 10 days is too short to correct GLS
violations
 Centralized record keeping
BACKGROUND: Gaps / Observations
 Some Accredited Practitioners/
Consultants are remiss in the
performance of their functions
 Rampant practice of 5-5-5 hiring
policy
 Need to review compliance after
first year of issuance of COC
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 II − DEFINITION OF TERMS
 a form, hard copy or electronic,
Assessment containing indicators in assessing
Checklist compliance of establishment,
workplace or worksite with labor
laws and social legislation

 online web-based software


LLCS-Management application system for the
Information System transmission and processing of real-
(LLCS-MIS) time data collected from the field
using an electronic checklist

 number of days given to


Period of Correction establishments to correct noted
(revised) deficiencies:
a. 2o days – GLS for JA or SAVE
b. 10 days – CV or OSHSI
RULE II − DEFINITION OF TERMS
Hazardous Work  work operations or practices performed by a
Processes worker in the establishment in conjunction
with or as incident to such practices and
which expose the employee to hazards
Verification  review by LLCO of pertinent documents
submitted by an establishment

Validation  review by RD or his/her duly authorized


representative of pertinent documents
submitted by an establishment

SAVE  process of evaluating compliance with


Special Assessment Visit labor laws for policy formulation
of Establishment

TSI  inspection/verification of boilers, pressure


Technical Safety vessels, internal combustion engines, elevators
Inspection and other mechanical equipment
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
Modalities of Assessments
Zonal Assessment
- Prioritize zones or areas with low levels of compliance based
on records

In-House OSH Assessment


- Tap accredited OSH practitioners or consultants to monitor
compliance with OSH standards in plants and worksites

Assessment by Industry
- Mobilize Industry Tripartite Councils (ITCs) and associations
for effective and expanded reach

Ecozone-wide Assessment on Voluntary Compliance


- Coordinate with PEZA for conduct on ecozone-wide assessment
of locators’ voluntary compliance with LS and OSHS
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 III − GENERAL PROVISIONS
Toolbox of Programs and Services
1. Occupational safety and health
2. Workplace relations
3. Productivity enhancement
4. Occupational skills enhancement
5. Livelihood assistance

Feedback Mechanism
 DOLE Feedback Form shall be filled out by employer’s and
employees’ reps. and submit to DOLE RO
 Based on the feedback, RD shall submit to BWC an analysis
of the impact of LLCS on the productivity and sustainability
of enterprises, compliance with labor laws and possible
enhancement of the System
RULE III − GENERAL PROVISIONS
Utilization of LLCS-MIS
 Use of electronic gadget in conducting assessments.
 Findings are synced to DOLE Server within 72 hours after
assessment.
 Data gathered shall be used in the generation of reports.
 LLCS-MIS information is available to RDs, Directors of Services,
Bureaus and Attached Agencies of the DOLE.

Conduct of Technical Safety Inspection


 done by LLCOs who are mechanical or
electrical engineers and shall be governed
by the Revised Technical Safety Inspection
Manual
RULE III − GENERAL PROVISIONS
Capability-building Trainings
 conducted by DOLE for representatives of
employers and employees through Workers
Organization Development Program (WODP)

Annual Area-wide Summit for Stakeholders


 DOLE shall conduct summits in Luzon,
Visayas and Mindanao as capability-building
trainings, and program and policy
adjustment consultation process.
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 IV − ESTABLISHMENT’S COMPLIANCE REQUIREMENT

Principal and Contractor or Subcontractor Compliance Requirement


 must be registered, carries a distinct and
independent business, and exercises control
over the workers in the performance of work,
job or service.

 must have substantial capital


and/or investments.
RULE IV − ESTABLISHMENT’S COMPLIANCE REQUIREMENT
The contractor or subcontractor and its principals must have a
Service Agreement which includes the following:

Specific description of the Provision on Net Financial


job, work or service Contracting Capacity

Place of work and terms and Provision on the issuance


conditions governing the of the bond/s
contracting arrangement
Contractor shall remit
monthly the employers’
Term or duration of share and employees’
engagement contribution to SSS, ECC,
PhilHealth and Pag-Ibig
RULE IV − ESTABLISHMENT’S COMPLIANCE REQUIREMENT
The contractor or subcontractor and its employees must have
employment contracts
Specific description of the job, work, or service
to be performed by the employee

Place of work and terms and conditions of


employment including a statement of the wage
rate applicable to the individual employee

Term or duration of employment that must be


co-extensive with the Service Agreement or
with the specific phase of work for which the
employee is engaged
RULE IV − ESTABLISHMENT’S COMPLIANCE REQUIREMENT

 Compliance with the semi-annual


reportorial requirements under
Section 22 of D.O. 18-A

 Compliance with the “no cash bond, no


deposit for or damage on occupation or
industry not allowed to do so by law of by
the Secretary of Labor and Employment”
(Labor Advisory No 11, Series 2014)
RULE IV − ESTABLISHMENT’S COMPLIANCE REQUIREMENT
The contractor shall NOT engaged in labor-only contracting
which is prohibited in Section 6 of D.O. 18-A

 does not have substantial capital or investments


in the form of tools, equipment, machineries,
work premises among others

 does not exercise the right to control over the


performance of the work of the employee
RULE IV − ESTABLISHMENT’S COMPLIANCE REQUIREMENT

Prohibited activities under Section 7 of D.O. 18-A

 Contracting out of jobs or services resulting


in the termination or reduction of regular
employees

 Contracting out with a cabo

 Contracting out through an in-house agency


 Contracting out necessary or desirable jobs
by reason of a strike or lock-out
RULE IV − ESTABLISHMENT’S COMPLIANCE REQUIREMENT

Prohibited activities under Section 7 of D.O. 18-A


 Contracting out of jobs performed by union
members when such will coerce employees in the
exercise of their rights to self-organization

 Repeated hiring of employees under an


employment contract of short duration

 Requiring employees to sign a contract fixing the


period of employment to a term shorter than the
term of the Service Agreement
RULE IV − ESTABLISHMENT’S COMPLIANCE REQUIREMENT

Prohibited activities under Section 7 of D.O. 18-A


 Taking undue advantage of the lack of bargaining
strength of the contractor’s employee
 Refusal to provide a copy of the Service Agreement
and employment contracts
 Engaging by the principal of subcontracted
employees in excess of those provided for in the
applicable CBA
 Engaging the services of apprentices, learners,
trainees or probationary workers
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

Opportunity Technical
Notice of Actual Site Notice of assistance Certificate of
Assessment for corrective
Visit Results action leading to Compliance
compliance

Period of correction
20 days – GLS
90 days – OSHS
 1 day – imminent
danger
 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 2
Receipt of Authorit
y to
Presentation
Referral or Assess
of Authority
Complaint to Assess

3 Notice of
Results
______ 4 5
_______
_______

Issuance of NR
LLCO to
Verification of recommend &
Compliance  Period of
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 IX − SPECIAL ASSESSMENT OR VISIT OF ESTABLISHMENT
 D.O. 131-A (Guidelines in the Conduct of SAVE)
 Creation of composite team
 Participation of Labor Organizations

 Additional indicators:
 establishment’s profile, number &
location of branches
 organizational structure
 recruitment and termination practices
 contractors/subcontractors
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
 Regional COC issuance to establishments engaged in
contracting/subcontracting arrangements

1. COC to contractor − when all its contracting


activities within the region are compliant with
DO 18-A and other laws.
2. COC to Principal or User Enterprise − when it
and its contractor/subcontractor within the
region are found compliant with DO 18-A and
other laws; and its contractors/subcontractors
within the region have been issued with COCs.
RULE X − CERTIFICATE OF COMPLIANCE
Exceptions to No Assessment Rule
 SEnA referral
 Instances under OSH investigation
 Report on Expanded Anti-trafficking in Persons,
Migrant Workers Act, Anti-child Labor law
 When establishment is under SAVE program
 Failure to submit Compliance Report
 Analogous circumstances
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
For inquiries, you can reach us at
askbwc@gmail.com
527-3000 loc. 308

Potrebbero piacerti anche