Baguio City – To protect and respect all rights at work, the Department of Labor and Employment (DOLE) strictly enforced compliance to labor laws and standards through its labor inspection system. Since August 2016 to present, the Labor Department has inspected some 184,539 establishments covering 12.196 million workers nationwide, as a result of its intensified inspection of private establishments to ensure compliance with labor law standards. Of the 474,329 workers who have been regularized, 343,580 workers were regularized through voluntary regularization while 130,749 workers were regularized through inspection.
In the Cordillera Administrative Region this year a total of one thousand five hundred thirty (1,530) business establishments have undergone labor inspection and this includes include the issuance of DOLE Department Order (DO) No. 174-17 or the new rules on contracting and subcontracting and Executive Order (EO) No. 51 “Implementing Article 106 prohibiting illegal contracting and subcontracting”
DO 174-17, which include the regularization of workers through inspection, deputization of trade unions and employer organizations to participate in the inspection of establishments’ compliance to labor laws and social legislations. The end-of-contract scheme, popularly known as endo, is the practice of hiring and terminating workers after every five months to circumvent their regularization.
For the information of every Juan and Juana, the objective of the Labor Inspection is to further strengthen the implementation of the visitorial and enforcement powers under the Labor Code, towards securing a higher level of compliance with labor laws and standards, and ensuring continuity and sustainability of compliance at workplaces.
For this purpose, the Secretary of Labor and Employment delegates this function to the Regional Offices with the issuance of a list of Labor Inspectors who are given the authority of conduct inspection which covers all private establishments (including their branches and workplaces) in the regions.
For the Cordilleras the DOLE –CAR through the Labor Inspectors, enforce labor laws and social legislation through the conduct of Routine Inspection, Complaint Inspection and Occupational Safety and Health Investigation and upon the discretion of the Secretary, special inspections may be conducted, as may be deemed necessary.
Inspection visits are of two types, namely, general inspection and technical inspection. General inspection is of an integrated nature where the one inspector checks on working conditions as well as basic safety and health matters. Technical inspection concentrates particularly on electrical and mechanical installations. In the vast majority of cases, technical and general inspectors undertake inspection visits separately from each other. In special circumstances, however, they may undertake joint inspections.
There are five different types of general inspection visits including the following: (1) routine or regular inspections (visits to establishments that are scheduled as part of a programme of yearly inspection visits); (2) Complaint/referral inspection (conducted in response to a notice filed by an employee concerning a hazard or labour law violation, or referred by the media or any other source); (3) Imminent danger investigations (conducted based on any condition or practice in any workplace where a specific danger could reasonably be expected to cause death or serious physical harm, and where enforcement of standards can eliminate the danger; (4) Accident investigations (conducted in the event of work related accidents resulting in injury or death), and (5) Spot-checks (inspections recommended by a Regional Monitoring and Evaluation Team related to the self-assessment scheme and inspection of establishments employing fewer than 10 employees and registered Barangay Micro Business Enterprises (BMBE’s) to verify commitments related to the Training and Advisory Visits (TAVs) under the LSEF).
For our business establishments and employers, the documents to prepare for an Inspection are as follows: Roster of the workers (regular, probationary, temporary, casual, piece rate, contractual, etc.), their designation, date hired, and wage rate; Payrolls and/or vouchers; Daily Time Records and/or Time Sheets; Payslips; Last Notice of Results, if any; Proof of payment of 13th month pay/ five (5) days service incentive leave pay; Proof of payment/remittance of SSS/PHILHEALTH/HDMF contributions; Registration under Rule 1020 of the Occupational Safety and Health Standards; Certificate of Accredited Safety Officer/First Aider; Organization of Safety & Health Committee under Rule 1040 of the Occupational Safety and Health Standards; Annual Work Accident/Illness Exposure Data Report/Annual Medical Report; Drug-Free Workplace Policy and Program (D.O. 53-03)/HIV/AIDS Program/Anti-Sexual Harassment Law.
Documents included to be checked also include: Apprenticeship Agreements/Learnership Agreements, if any; List of Resident and Non-resident alien workers, their citizenship, nature of employment and status of stay; Employment permit for Non-resident alien(s); Registration of resident alien(s); Collective Bargaining Agreement, if unionized establishment; Registration under Department Order 174 (or 18-A) for Job Contractors; Service Agreement under D.O. 174 (or 18-A); Contractor’s Bond to answer for wages due to the workers; Employment Contracts with physicians, dentists, nurses and/or first aiders, if applicable; Contract with infirmary and emergency hospitals, if applicable; Proof of service charge distribution, if applicable; Records of leave benefits on sickness, maternity, paternity and solo parent; Company policy and/or practice on voluntary benefits; and Securities and Exchange Commission Certificate or Department of Trade and Industry Certificate and Mayor’s Permit.
END/Patrick T Rillorta