department order no. 131-b
TRANSCRIPT
![Page 1: Department Order No. 131-B](https://reader033.vdocuments.us/reader033/viewer/2022051507/589eef021a28aba9498c24fb/html5/thumbnails/1.jpg)
OVERVIEW / SALIENT AMENDMENTS
Department Order No. 131-B“Revised Rules on Labor Laws Compliance System”
DEPARTMENT OF LABOR AND EMPLOYMENTBureau of Working Conditions
Intramuros, Manila
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BACKGROUND: Concept
What is the Labor Laws Compliance System ?
mix of regulatory and developmentalapproaches in response to existing rigiditieson labor laws compliance while ensuringdecent and productive work
developmental track to address labor lawviolations usually caused by lack ofinformation on labor laws, rules andregulations
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BACKGROUND: Concept
What Is Developmental Approach ?
Focuses on VOLUNTARY COMPLIANCEand INCENTIVES instead of pure regulations. Establishments are urged to voluntarily comply with labor laws and standards.
Urges TRIPARTISM thru the involvement of representatives from both employer’s and employees’ side.
EMPLOYER EMPLOYEE
DOLE
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BACKGROUND: LLCS Accomplishments
BEFORE( 2 0 0 4 - 2 0 1 3 )
NOW( 2 0 1 4 - 2 0 1 5 )
LABOR STANDARDS COVERED 23 94
COMPANY VISITATION Once every 16 years Once every 2 years
ESTABLISHMENTS COVERED233,425
(annual average - 23,000)127,041
(annual average – 63,521)
WORKERS COVERED6.816-M
(annual average – 681,604)5.781-M
(annual average – 2.9-M)AMOUNT RESTITUTED &
WORKERS COVEREDP311-M for 355,904 workers P234-M for 1.041-M workers
INCREASE IN PERSONNEL Labor Inspectors - 284 Labor Law ComplianceOfficer - 556
LABOR INSPECTORS PER 100,000 EMPLOYEES IN PRIVATE
ESTABLISHMENTS1.5% (2010 LFS) 3.1% (2014 LFS)
309%
96%
1.6%
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BACKGROUND: LLCS Accomplishments
CO MPLIANCE O N:BEFORE( 2 0 0 4 - 2 0 1 3 )
NOW( 2 0 1 4 - 2 0 1 5 )
G L S 70.7% 77.6%
M I N I M U M WA G E81.24 % covering 17,021
establishments (annual average in 9 years)
88.54% coveringan average of 54,363
(annual average in 2 years)
S O C I A L S E C U R I T Y B E N E F I T S
89.59% coveringaverage of 681,605 workers
89.35% covering average of 2.89-M workers
C O R R E C T I O N R AT E 21% 27%
S Y S T E M D E V E L O P M E N T
Manual Online LLCS-MIS
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BACKGROUND: Gaps / Observations
Limited database
No provision on issuance of COC tocontractors and principal
High incidence of OSHS violations inpublic utility bus companies
10 days is too short to correct GLSviolations
Centralized record keeping
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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
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OBJECTIVES :
LABOR LAWS COMPLIANCE
SYSTEM
Awareness-raising/ capacity-building
Enhancement of plant-level partnership mechanism
Free technical assistance on
compliance
Plant-level Joint Assessment
Recognition of voluntary
compliance
Developmental Tracks…
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RULE II − DEFINITION OF TERMS
Assessment Checklist
Period of Correction (revised)
LLCS-Management Information System (LLCS-MIS)
online web-based softwareapplication system for thetransmission and processing of real-time data collected from the fieldusing an electronic checklist
a form, hard copy or electronic,containing indicators in assessingcompliance of establishment,workplace or worksite with laborlaws and social legislation
number of days given toestablishments to correct noteddeficiencies:a. 2o days – GLS for JA or SAVEb. 10 days – CV or OSHSI
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RULE II − DEFINITION OF TERMS
Hazardous Work Processes
review by LLCO of pertinent documents submitted by an establishment
work operations or practices performed by aworker in the establishment in conjunctionwith or as incident to such practices andwhich expose the employee to hazards
Verification
review by RD or his/her duly authorized representative of pertinent documents submitted by an establishment
Validation
SAVESpecial Assessment Visit
of Establishment
process of evaluating compliance with labor laws for policy formulation
TSITechnical Safety
Inspection
inspection/verification of boilers, pressure vessels, internal combustion engines, elevators and other mechanical equipment
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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)
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RULE III − GENERAL PROVISIONS
Modalities of AssessmentsZonal 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
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RULE III − GENERAL PROVISIONS
ORGANIZED
Designated by the soleand exclusive bargainingunit in the CBA
any rank-and-file employee designated by the majority of the employees present at the time of assessment or from any of the ff:
Labor-Management Committee
Compliance Committee
Safety and Health Committee
Family Welfare Committee
Employer’s representative
Owner, President, Vice President, Manager or any authorized person
Employees’ representative
UNORGANIZED
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RULE III − GENERAL PROVISIONS
1. Occupational safety and health2. Workplace relations3. Productivity enhancement4. Occupational skills enhancement5. Livelihood assistance
Toolbox of Programs and Services
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
Feedback Mechanism
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RULE III − GENERAL PROVISIONS
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.
Utilization of LLCS-MIS
done by LLCOs who are mechanical or electrical engineers and shall be governed by the Revised Technical Safety Inspection Manual
Conduct of Technical Safety Inspection
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RULE III − GENERAL PROVISIONS
DOLE shall conduct summits in Luzon, Visayas and Mindanao as capability-building trainings, and program and policy adjustment consultation process.
Annual Area-wide Summit for Stakeholders
Capability-building Trainings
conducted by DOLE for representatives of employers and employees through Workers Organization Development Program (WODP)
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RULE IV − ESTABLISHMENT’S COMPLIANCE REQUIREMENT
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
Required Compliance with Labor Laws
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.
Employment Records
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RULE IV − ESTABLISHMENT’S 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.
Principal and Contractor or Subcontractor Compliance Requirement
must have substantial capital and/or investments.
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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 thejob, work or service
Place of work and terms andconditions governing thecontracting arrangement
Provision on Net FinancialContracting Capacity
Provision on the issuanceof the bond/s
Contractor shall remitmonthly the employers’share and employees’contribution to SSS, ECC,PhilHealth and Pag-Ibig
Term or duration ofengagement
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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
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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)
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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
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RULE IV − ESTABLISHMENT’S COMPLIANCE REQUIREMENT
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
Prohibited activities under Section 7 of D.O. 18-A
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RULE IV − ESTABLISHMENT’S COMPLIANCE REQUIREMENT
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
Prohibited activities under Section 7 of D.O. 18-A
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RULE IV − ESTABLISHMENT’S COMPLIANCE REQUIREMENT
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
Prohibited activities under Section 7 of D.O. 18-A
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RULE V − JOINT ASSESSMENT
Priority establishments
Public utility bus
Other establishments as determined by DOLE Secretary
Compliance Verification and follow-up assessment
Period of correction of deficiencies:
20 days for GLS
90 days for OSHS
1 day for imminent danger
3 days for PPE
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RULE V − JOINT ASSESSMENT
Joint Assessment Procedure
Certificate of Compliance
Notice of Assessment
Actual Site Visit
Notice of Results
Opportunity for corrective
action
Technical assistance leading to
compliance
Period of correction20 days – GLS
90 days – OSHS
1 day – imminent danger
3 days – PPE
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RULE VI − COMPLIANCE VISIT [Coverage]
Employer fails to submit Compliance Report
Anonymous complaint
Complaint against an establishment with TCCLS or COCs on GLS and OSHS
Finding by NLRC of labor standards and DO 18-A violations, regardless of whether COC has been issued
Request in NCMB proceedings to verify labor standards violation and DO 18-A, regardless of whether COC has been issued
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RULE VI − COMPLIANCE VISIT
Compliance Visit Procedure
Presentation of Authority
to Assess
Verification of Compliance
Issuance of NR
Period of correction
10 days
LLCO to recommend &
RD to issue Certificates of
Compliance
1 2
3 4 5
Receipt of Referral or Complaint
Authority to
Assess
Notice of
Results
______
_______
_______
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RULE VII − OCCUPATIONAL SAFETY AND HEALTH INVESTIGATION
Suspension, cancellation or revocation of DOLE Accreditation
− if there is false statement ormisrepresentation of safetyand/or health personnel of theestablishment
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RULE VIII − WORK STOPPAGE ORDER
Non-compliance with OSH Standards posesimminent danger to the health and safety ofemployees 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 andcertification safety officer, practitioner or consultantthat cause of imminent danger was abated
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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
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RULE X − CERTIFICATE OF COMPLIANCE
COC on Labor Relations
Regional COC issuance to establishments
Establishment shall execute an undertaking that it shall maintain compliance with labor laws and social legislation during the effectivity of the COC
Establishment must undergo Orientation on LMC and SEnA
List of establishments recommended for COC issuance shall be published in the website of DOLE - RO for 10 days
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RULE X − CERTIFICATE OF COMPLIANCE
Regional COC issuance to establishments engaged incontracting/subcontracting arrangements
1. COC to contractor − when all its contractingactivities within the region are compliant withDO 18-A and other laws.
2. COC to Principal or User Enterprise − when itand its contractor/subcontractor within theregion are found compliant with DO 18-A andother laws; and its contractors/subcontractorswithin the region have been issued with COCs.
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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
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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.
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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.
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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
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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
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RULE XVII − MISCELLANEOUS PROVISIONS
Coordination with Relevant Government Agencies
- The conduct of any of the modes of implementationmay be covered by Memorandum of Agreements toensure proper coordination with other relevantgovernment agencies.
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RULE XVIII − TRANSITORY AND FINAL PROVISIONS
Penalty Clause
Article 303 (formerly Art. 288) of theLabor Code
Republic Act No. 8188 (Double Indemnity law)
Oversight Function of TIPC
The National Tripartite Industrial PeaceCouncil (NTIPC) shall serve as theoversight committee to monitorcompliance with the DO