list of cases handled and disposed report for... · 2017-05-31 · authenticated copy of...

REFERENCE DATE: As of 31-Jan-17

No. CASE TITLENAME OF

COMPLAINANT

NAME OF PARTY

COMPLAINED OFCASE NUMBER

CASE ARISING

FROM:(Indicate JA, CV,

OSHI)

NATURE OF

BUSINESS

Contractor/

Sub-

contractor

(Yes/No)

Major IssueDATE FILED

(dd-Mon-yy)

DATE

DISPOSED

(dd-Mon-15)

DAYS

DURATION*

MONETARY

BENEFITS

WORKERS

BENEFITED

1

In re: JA conducted at Patrol

Guard & Allied Services/J's & G

Trading Co. Inc (Avon

Cosmetics), Tagnipa, Maasin

City/T. Oppus St., Abgao,

Maasin City

Patrol Guard & Allied Services

(Tagnipa, Maasin City, So. Leyte)

RO8-SLFO-JA-2016-

07-169JA Security Yes

Underpayment of minimum wage

(PADPAO Rate) amtg to P129,267

covering 2 workers; non-payment of

overtime pay amtg to P261,693.10

covering 2 workers; non-payment of

night shift differential amtg to

P13,822.82 covering 2 workers; non-

payment of service incentive leave pay

amounting to P3,720.12; non-payment

of 13th month pay amtg to 30,771.32;

non-submission/presentation of service

agreemnt and standard computation

between J's * G Trading Co., Inc. and

security agency; non-presentation of

cert. of registration under DO 18-A; non-

payment of uniform allowance amtg to

P5,200.00 covering 2 workers

2-Sep-16 31-Jan-17 151

2

In re: JA conducted at Peachtree

Lodge, MCM Bldg., Real St.,

Ormoc City

Marylou C. MonasterioRO8-WLFO-JA-2016-

10-197-GJA

Non-payment of holiday pay, special day

premium pay and night shift differential;

some workers have no coverage with

SSS, PHIC and HDMF

18-Nov-16 19-Jan-17 62 153,525.00 11

3

In re: JA conducted at CDC

Manufacturing Corp./ Gaisano

Capital

CDC Manufacturing Corp./

Gaisano Capital

RO8-NLFO-JA-2016-

11-311-GJA

Company does not have exclusive

control over the performance of job of

the workers, etc; mgt failed to present

authenticated copy of registration on

DO 18-A, Service Agreement and

employment contract; Non-payment os

SIL

25-Nov-16

4

In re: CV conducted at Paradise

Village, San Isidro, Bobon, N.

Samar

Paradise Village and/or Teresa

Bech

RO8-NSFO-CV-2016-

09-006-GCV Resort

underpayment of minimum wage, non

payment of NSD and ovrtime; non-

coverage to SWB

29-Sep-16 06-Oct-16 7

5

In re: CV conducted at River

View Hotel, Rizal St., Catarman,

N. Samar

River View Hotel and/or Ronald B.

Difontorom

RO8-NSFO-CV-2016-

09-007-GCV Hotel

proof of employment records; salary

differential, 13th month pay; overtime;

holiday premium and SSS remttance

07-Oct-16 18/10/2016 11

Republic of the Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT

DOLE Regional Office No. 8

LIST OF CASES HANDLED AND DISPOSED

NEW CASES FOR JANUARY 2017

DOLE-BWC-DISPOSED


COMPLAINANT

NAME OF PARTY


CASE ARISING


OSHI)

NATURE OF

BUSINESS

Contractor/

Sub-

contractor

(Yes/No)


(dd-Mon-yy)

DATE

DISPOSED

(dd-Mon-15)

DAYS

DURATION*

MONETARY

BENEFITS

WORKERS

BENEFITED

6

In re: CV conducted at San Juan

dela Guardia Security Agency,

Inc., Catarman, N. Samar

San Juan dela Guardia Security

Agency, Inc. and/or Noe C. Dianito

RO8-NSFO-CV-2016-

09-008-GCV Security Agency

underpayment of minimum wage and

13th month pay; non-payment of

ovetime and holiday premium;

12-Oct-16 19-Oct-16 7

7

In re: JA conducted at Uy's Gas

Center, ML Quezon, Catarman,

N. Samar

Carl N. UyRO8-NSFO-JA-2016-

09-192-GJA Retail

Non-presentation of employment

records; non-payment of regular holiday

pay, special pay and premium pay for 7

workers; non-payment of service

incentive leave for 6 workers; no HDMF

coverage for 7 workers

07-Oct-16 18/10/2016 11

8

In re JA conducted at Color Hub

& Hardware, Catarman, N .

Samar

Pablito MolinaRO8-NSFO-JA-2016-

09-196-GJA Retail

Underpayment of Service Incentive

Leave; Non-payment of Overtime pay;

non-presentation of payroll

07-Oct-16 18/10/2016 11

9

In re: Joint Assesment

conducted at MALAGUICAY

ENTERPRISES and/or MATEO A.

PEREZ, JR., located at Brgy.

Malaguicay, Tanauan, Leyte

MALAGUICAY ENTERPRISES and/or

MATEO A. PEREZ, JR.

RO8-NLFO-CV-2017-

01-001-GCV

General

Merchandise

Non payment of 13th month pay,

holiday pay & special day premium; Non-

coverage of Social Benefits; Registration

of RULE 1020; No Safety and Health

Organization:; Non-submission n of OSH

Admin Reports

25-Jan-17

10


conducted at TACLOBAN

MABUHAY GLASS SUPPLY

and/or WILLY JULIO, located at

Burgos cor. Rizal Ave., Tacloban

City

TACLOBAN MABUHAY GLASS

SUPPLY and/or WILLY JULIO

RO8-NLFO-CV-2017-

01-002-GCV

Glass/ Aluminum

Supply

Underpaid Wages; Non-payment of

Holiday Pay & SIL; Non-

Coverage/Remittance of Social Benefits;

Illegal Deductions (fines); Non-

submission of OSH Admin Reports

25-Jan-17

11


conducted at MABUHAY

CANVASS UPHOLSTERY and/or

HELEN JULIU, located at Rizal

Ave., Tacloban City

MABUHAY CANVASS UPHOLSTERY

and/or HELEN JULIO

RO8-NLFO-2017-CV-

01-003-GCV Retail

Non-payment of Holiday Pay; Non-

presentation of Employment Record

including Coverage/Remittance of Social

Benefits; Illegal Deductions (fines)

25-Jan-17

12


conducted at WJ BUILDERS

and/or c/o WILLY JULIU, located

at 84 p. Burgos

WJ BUILDERS and/or c/o WILLY

JULIU

RO8-NLFO-2017-CV-

01-004-GCV Construction

No findings since the establishment was

temporarily close and the owner was

out of the country during the

assesment.

25-Jan-17

13


conducted at HAPPY SLEEP BED

DEPOT and/orKRISTINE MAE

JULIO, located at Brgy. 91,

Abucay, Maharlika Highway,

Tacloban City

HAPPY SLEEP BED DEPOT

and/orKRISTINE MAE JULIO

RO8-NLFO-2017-CV-

01-005-GCV Retail Furniture

Non-presentation of Employment

Record; Underpaid Wages; Non-

payment of 13th month pay & SIL; Non-


Illegal Deductions (fines)

25-Jan-17

14

In re: JA conducted at

Breadpoint Bakery, Real ST.,

Dolores, E. Samar

Breadpoint Bakery (Dolores ES)RO8-ESFO-JA-2016-

10-200-GJA Bakesop

Required to submit proof of payment,

remittances to SSS, PHIC and HDMF;

Required to restitute amount to the

affected workers for underpayment of

wages

16-Dec-16 27-Dec-16 11

15

In re: JA conducted at

Breadpoint Bakery, Taft, Eastern

Samar

Breadpoint Bakery (Taft, ES)RO8-ESFO-JA-2016-

10-201-GJA Bakesop

No records available during the conduct

of assessment. Affidavit executed by

employees revealed that management is

paying below the prescribed minimum

wage rate per wage order no.18

16-Dec-16 27-Dec-16 11


COMPLAINANT

NAME OF PARTY


CASE ARISING


OSHI)

NATURE OF

BUSINESS

Contractor/

Sub-

contractor

(Yes/No)


(dd-Mon-yy)

DATE

DISPOSED

(dd-Mon-15)

DAYS

DURATION*

MONETARY

BENEFITS

WORKERS

BENEFITED

16

In re: JA conducted at Yakal

Construction, Cogon, Guiuan, E.

Samar

Yakal ConstructionRO8-ESFO-JA-2016-

10-202-GJA Construction

Per verification of records andinterview

with employee conducted and affidavit

executed by employees, management is

not complying with wage order # 18;

required to submit proof of remittances

on SSS, PHIC and HDMF; required to

submit approved construction safety

and health programs

16-Dec-16 27-Dec-16 11 5,727.00 1

17

In re: JA conducted at Millenium

Agri-Raiser Supply, San Nicolas,

Guiuan, E. Samar

Millenium Agri-Raiser SupplyRO8-ESFO-JA-2016-

10-203-GJA Retail

Per interview and affidavit of employees

executed, management failed to pay

overtime pay; submit payroll/proof of

remittances on SSS, PHIC and HDMF

16-Dec-16 27-Dec-16 11

18In re: JA conducted at HXR

Trading, Real ST., Borongan CityHXR Trading

RO8-ESFO-JA-2016-

10-204-GJA Retail

Required to submit fire safety inspection

certificate; required to register

establishment with DOLE ESFO per rule

1020-OSHS; un derpayment of wages

per wage order # 18; required to

submkit proof of remittances to SSS,

PHIC and HDMF

16-Dec-16 16-Dec-16 0

19

In re: JA conducted at Hotel

Kkaishra, Lugay St., Guiuan, E.

Samar

Hotel KhaishraRO8-ESFO-JA-2016-

10-205-GJA Hotel

Per verification of records and interviwe

with employee conducted; 2 employees

were underpaid [er wage order no.18;

required to submit proof of remittances

to SSS, PHIC and HDMF;

16-Dec-16 27-Dec-16 11 6,240.00 2

20

In re: JA conducted at Amiel's

Bakery, Brgy. Bato, Borongan

City

Amiels BakeryRO8-ESFO-JA-2016-

10-206-GJA Bakesop

No payroll available during the conduct

of assessment; affidavit executed by

employees revealed that management is

complying with wage order no.18

16-Dec-16 27-Dec-16 11

21

In re: JA conducted att Rufrance

General Merchandise,

Balangiga, E. Samar

Rufrance General MerchandiseRO8-ESFO-JA-2016-

10-207-GJA Merchandise

Per affidavit executed by employees and

payroll presented by management

appears that they are complying with

wage order # 18; required to enroll

employees with SSS, PHIC and HDMF;

required to submit fire safety inspection

certificate

22-Nov-16 16-Dec-16 24

22

In re: JA conducted at Rufrance

General Merchandise, Brgy.03

Quinapondan, E. Samar

Rufrance General MerchandiseRO8-ESFO-JA-2016-

10-208-GJA Merchandise

Per interview with employees and

record submitted, management is

complying with wage order No. 18;

Required o enroll employees with SSS,

PHIC and HDMF; required to submit fire

safety inspection certificate (FSC)

16-Dec-16 27-Dec-16 11


COMPLAINANT

NAME OF PARTY


CASE ARISING


OSHI)

NATURE OF

BUSINESS

Contractor/

Sub-

contractor

(Yes/No)


(dd-Mon-yy)

DATE

DISPOSED

(dd-Mon-15)

DAYS

DURATION*

MONETARY

BENEFITS

WORKERS

BENEFITED

23

In re: JA conducted at Southern

Leyte Electric Cooperative

(SOLECO), Inc. Maasin City

Southern Leyte Electric

Cooperative (SOLECO), Inc. Maasin

City

RO8-SLFO-JA-2016-

11-331-GJA Cooperative

The estab is engaged in repetitive hiring

of workers for 5 or 6 months; the estab

is engaged in labor contracting for its

Hinabian Mini Hydro Plant; SGs are also

outsourced; non-payment of holiday

pay for CY 2014-2016; non-payment of

retirement pay; non-implementation of

correction on installation of cluster

grounding as indicated in previous

accident report; weak labor-

management council

28-Dec-16 20-Jan-17 23 350,174.30 114

Prepared By: Approved By:

ELIAS A. CAYANONG, CESO IIIStatistician II Regional Director

NORMA RAE S. COSTIMIANO

REFERENCE DATE: As of 31-Jan-17


COMPLAINANT

NAME OF PARTY


CASE ARISING


OSHI)

NATURE OF

BUSINESS

Contractor/

Sub-

contractor

(Yes/No)


(dd-Mon-yy)

DATE

DISPOSED

(dd-Mon-15)

DAYS

DURATION*

MONETARY

BENEFITS

WORKERS

BENEFITED

1

In re: JA conducted at CDC

Manufacturing Corp./ Gaisano

Capital

CDC Manufacturing Corp./

Gaisano Capital

RO8-NLFO-JA-2016-

11-311-GJA

Company does not have exclusive

control over the performance of job of

the workers, etc; mgt failed to present

authenticated copy of registration on

DO 18-A, Service Agreement and

employment contract; Non-payment os

SIL

25-Nov-16 28-Feb-17 95

2


conducted at MALAGUICAY

ENTERPRISES and/or MATEO A.

PEREZ, JR., located at Brgy.

MALAGUICAY ENTERPRISES and/or

MATEO A. PEREZ, JR.

RO8-NLFO-CV-2017-

01-001-GCV

General

Merchandise

Non payment of 13th month pay,

holiday pay & special day premium; Non-

coverage of Social Benefits; Registration

of RULE 1020; No Safety and Health

25-Jan-17 24-Feb-17 30

3


conducted at TACLOBAN

MABUHAY GLASS SUPPLY

and/or WILLY JULIO, located at

Burgos cor. Rizal Ave., Tacloban

City

TACLOBAN MABUHAY GLASS

SUPPLY and/or WILLY JULIO

RO8-NLFO-CV-2017-

01-002-GCV

Glass/ Aluminum

Supply

Underpaid Wages; Non-payment of

Holiday Pay & SIL; Non-


Illegal Deductions (fines); Non-

submission of OSH Admin Reports

25-Jan-17 22-Feb-17 28

4


conducted at MABUHAY

CANVASS UPHOLSTERY and/or

MABUHAY CANVASS UPHOLSTERY

and/or HELEN JULIO

RO8-NLFO-2017-CV-

01-003-GCV Retail

Non-payment of Holiday Pay; Non-

presentation of Employment Record

including Coverage/Remittance of Social

25-Jan-17 10-Feb-17 16

5


conducted at WJ BUILDERS

and/or c/o WILLY JULIU, located

at 84 p. Burgos

WJ BUILDERS and/or c/o WILLY

JULIU

RO8-NLFO-2017-CV-


No findings since the establishment was

temporarily close and the owner was

out of the country during the

assesment.

25-Jan-17 10-Feb-17 16

6


conducted at HAPPY SLEEP BED

DEPOT and/orKRISTINE MAE

JULIO, located at Brgy. 91,

Abucay, Maharlika Highway,

Tacloban City

HAPPY SLEEP BED DEPOT

and/orKRISTINE MAE JULIO

RO8-NLFO-2017-CV-

01-005-GCV Retail Furniture

Non-presentation of Employment

Record; Underpaid Wages; Non-

payment of 13th month pay & SIL; Non-


Illegal Deductions (fines)

25-Jan-17 22-Feb-17 28





New Cases for February 2017

DOLE-BWC-DISPOSED


COMPLAINANT

NAME OF PARTY


CASE ARISING


OSHI)

NATURE OF

BUSINESS

Contractor/

Sub-

contractor

(Yes/No)


(dd-Mon-yy)

DATE

DISPOSED

(dd-Mon-15)

DAYS

DURATION*

MONETARY

BENEFITS

WORKERS

BENEFITED

7

In re: CV conducted at RELEY

SEVEN MANPOWER, INC. /7R

STORE (LEVI'S), 208 F Brgy. 53

Real Street, Tacloban City

RELEY SEVEN MANPOWER, INC.

/7R STORE (LEVI'S) and/or Thomas

Walerico L. Butalib

RO8-NLFO-CV-2017-

01-006-GCV Retail

At the time of visit, the LLCO

coordinated with the store manager &

likewise informed on the on the visit on

their establishment. The findings that

were revealed during the visit were

noted as follows: workers were sourced

out and/or farm out from a contracting

agency cited above; records of

employment were not evident during

the visit, as such an inteview was

conducted and likewise presented

payslipsof which disclosed the follwing:

no proof of payment of regular holiday

pay and special days; non-payment of

OT pay and premium pay; non-payment

of rest day pay premium; non-payment

of SIL pay; no employment contract

between agency and workers

16-Feb-17

8

In re: CV conducted at QUALITY

HOME MARKETING & GEN

MERCHANDISE, INC., Brgy 62-A

Sagkahan, Tacloban CIty

QUALITY HOME MARKETING &

GEN MERCHANDISE, INC.

RO8-NLFO-CV-2017-

01-007-GCV Merchandising


coordinated with the in-charge of the

establishment & contacted the

owner/manager prior the conduct of

visit with discussions & eventually agree

in the validation with the workers &

reveals the following findingd: (1)

records of employment were not

eveident at the workplace such as

payrolls and records of remittances to

SSS, PHIC & HDMF (2) underpayment of

minimum wage & COLA (3) non-

payment of regular holiday pay &

special days premium (4) non-payment

of OT pay premium, SIL pay; (5) no

registration of establishment (6) Non-

coverage of SWB

16-Feb-17 21-Feb-17 5 508,152.49 16

9

IN RE: COMPLIANCE VISIT

CONDUCTED AT ESPERAS

CONSTRUCTION AND

DEVELOPMENT CORPORATION

and/or VICTORIO L. ESPERAS

located at Greenville

Subdivision, Brgy. 77

Marasbaras, Tacloban City

ESPERAS CONSTRUCTION AND



RO8-NLFO-CV-2017-


Underpayment of Wages; Non-Payment

of Holiday pay, Special day premium,

13th Month Pay & SIL; Non-Coverage in

SSS, PhilHealth & Pag-IBIG; Non-

submission of OSH administrative

reports; Non-presentation of

construction Heavy Equipment Testing

Certificate; & Non-Presentation of

Construction Heavy Equipment

Operation TESDA Certificate

7-Feb-17


COMPLAINANT

NAME OF PARTY


CASE ARISING


OSHI)

NATURE OF

BUSINESS

Contractor/

Sub-

contractor

(Yes/No)


(dd-Mon-yy)

DATE

DISPOSED

(dd-Mon-15)

DAYS

DURATION*

MONETARY

BENEFITS

WORKERS

BENEFITED

10

In re: CV conducted at ROSE

PHARMACY INCORPORATED,

Cor. Curry Ave. & del Rosario

St., Brgy. 6 Catbalogan City

ROSE PHARMACY INCORPORATED

and/or Rosemarie Wong

RO8-SFO-CV-2017-

01-009-GCV Pharmacy (Retail)

At the time of assessment, employment

records (payslip) were presented and

conducted interview with some workers

who were around reveal the following:7

workers are suspended, namely:

Renaldo Juanito, Nilda Gabita, Mariel

Clariz Tan, April Goya, Geraldine Mae

Llevado, Mary Ann Oanada, Ronnie

Bumalay; Mgt representative failed to

present the supervisor order for the

workers and on that ground/reason for

their supervision; Further management

rep failed to show the records of the

invesigation conducted sometime in

December 2016 and the

outcome/results of the investigation;

Lastly no proof of payment of 2016 13th

month pay for the 7 workers were

presented and separation pay (if the

above workers were illegally terminated

) unless with just cause

6-Feb-17 24-Feb-17 18

11

IN RE: CV CONDUCTED AT

TOPSOIL CONCRETE PRODUCT

and/or JOSEPH KHO located at

Brgy. 110 Utap, Tacloban City


and/or JOSEPH KHO

RO8-NLFO-CV-2017-

02-010-GCV

Sales of

Aggregates

Non-payment of 13th Month pay,

Holiday Pay & Special day Premium, Non-

Coverage/remittances in SSS, PhilHealth

& Pag-IBIG; Non-registration of

Establishment under Rule 1020 of OSHS;

Non-implementationof Rule 1040; Non-

implementation of Policies on such as

Drug-free Workplace; Non-Submission

of OSH administrative reports; No

provision of PPEs

7-Feb-17

12


CONDUCTED AT POLYCENTRIK

LENDING CORP. and/or MARGIE

WOODBURY located at P.

Burgos St., Tacloban City

POLYCENTRIK LENDING CORP.

and/or MARGIE WOODBURY

RO8-NLFO-CV-2017-

02-011-GCV Financing

Non-payment of Holiday pay; Non-

registration of establishment under Rule

1020; Non-implementation of Rule 1040

& Non-submission of OSH

administrative reports - rule 1050

7-Feb-17

13

In re: CV conducted at ORMOC

BUENAS SHOPPERS, Cor. Lopez

Jaena and Mabini Sts., Ormoc

City

ORMOC BUENAS SHOPPERS RO8-WLFO-CV-2017-

02-012-GCV Retail

Non-payment of overtime pay ; non-

payment of service incentive leave pay;

underpayment of 13th month pay; non-

records-keeping

10-Feb-17 28-Feb-17 18

14

In re: CV conducted at 3F

GROW SHOPPERS

CORPORATION, BOSS Bldg.

Garces St., Tunga-tunga, Maasin

City

3F GROW SHOPPERS

CORPORATION and/or Jonalyn N.

Brillantes

RO8-SLFO-CV-2017-

02-013-GCV

Underpayment of minimum wage and

Ecola, 13th month pay; non-payment of

rest day premium, overtime pay, regular

and special holiday pay and service

incentive leave pay; non-coverage of all

workers with SSS, PHIC and HDMF; no

service agreement with service provider

and no employment contract with

workers;

16-Feb-17


COMPLAINANT

NAME OF PARTY


CASE ARISING


OSHI)

NATURE OF

BUSINESS

Contractor/

Sub-

contractor

(Yes/No)


(dd-Mon-yy)

DATE

DISPOSED

(dd-Mon-15)

DAYS

DURATION*

MONETARY

BENEFITS

WORKERS

BENEFITED

15

Arban, Grace V. vs. CQE/Q2

CELLPHONE, GADGETS AND

ACCESSORIES and/or MA. JESSA

BALALAD

CQE/Q2 CELLPHONE, GADGETS

AND ACCESSORIES and/or MA.

JESSA BALALAD

RO8-NSFO-CV-2017-

02-014-GCV Retail

Non- presentation of employment

records, under-payment under WO No.

18, Cash Bond, Non-Payment of

Overtime Pay, No proof of

coverage/remittances on SSS, Pag-ibig

and Philhealth, Non-registration of

establishment under Rule 1020 of OSHS,

No Registration under Rule 1020,

Administrative Report on Safety and

Health, and Non-creation of Safety and

Health Committee.

15-Feb-17 22-Feb-17 7 8,976.00 1

16

In re: CV conducted at

POLYCENTRIK LENDING

CORP.,Burgos cor Bugallon Sts.,

Calbayog City


and/or Ruby Jean Pongos

RO8-SFO-CV-2017-

02-017-GCV Lending/Financing

Per interview conducted with

employees and verification of records

conducted, management failed to pay

overtime pay for 1 hour; 13th month

pay computation was based on a

percetage basis; mgt is required to

restitute underpayment of 13th month

pay;

10-Feb-17 24-Feb-17 14 7,488.00 2

17


CONDUCTED AT CEBU QINGJIN

ENTERPRISE, INC. (CLOUDFONE)

and/or VINCENT YANG located

at 3F Savemore Building, J.

Romualdez St., Tacloban City

CEBU QINGJIN ENTERPRISE, INC.

(CLOUDFONE) and/or VINCENT

YANG

RO8-NLFO-CV-2017-

02-018-GCV Retail

Proof of payment of Holiday Pay, Special

days premium, Service Incentive Leave

Pay, Rest Day Pay Premium, Overtime

Pay , 13th Month Pay & wage of 1 day

salary on the months with 31 days; Non-

refund of Cash Bond-as deducted from

the salary; Non-refund on illegal

deduction of alleged losses; Non-

coverage/remittances with SSS,

PhilHealth & Pag-IBIG; Non-registration

of Establishent under Rule 1020; & Non-

provision of welfare facility in setting-up

a potable/drinking water

10-Feb-17

18



ENTERPRISE, INC. (CQE) and/or

VINCENT YANG located at 3F

Savemore Building, J.



(CQE) and/or VINCENT YANG

RO8-NLFO-CV-2017-

02-019-GCV Retail

Proof of payment of Special & Regular

Holiday Pay, Service Incentive Leave

Pay, Overtime Pay , 13th Month Pay &

wage of 1 day salary on the months with

31 days; Non-refund of Cash Bond; Non-






10-Feb-17


COMPLAINANT

NAME OF PARTY


CASE ARISING


OSHI)

NATURE OF

BUSINESS

Contractor/

Sub-

contractor

(Yes/No)


(dd-Mon-yy)

DATE

DISPOSED

(dd-Mon-15)

DAYS

DURATION*

MONETARY

BENEFITS

WORKERS

BENEFITED

19



ENTERPRISE, INC. (OPPO)





(OPPO) and/or VINCENT YANG

RO8-NLFO-CV-2017-

02-020-GCV Retail



Pay, Overtime Pay & wage of 1 day


refund of Cash Bond; Non-refund on

illegal deeductions of alleged losses;

Non-coverage/remittances with SSS,





10-Feb-17

20

IN RE: CV CONDUCTED AT ODIN

SECURITY AGENCY, INC. and/or

FRANCISCO L. BRIES located at

c/o DPWH Regional Office 8,

Palo, Leyte

ODIN SECURITY AGENCY, INC.

and/or FRANCISCO L. BRIES

RO8-NLFO-CV-2017-

02-021-GCV Security Services

Principal employer giving out directives

to agency workers/employees;

Underpayment of minimum wage per

Wage order #18; Non-registration of

establishment under Rule 1020; No

Safety & Health Organization; & No

Workplace Policies

20-Feb-17

21

IN RE: CV CONDUCTED AT HINO

& SONS (c/o ISUZU Leyte)

located at c/o ISUZU, Leyte

HINO & SONS (c/o ISUZU Leyte) RO8-NLFO-CV-2017-

02-022-GCV Service

Proof of Coverage/remittances to SSS,

PhilHealth & Pag-IBIG; Payrolls &

payslips covering the period of Jan. 2014

to present; Certificate of registration as

sub-contractor per D.O. 18-A; Service

contract/contract of Services with

ISUZO; Employment Contracts; Health &

Safety Committee Organization; &

Designation of Safety Officer

20-Feb-17

524,616.49 19


ELIAS A. CAYANONG, CESO IIIStatistician II Regional Director


REFERENCE DATE: As of 31-Mar-17


COMPLAINANT

NAME OF PARTY


CASE ARISING


OSHI)

NATURE OF

BUSINESS

Contractor/

Sub-

contractor

(Yes/No)


(dd-Mon-yy)

DATE

DISPOSED

(dd-Mon-15)

DAYS

DURATION*

MONETARY

BENEFITS

WORKERS

BENEFITED

Mode of

Disposition

1

In re: CV conducted at RELEY

SEVEN MANPOWER, INC. /7R

STORE (LEVI'S), 208 F Brgy. 53

Real Street, Tacloban City

RELEY SEVEN MANPOWER, INC.

/7R STORE (LEVI'S) and/or Thomas

Walerico L. Butalib

RO8-NLFO-CV-2017-

01-006-GCV Retail


coordinated with the store manager &

likewise informed on the on the visit on

their establishment. The findings that

were revealed during the visit were

noted as follows: workers were sourced

out and/or farm out from a contracting

agency cited above; records of

employment were not evident during

the visit, as such an inteview was

conducted and likewise presented

payslipsof which disclosed the follwing:

no proof of payment of regular holiday

pay and special days; non-payment of

OT pay and premium pay; non-payment

of rest day pay premium; non-payment

of SIL pay; no employment contract

between agency and workers

16-Feb-17 23-Mar-17 35 26,555.74 3Complianc

e Order

2



CONSTRUCTION AND









RO8-NLFO-CV-2017-












7-Feb-17

3

IN RE: CV CONDUCTED AT


and/or JOSEPH KHO located at

Brgy. 110 Utap, Tacloban City


and/or JOSEPH KHO

RO8-NLFO-CV-2017-

02-010-GCV

Sales of

Aggregates

Non-payment of 13th Month pay,

Holiday Pay & Special day Premium, Non-

Coverage/remittances in SSS, PhilHealth

& Pag-IBIG; Non-registration of

Establishment under Rule 1020 of OSHS;

Non-implementationof Rule 1040; Non-

implementation of Policies on such as

Drug-free Workplace; Non-Submission

of OSH administrative reports; No

provision of PPEs

7-Feb-17 23-Mar-17 44 95,162.14 71Complianc

e Order





DOLE-BWC-DISPOSED


COMPLAINANT

NAME OF PARTY


CASE ARISING


OSHI)

NATURE OF

BUSINESS

Contractor/

Sub-

contractor

(Yes/No)


(dd-Mon-yy)

DATE

DISPOSED

(dd-Mon-15)

DAYS

DURATION*

MONETARY

BENEFITS

WORKERS

BENEFITED

Mode of

Disposition

4


CONDUCTED AT POLYCENTRIK

LENDING CORP. and/or MARGIE

WOODBURY located at P.

Burgos St., Tacloban City


and/or MARGIE WOODBURY

RO8-NLFO-CV-2017-

02-011-GCV Financing

Non-payment of Holiday pay; Non-

registration of establishment under Rule

1020; Non-implementation of Rule 1040

& Non-submission of OSH

administrative reports - rule 1050

7-Feb-17 23-Mar-17 44Complianc

e Order

5

In re: CV conducted at 3F

GROW SHOPPERS

CORPORATION, BOSS Bldg.

Garces St., Tunga-tunga, Maasin

City

3F GROW SHOPPERS

CORPORATION and/or Jonalyn N.

Brillantes

RO8-SLFO-CV-2017-

02-013-GCV

Underpayment of minimum wage and

Ecola, 13th month pay; non-payment of

rest day premium, overtime pay, regular

and special holiday pay and service

incentive leave pay; non-coverage of all

workers with SSS, PHIC and HDMF; no

service agreement with service provider

and no employment contract with

workers;

16-Feb-17 29-Mar-17 41 162,587.28 31Amicably

settled

6









YANG

RO8-NLFO-CV-2017-

02-018-GCV Retail














10-Feb-17

7









RO8-NLFO-CV-2017-

02-019-GCV Retail











10-Feb-17

8









RO8-NLFO-CV-2017-

02-020-GCV Retail












10-Feb-17


COMPLAINANT

NAME OF PARTY


CASE ARISING


OSHI)

NATURE OF

BUSINESS

Contractor/

Sub-

contractor

(Yes/No)


(dd-Mon-yy)

DATE

DISPOSED

(dd-Mon-15)

DAYS

DURATION*

MONETARY

BENEFITS

WORKERS

BENEFITED

Mode of

Disposition

9





Palo, Leyte



RO8-NLFO-CV-2017-








Workplace Policies

20-Feb-17

10





02-022-GCV Service










20-Feb-17

11

In re: CV conducted at EASTERN

SAMAR ELECTRIC COOPERATIVE

(ESAMELCO), Brgy. Cabong,

Borongan City, Eastern Samar

EASTERN SAMAR ELECTRIC

COOPERATIVE (ESAMELCO) and/or

Atty. Jose Edwin S. Amancio, CPA

RO8-ESFO-CV-2017-

02-015-GCV Cooperative

All contracted project employees are

subjected to repetitive contracting one

month employment period renewable

every month which lasts per record

submitted for 1, 2, 3 years and more

than three years (government subsidy

projects - SEP, BLEP, YRRP,T-Ruby, MEC-

SNRDP); pricipal has the direct control

over the contracted project employees

were desirable and necessary in the

usual operation of business of the

principal; all contracted employees are

directly hired by ESAMELCO; One (1) SG

is hired by ESAMELCO; Not al contracted

project employees are covered with SSS,

PHIC & HDMF;

16-Feb-17 23-Feb-17 7 916,969.17 81 Settled

12


POLYCENTRIK LENDING

CORP.,G. Abogado St.,

Borongan City


and/or Jonalyn Arma Café

RO8-ESFO-CV-2017-

02-016-GCV

Required to register establishment with

Rule 1020 02-Mar-17 23-Mar-17 21 Settled

NEW CASES FOR MARCH 2017


COMPLAINANT

NAME OF PARTY


CASE ARISING


OSHI)

NATURE OF

BUSINESS

Contractor/

Sub-

contractor

(Yes/No)


(dd-Mon-yy)

DATE

DISPOSED

(dd-Mon-15)

DAYS

DURATION*

MONETARY

BENEFITS

WORKERS

BENEFITED

Mode of

Disposition

13

IN RE: CV conducted at

GENUINE TOUCH MANPOWER

AND GENERAL SERVICES/DIVINE

WORD HOSPITAL-Tacloban




RO8-NLFO-JA-2017-

02-001-GJA Manpower Services

Attendance of workers as reflected in

the biometric DTR is being checked by

the HR of the PRINCIPAL; WORKERS use

PRINCIPAL's equipment such as

computers, etc; AGENCY does not have

exclusive control over the performance

of the job of workers; AGENCY workers

performed activities such as encoding of

patients' profile which is directly related

to the main business of the PRINCIPAL;

Non-submission of Administrative

Reports; Verification of the Financial

Statements (CY 2014-2015) revealed

that AGENCY failed to meet the required

substantial capitalization of a networth

of P3,000,000.00 under Sec. 4 of D.O. 18-

A, and there is no proof to show that it

has tools, equipment and machineries

needed to perfom the work or service

being contracted out by the PRINCIPAL;

PRINCIPAL is the SOLE client of AGENCY

27-Mar-17


EXEQUIEL R. SARCAUGA, CESO IVStatistician II Regional Director


REFERENCE DATE: As of 30-Apr-17


COMPLAINANT

NAME OF PARTY


CASE ARISING


OSHI)

NATURE OF

BUSINESS

Contractor/

Sub-

contractor

(Yes/No)


(dd-Mon-yy)

DATE

DISPOSED

(dd-Mon-15)

DAYS

DURATION*

MONETARY

BENEFITS

WORKERS

BENEFITED

Mode of

Disposition

1



CONSTRUCTION AND









RO8-NLFO-CV-2017-












7-Feb-17 25-Apr-17 77MALSU for order

of compliance

2









YANG

RO8-NLFO-CV-2017-

02-018-GCV Retail















of compliance

3









RO8-NLFO-CV-2017-

02-019-GCV Retail












of compliance





DOLE-BWC-DISPOSED


COMPLAINANT

NAME OF PARTY


CASE ARISING


OSHI)

NATURE OF

BUSINESS

Contractor/

Sub-

contractor

(Yes/No)


(dd-Mon-yy)

DATE

DISPOSED

(dd-Mon-15)

DAYS

DURATION*

MONETARY

BENEFITS

WORKERS

BENEFITED

Mode of

Disposition

4









RO8-NLFO-CV-2017-

02-020-GCV Retail













of compliance

5





Palo, Leyte



RO8-NLFO-CV-2017-








Workplace Policies


of compliance

6





02-022-GCV Service










20-Feb-17

7








RO8-NLFO-JA-2017-









performed activities such as encoding of

patients' profile which is directly related

to the main business of the PRINCIPAL;

Non-submission of Administrative

Reports; Verification of the Financial

Statements (CY 2014-2015) revealed

that AGENCY failed to meet the required

substantial capitalization of a networth

of P3,000,000.00 under Sec. 4 of D.O. 18-






27-Mar-17

NEW CASES for April 2017


COMPLAINANT

NAME OF PARTY


CASE ARISING


OSHI)

NATURE OF

BUSINESS

Contractor/

Sub-

contractor

(Yes/No)


(dd-Mon-yy)

DATE

DISPOSED

(dd-Mon-15)

DAYS

DURATION*

MONETARY

BENEFITS

WORKERS

BENEFITED

Mode of

Disposition

8

In re: CV conducted at ORMOC

TELEPHONE COMPANY

(ORTELCO), Navarro cor. L.

Jaena Sts., Ormoc City

ORMOC TELEPHONE COMPANY

(ORTELCO)

RO8-WLFO-CV-2017-

03-025-GCV

Underpayment of wages in the amount

of P 43,820 affecting seven (7) workers.19-Apr-17 20-Apr-17 1 43,820.00 7 Settled

9


POWERLINK SECURITY AND

INVESTIGAVTIVE SERVICES,

INC., Brgy. Tongonan, Kananga,

Leyte

POWERLINK SECURITY AND

INVESTIGAVTIVE SERVICES, INC.

RO8-WLFO-CV-2017-

03-026-GCV

Violation of Article 128 of the Labor

Code of the Philippines - Denied access

to employment records

19-Apr-17 20-Apr-17 1for issuance of

compliance order

10

In re: CV conducted at NOA

FASHION MART, Rizal St.,

Sabang Zone 1 (Pob.) Allen, N.

Samar

NOA FASHION MART and/or

Chona Sentes

RO8-NSFO-CV-2017-

03-024-GCV

Underpayment of minimum wage; non-

payment of special day premium; non-

coverage of social welfare benefits such

as SSS (2 workers), PHIC (3 workers) and

HDMF (4 workers);non-payment of 13th

month pay;

11-Apr-17 26-Apr-17 15 40,453.00 4for issuance of

compliance order


EXEQUIEL R. SARCAUGA, CESO IVStatistician II Regional Director


REFERENCE DATE: As of 31-May-17


COMPLAINANT

NAME OF PARTY


CASE ARISING


OSHI)

NATURE OF

BUSINESS

Contractor/

Sub-

contractor

(Yes/No)


(dd-Mon-yy)

DATE

DISPOSED

(dd-Mon-15)

DAYS

DURATION*

MONETARY

BENEFITS

WORKERS

BENEFITED

Mode of

Disposition

1





02-022-GCV Service



payslips covering the period of Jan.

2014 to present; Certificate of

registration as sub-contractor per D.O.

18-A; Service contract/contract of

Services with ISUZO; Employment

Contracts; Health & Safety Committee

Organization; & Designation of Safety

Officer

20-Feb-17 23-May-17 92 Compliance Order

2



AND GENERAL

SERVICES/DIVINE WORD

HOSPITAL-Tacloban




RO8-NLFO-JA-2017-









performed activities such as encoding

of patients' profile which is directly

related to the main business of the

PRINCIPAL; Non-submission of

Administrative Reports; Verification of

the Financial Statements (CY 2014-

2015) revealed that AGENCY failed to

meet the required substantial

capitalization of a networth of

P3,000,000.00 under Sec. 4 of D.O. 18-






27-Mar-17 05-May-17 39Closed &

Terminated

3

In re: CV conducted at TCB

HOTEL & RESTAURANT, Brgy.

Catmon, Naval, Biliran

TCB HOTEL & RESTAURANT

and/or Gina M. de Pauw

RO8-BFO-CV-2017-

05-027-GCV Hotel & Restaurant


WO No. 18 & 19; Non-payment of

holiday pay & special day premium pay;

non-payment/underpayment of

overtime premium pay

30-May-17


JOEL M. GONZALESStatistician II Regional Director






NEW CASES for May 2017

DOLE-BWC-DISPOSED

list of cases handled and disposed report for... · 2017-05-31 · authenticated copy of...

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