Protection of worker’s rights and maintenance of industrial peace ensured
Administration and Enforcement of Labor Laws – Routine Inspection
Overview/Background
It is the policy of DOLE to exercise visitorial powers, and conduct routine inspections to assess the compliance of business establishments and their contractors relative to labor standards and other issuances in relation to labor and occupational safety and health standards.
In conducting routine inspections, DOLE is granted considerable discretion, and is authorized to enter business establishments without prior notice. During said inspections, DOLE is likewise authorized to request immediate access to the employer’s records, and to interview any employee on the premises. When deemed appropriate, DOLE may also issue compliance orders to erring employers, and may even order the stoppage of work or the suspension of operations.
Procedure:
Legal Bases:
- DO 183-17: (Changes in Section 2, Rule XI ) Revised Rules on the Administration And Enforcement of Labor Laws Pursuant To Article 128 of the Labor Code, as Renumbered
Administration and Enforcement of Labor Laws – Compliant Inspection
Overview/Background
It is the policy of DOLE to exercise visitorial powers, and conduct complaint inspections to assess the veracity of the complaint against the compliance of business establishments and their contractors relative to labor standards and other issuances in relation to labor and occupational safety and health standards.
In conducting complaint inspections, DOLE is granted considerable discretion, and is authorized to enter business establishments without prior notice. During said inspections, DOLE is likewise authorized to investigate the nature of the complaint, request immediate access to the employer’s records and interview any employee on the premises. When deemed appropriate, DOLE may also issue compliance orders to erring employers, and may even order the stoppage of work or the suspension of operations.
Procedure:
Legal Bases:
- Department Order No. 131-B-16: Revised Rules on Labor Laws Compliance System
Administration and Enforcement of Labor Laws – OSHSI
Overview/Background
It is the Policy of DOLE to exercise visitorial powers, and conduct occupational safety and health inspections to assess the compliance of business establishments and their contractors relative to occupational safety and health standards.
In conducting occupational safety and health inspections, DOLE is granted considerable discretion, and is authorized to enter business establishments without prior notice. During said inspections, DOLE is likewise authorized request immediate access to the employer’s records and interview any employee on the premises. When deemed appropriate, DOLE may also issue compliance orders to erring employers, and may even order the stoppage of work or the suspension of operations.
Procedure:
Legal Bases:
- Department Advisory No. 1 series of 2014: Occupational Safety and Health Protection Tips for Kasambahays and Employers
- Department Order No. 134-14: Guidelines on Occupational Safety and Health (OSH) in the Pyrotechnic Industry
- Department Order No. 132-13: Guidelines on Maritime Occupational Safety and Health
- Department Order No. 128-13: Amending Rule 1414 on Scaffoldings of the 1989 Occupational Health and Safety Standards, As Amended
- Dept. Circular No.02-08: Amending Certain Provisions of the Occupational Safety and Health Standards
- Department Order No. 16-01: Rule 1030 Training and Accreditation of Personnel on Occupational Safety
Administration and Enforcement of Labor Laws – Case Disposition
Overview/Background
It is an administrative approach to provide an impartial, inexpensive and accessible settlement procedure for all issues/complaints arising from the inspections conducted by the Labor Laws Compliance Officers on private establishments.
Under this process, all labor and employment disputes shall undergo mandatory conferences not exceeding 30 days to ensure fair, just and speedy disposition of labor standard cases, ensure continuity and sustainability of compliance on labor laws and standards at the workplace.
Procedure:
Legal Bases:
- Department Order No. 183 Series of 2017: (Revised Rules on the Administration and Enforcement of Labor Laws Pursuant to Article 128 of the Labor Corde, as Renumbered)
- PD 442: Labor Code of the Philippines, as amended
- Department Advisory No. 01 Series of 2015: (Renumbering of the Labor Code of the Philippines, as amended)
Single Entry Approach
Overview/Background
Single Entry Approach is an administrative approach to provide a speedy, impartial, inexpensive and accessible settlement procedure for all issues/complaints arising from employer-employee relations to prevent them from ripening into full blown disputes. Under this approach, all labor and employment disputes shall undergo a 30-day mandatory conciliation-mediation process to effect settlement among the contending parties.
Request for SEnA can be filed at the Single Entry Assistance Desk (SEAD) in the region where the employer principally operates. In case of a union or federation representing a local chapter, the request shall be made at the regional/provincial/ district office where the union or local chapter is registered.
Procedure:
Forms:
Legal Bases:
- Department Order No. 107-10: Guidelines on the SEnA Prescribing 30-day Mandtory Conciliation-Mediation
- Department Order No. 151-16: An Act Strengthening Con-Mediation as a Vol. Mode of Dispute Settlement for all Labor Cases
- Rules of Procedure of the SEnA
WODP Training Grant Component
Overview/Background
The Workers Organization Development Program (WODP) serves as a facilitating mechanism of DOLE in strengthening trade unions and other workers’ organizations. It provides educational opportunities to union officers and members, including their dependents, and offers greater productivity, prosperity, and welfare to the employer and workers’ organization.
Workers’ Capability Development is one component which provides support for the development and upgrading of the capabilities of workers’ organizations and their members in the areas of leadership, organizational development and management, labor and human relations, grievance handling, labor laws, occupational safety and health, productivity, and the like.
Procedure:
Forms:
Legal Bases:
- BLR ADVISORY NO. 02-14: Call for Submission of Application for Labor Org through OURS
- BLR ADVISORY NO. 01-14: Call for Application on WODP Training and Scholarship Grant
- COA Circular No. 2012-001: Prescribing the Revised Guidelines and Documentary Requirements for Common Government Transactions (20% Equity)
- Department Order No. 20-02, s.2002: Supplemental Guidelines for Access to WODP Funds
- Memorandum Circular No. 01, s. 2002: Amendments on Allowable Amounts for WODP Regular Scholarship
- Department Order No. 05, s.1998 Amendment of DO 26 Guidelines for Access to WODP Funds
- Department Order No. 26, s.1995: Integrated Guidelines for Access to WODP Funds
WODP Scholarship Grant Component
Overview/Background
The Workers Organization Development Program (WODP) serves as a facilitating mechanism of DOLE in strengthening trade unions and other workers’ organizations. It provides educational opportunities to union officers and members, including their dependents, and offers greater productivity, prosperity, and welfare to the employer and workers’ organization.
It also provides financial aid for attaining or completing Masters Degrees, Bachelor’s Degrees, technical and short-term courses, or review courses for professional examinations.
Procedure:
Forms:
Legal Bases:
- BLR ADVISORY NO. 02-14: Call for Submission of Application for Labor Org through OURS
- BLR ADVISORY NO. 01-14: Call for Application on WODP Training and Scholarship Grant
- COA Circular No. 2012-001: Prescribing the Revised Guidelines and Documentary Requirements for Common Government Transactions (20% Equity)
- Department Order No. 20-02, s.2002: Supplemental Guidelines for Access to WODP Funds
- Memorandum Circular No. 01, s. 2002: Amendments on Allowable Amounts for WODP Regular Scholarship
- Department Order No. 05, s.1998 Amendment of DO 26 Guidelines for Access to WODP Funds
- Department Order No. 26, s.1995: Integrated Guidelines for Access to WODP Funds
Records:
Reports:
Labor and Employment Education Services
Overview/Background
DOLE is innovating its labor and management education services from its traditional pedagogical style of delivery towards a more pro-active, coherent, technology-based, accessible and comprehensive approach. This new approach shall make use of integrated modules and other instruction and informational materials, such as learning audio-visuals in order to reach out more to its target clienteles.
Embodied under the DOLE’s Employment Guide for Students and Jobseekers, the materials cover all aspects of the options for work like wage employment, both local and overseas, entrepreneurship and practice of profession, along with the respective programs and services of the DOLE.
Procedure:
Forms:
Legal Bases:
LEES PORTAL:
Records:
Reports:
Inter-Intra Union Case Disposition
Overview/Background
It is the DOLE Regional Office who has jurisdiction over Inter-Intra Union dispute if the dispute involves independent unions, local chapter, or workers’ association.
Inter-Union Dispute refers to any conflict between and among legitimate labor unions involving representation questions for purposes of collective bargaining or to any other conflict or dispute between legitimate labor unions.
Intra-Union Dispute refers to any conflict between and among union members, including grievances arising from any violation of the rights and conditions of membership, violation of or disagreement over any provision of the union’s constitution and by laws, or disputes arising from chartering or affiliation of union.
Procedure:
Certification Election
Overview/Background
It is the policy of the state to promote free trade unionism through expeditious procedures governing the choice of an exclusive bargaining agent. The determination of such exclusive bargaining agent is a non-litigious proceeding and, as far as practicable, shall be free from technicalities of law and procedure, provided only that in every case, the exclusive bargaining agent enjoys the majority support of all the employees in the bargaining unit.
Certification Election is the process of determining through secret ballot the sole and exclusive collective bargaining agent of the employees in an appropriate bargaining unit. (Sec. 1(i), Rule I, Book V, Rules Implementing the Labor Code as amended by D.O. No. 40-03)
Petitions for certification election are handled by Mediator-Arbiters. The authority of the Mediator-Arbiter is limited to determining whether the petition for certification election should be granted or not.
Procedure:
Issuance of Certificate of Pending/No-pending case
Overview/Background
A Certificate of No Pending Case is a certification that a certain private company has no pending labor standards case before the Department of Labor and Employment Regional Office IX. Any private company may request for the issuance of the said certificate for whatever legal purpose it may serve.
Procedure:
Forms:
Registration of Establishment pursuant to Rule 1020
Overview/Background
Rule 1020 of the Occupational Safety and Health Standards requires that an establishment, regardless of the size of economic activity, whether small, medium, or large scale in one single location, shall register with the Regional Labor Office having jurisdiction thereof to form part of a databank of all covered establishments.
Procedure:
Registration of Workers Association
Overview/Background
It is the policy of DOLE to process the application for registration of workers’ association organized for the mutual aid and protection of its members or for other legitimate purposes except collective bargaining in order for them to acquire legal personality.
Workers’ Association registration refers to the process of determining whether the application for registration of such organization complies with the documentary requirements prescribed under Rule 3 and 4 of DOLE Department Order No. 40-03, as amended.
Procedure:
Forms:
Registration of Labor Organization
Overview/Background
It is the policy of DOLE to process application for registration of labor organizations in order for them to acquire legal personality and to enjoy the rights given to legitimate labor organization.
Union registration refers to the process of determining whether the application for registration of a labor union organized for collective bargaining complies with the documentary requirements prescribed under Rule 3 and 4 of DOLE Department Order No. 40-03 and the rules implementing Book V of the Labor Code, as amended.
Procedure:
Forms:
-
Public Sector Union
- BLR Reg. Form No. 7: Public Sector Union
- Sample Constitution and By-Laws – Public Sector
-
Private Sector Union
- BLR Reg. Form No. 1: Independent Union
- BLR Reg. Form No.5: Chartering Locals/Chapter Union
- Federation-National Union
- Request for Sole & Exclusive Bargaining Agent (SEBA)
- Sample Constitution and By-Laws – Private Sector
Legal Bases:
- Department Order No. 40-I-15: Request for SEBA Certification
- Department Order No. 40-H-13: Amended Rule XXII of Book V of Labor Code – Conciliation, Strikes & Lockouts
- Department Order No. 40-G-03: Amending Rule XXII of the Implementing Book V of the Labor Code of the Philippines
- Department Order No. 40-F-03: Amending Rules III, V, VIII, IX, XI, XIV and XV of the IRR of Book V of the Labor Code
- Department Order No. 40-B-03: Amending the Implementing Rules of Book V of the Labor Code
- Department Order No. 40-03: Amended Book V of Labor Code – Labor Relations
- Republic Act No. 6715: Amendments of Labor Code of the Philippines
- Presidential Decree No. 442 s.1974: Labor Code of the Philippines
Registration of Collective Bargaining Agreement
Overview/Background
It is the policy of DOLE to process application for registration of labor organizations in order for them to acquire legal personality and to enjoy the rights given to legitimate labor organization.
Union registration refers to the process of determining whether the application for registration of a labor union organized for collective bargaining, complies with the documentary requirements prescribed under Rule 3 and 4 of DOLE Department Order No. 40-03 and the rules implementing Book V of the Labor Code, as amended.
Procedure:
Forms:
Legal Bases:
- Department Order No. 40-I-15: Request for SEBA Certification
- Department Order No. 40-H-13: Amended Rule XXII of Book V of Labor Code – Conciliation, Strikes & Lockouts
- Department Order No. 40-G-03: Amending Rule XXII of the Implementing Book V of the Labor Code of the Philippines
- Department Order No. 40-F-03: Amending Rules III, V, VIII, IX, XI, XIV and XV of the IRR of Book V of the Labor Code
- Department Order No. 40-B-03: Amending the Implementing Rules of Book V of the Labor Code
- Department Order No. 40-03: Amended Book V of Labor Code – Labor Relations
- Republic Act No. 6715: Amendments of Labor Code of the Philippines
- Presidential Decree No. 442 s.1974: Labor Code of the Philippines
Processing of Construction Safety and Health Program
Overview/Background
Pursuant to the DOLE Department Order No. 13, Series of 1998 on the Guidelines Governing Occupational Safety and Health in the Construction Industry, every construction project is required to have a Construction Safety and Health Program (CSHP).
CSHP refers to a set of detailed rules to cover the processes and practices that shall be utilized in a specific construction project site in conformity with the OSHS including the personnel responsible and the penalties for violations thereof. Said program must be in accordance with these rules, and other orders and issuances from by the Department.
Procedure:
Forms:
Accreditation Forms
Construction Safety And Health Program (CSHP)
- Comprehensive
- Residential (2-Storey and Below)
OSH Registration And Reportorial Requirements
Legal Bases:
- Department Order 198-18: Implementing Rules and Regulations of Republic Act No. 11058 ”An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof”
- Department Order No. 53-03: Guidelines for the Implementation of a Drug-Free Workplace Policies and Programs
- Department Order No. 102-10: Guidelines for the Implementation of HIV and AIDS Prevention and Control in the Workplace Program
- Department Advisory No. 05, series of 2010: Guidelines for the Implementation of a Workplace Policy and Program on Hepatitis B
- Department Order No. 73-05: Guidelines for the Implementation of Policy and Program on Tuberculosis Prevention and Control in the Workplace
- Administrative Order No. 24-18: Amendment of Section 5 of DO 13-98
- Joint Administrative Order (JAO)
- Administrative Order No. 152-11: Decentralization of CSHP Evaluation to DOLE Regional Offices
- Department Advisory 02-11: Strict Compliance with Section 5 of DO 13-98
- DPWH Department Order No. 56-2005: Guidelines for the Implementation of DOLE DO No. 13-98
- Department Order No. 13-98: Guidelines Governing Governing Occupational Safety and Health in the Construction Industry
Issuance of Permit to Operate Mechanical Equipment and Electrical Facility
Overview/Background
It is the policy of the DOLE to set and enforce mandatory occupational safety and health standards to eliminate or reduce occupational safety and health hazards in all workplaces and institute new, and update existing, programs to ensure safe and healthful working conditions in all places of employment.
Application for clearing of mechanical or electrical plans shall submitted to the DOLE-Regional Office (RO) which has jurisdiction over the workplace where the mechanical equipment or electrical installation will be placed.
Procedure:
Issuance of Certificate of Registration of Contractors and Sub-contractors
Overview/Background
It is the policy of DOLE to enforce regulations, restrict or prohibit the contractingout of labor to protect the rights of workers established under the Labor Code, as amended. In doing so, DOLE may make appropriate distinctions between labor-only contracting and job contracting as well as differentiations within these types of contracting and determine who among the parties involved shall be considered the employer for purposes of preventing any violation or circumvention of any provision in the Labor Code, as amended.
There is contracting or subcontracting when an employer, referred to as the principal, farms out the performance of a part of its business to another, referred to as the contractor or subcontractor. For the purpose of undertaking the principal’s business that is farmed out, the contractor or subcontractor then employs its own employees.
Procedure:
Forms:
Legal Bases:
- Administrative Order No. 08 Series of 2023 – Program Administration and Management of Contracting Arrangement Pursuant to Articles 106 to 109 of the Labor Code as Amended, and it’s Implementing Rules and Regulation
- Labor Advisory No. 06-18: Clarificatory Guidelines on Renewal of Registration of Contractors under Department Order No. 174-17
- Department Circular No. 01-17: Clarifying the Appplicability of Department Order 174-17
- Executive Order No. 51
- DO 174-17: Rules Implementing Article 106 to 109 of the LCP, as Amended
- Uniform Implementation of Department Order No. 174, Series of 2017
- Department Circular No. 01 series of 2012: Classifying the Applicability of DO18-A 2011 BPO & KPO and Construction Industry
- Labor Advisory 11 series of 2013: Time and Interval of Payment of Wages in Subcontracting/ Job Contracting Arrangement under DO 18-A, series of 2011
Issuance of Certificate of Sole and Exclusive Bargaining Agent (SEBA)
Overview/Background
It is the policy of the State to promote free trade unionism through expeditious procedures governing the choice of an exclusive bargaining agent. The determination of such exclusive bargaining agent is a non-litigious proceeding and, as far as practicable, shall be free from technicalities of law and procedure, provided only that in every case, the exclusive bargaining agent enjoys the majority support of all the employees in the bargaining unit.
SEBA Certification is proper only when there is no other legitimate labor organization within the bargaining unit sought to be represented by the union. Otherwise, the proper course of action is certification election.
Procedure:
Legal Bases:
DOLE Quick Response
Overview/Background
The Department of Labor and Employment’s formation of Quick Response Team is a strategy to monitor industry closures and retrenchment due to the adverse effects of globalization and economic crises, and to provide immediate and integrated package of assistance to displaced workers including their dependents. DOLE 9’s Quick Response Team also covers immediate response to reports of workplace accidents and illnesses.
Procedure:
Legal Bases:
Administration and Enforcement of Labor Laws – Technical Safety Inspection (TSI)
Overview/Background
It is the policy of DOLE to exercise visitorial powers, and conduct routine inspections to assess the compliance of business establishments and their contractors relative to labor standards and other issuances in relation to labor and occupational safety and health standards.
Technical Safety Inspection is conducted in the enforcement and administration of Occupational Safety and Health Standards (OSHS) through determination of safety of boilers, pressure vessels, internal combustion engines, elevators, hoisting equipment, power piping, electrical wiring installations and other mechanical equipment installation.