Manual On The LLCS
Manual On The LLCS
Manual On The LLCS
I am, therefore, pleased that the Bureau of Working Conditions (BWC), in cooperation
with all DOLE agencies concerned, has finally come out with this Manual, which is intended to
serve as a guide to all DOLE Regional Directors and Labor Laws Compliance Officers (LLCOs) in
the conduct of Joint Assessment, Compliance Visit, and Occupational Safety and Health
Standards Investigation, pursuant to Department Order No. 131, Series of 2013, otherwise
known as the Rules on Labor Laws Compliance System, which took effect on 22 August 2013.
As our new system of ensuring compliance with all labor laws, the LLCS's enabling
component is grounded on the following facts: (a) 99 percent of the countrys establishments are
Micro, Small, and Medium Enterprises (MSMEs); (b) the traditional 'police' approach in
enforcing compliance has not been as successful as that of the proliferation of rent-seeking
behavior of individuals and/or groups to evade compliance; and (c) the 'police' approach has
alienated both employers and workers from the process of ensuring labor laws compliance, and
cultivated distrust at the plant-level with our enforcement officers.
The July 2009 findings of the International Labour Organization (ILO) technical audit
on the Labor Standards Enforcement Framework (LSEF), after six years of its implementation,
captured these three major considerations in the shift in enforcement approaches. The ILO
audit noted the following: (1) there are 784,000 establishments legally required to be inspected,
and with 193 labor inspectors, one establishment get inspected once every 16 years; (2) the LSEF
has no major impact in securing higher level of compliance with labor standards; (3) for Routine
Inspection, unions are critical of the quality and procedures used; and (4) for Technical
Assistance Visit, there is low compliance and low participation rate.
This necessitated the shift in enforcement, from purely regulatory approach to one that
combines both regulatory and developmental approaches, to enable establishments to comply
with all labor laws with the active participation of both employers and workers at the plant-level,
and industry associations and their leaders, through industry tripartite councils and voluntary
codes of good practices on decent work and competitive enterprises. In the process, we
inculcate and foster a culture of voluntary compliance.
Department Order No. 131, Series of 2013, or LLCS to start, was tripartite-crafted and -
approved. Together with us, our social partners have a shared responsibility and accountability
in ensuring the effective and efficient implementation of the LLCS. Hence, there is feedback
mechanism in our system.
The LLCS certification process is similar to an ISO audit, but with the participation of
our social partners. It is tripartite in character, where the LLCO, together with employers' and
workers' representatives, shall conduct a Joint Assessment of the establishments compliance
with all labor laws. If found compliant, the establishment will receive a certificate of compliance
(COC) which is valid for two years, unless there is a complaint which would warrant the conduct
of a Compliance Visit; or, if there is imminent danger, or a fatal accident, trigger the conduct of
Occupational Health and Safety Investigation. If there are gaps or deficiencies, the LLCO will
assist the establishment to comply through corrective actions by providing technical assistance
and educating both the employer and the workers for better conformity with all labor laws and
standards, and once compliance is satisfied, COC will be issued.
The other certification approach is through the tripartite teams certification process of
the DOLE Regional Tripartite Industrial Peace Council (RTIPC) under the Incentivizing
Compliance Program (ICP). This is equivalent to the COC where the establishment may apply,
or gets nominated to be processed for issuance of a Tripartite Certificate of Compliance with
Labor Standards (TCCLS), which is valid for three years; or for any of the four other certificates
or awards, namely, Gawad Kaligtasan at Kalusugan (GKK), Child Labor Free Establishment
(CLFE), LMC Awards, Productivity Olympics; for the Secretarys Award.
With respect to the ILO audit on personnel complement, President Benigno S. Aquino III
has given the DOLE 372 new plantilla personnel in 2012--twice bigger than the personnel
complement of the DOLE National Capital Region--and provided them mobile devices and
gadgets. The 372 new plantilla brings the total number of enforcement officers, now the LLCOs,
to 574. This number was consistent with the ILOs whole-year work standard ratio enforcement
of one LLCO for every 120 establishments.
Further, with the provision for mobile devices and gadgets, the DOLE, with ILO
technical assistance, developed the LLCS Management Information System (LLCS-MIS), or
Labor Inspection Systems Application (LISA-PH). An important feature of the system is data
capture and transmittal from the field in real-time as an electronic checklist is filled-up through
the use of mobile devices and gadgets. Data are instantly available for viewing and processing to
generate reports, statistics, and summons, including real-time monitoring of decent work
indicators, based on the countrys decent work profile.
But critical to the success of the LLCS is our people--the LLCOs. We continue to re-
orient and professionalize them. Our LLCOs, who have to abide by their own Code of Conduct,
have undergone through an intensive, four-level training program, which consists of the
following courses:
I admit more still needs to be done at this stage in the LLCS's implementation. But it is
heartening to note that this early, I have encountered positive feedback, both from the
employers and workers, including from the LLCOs themselves, about our reform. At the ASEAN
Labor Inspection Conference which we hosted this year, the Philippines was recognized as the
first to adopt an innovative approach for improving compliance with labor laws that looks
beyond just enforcement.
My sincere hope is that this Manual on the LLCS will be most useful in our collective task
of ensuring and enabling compliance with all labor laws, which is very crucial in realizing the
DOLE's sectoral goal of contributing to inclusive growth through decent work and competitive
enterprises.
ROSALINDA DIMAPILIS-BALDOZ
Secretary
AC Assessment Checklist
AMR Annual Medical Report
ASSESSMENT Joint Assessment
BIR Bureau of Internal Revenue
BMBE Barangay Micro Business Enterprises
BOSH Basic Occupational Safety and Health
BWC Bureau of Working Conditions
BWSC Bureau of Workers with Special Concerns
CBA Collective Bargaining Agreement
CDA Cooperative Development Authority
COC Certificate of Compliance
COSH Construction Occupational Safety and Health
CSPH Construction Safety and Health Program
CV Compliance Visit
DO Department Order
DOLE Secretary Secretary of the Department of Labor and Employment
DOLE-RD Department of Labor and Employment-Regional Director
DOLE-RO Department of Labor and Employment-Regional Office
DOTC Department of Transportation and Communications
DTI Department of Trade and Industry
ECC Employees Compensation Commission
FWP Family Welfare Program
GLS General Labor Standards
HDMF Home Development Mutual Fund
HRDS Human Resource Development Service
ICP Incentivizing Compliance Program
ID Imminent Danger
IJA Industry-Wide Joint Assessment
ILO International Labor Organization
INVESTIGATION Occupational Safety and Health Standards Investigation
ISO International Organization for Standardization
ITC Industry Tripartite Council
JA Joint Assessment
LEES Labor and Employment Education Service
LGU Local Government Unit
LLCO Labor Laws Compliance Officer
LLCS Labor Laws Compliance System
LLCS-MIS Labor Laws Compliance System-Management Information System
LMC Labor Management Council
LSCC Labor Standards Compliance Certificate
LSEF Labor Standards Enforcement Framework
LTFRB Land Transportation Franchising and Regulatory Board
MC Mandatory Conference
MLC Maritime Labour Convention
MOA Memorandum of Agreement
Part I. LLCS
A. Purpose, Policy and Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
B. Performance Indicators: Philippine Labor and Employment
Plan (LEP 2011-2016); Planning Tool (PT 2013-2016) and
Major Final Outputs (FY 2014 and 2015). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
C. Modes of Implementation
1. Joint Assessment or Assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. Compliance Visit or Visit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3. Occupational Health and
Safety Investigation or Investigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
4. Verification Assessment or Verification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
D. LLCS and Incentivizing Compliance Program (ICP) . . . . . . . . . . . . . . . . . . . . . . . . 3
E. Priority Establishments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Purpose
Policy
Scope
a. To validate compliance after ten (10) days period of correction and/or the
agreed OSH remediation period which should not be more than three (3)
months;
b. To validate abatement of the imminent danger after the seventy two (72)
Pursuant to Section 2, Rule VII of Department Order No. 131, series of 2013,
establishments that are able to maintain their COC in good standing within four (4)
consecutive years shall automatically qualify for publication as nominee to the Tripartite
Certificate of Compliance with Labor Standards (TCCLS) under Department Order No.
115-11, series of 2011, as amended.
E. Priority Establishments
Service Contractors/Subcontractors
The LLCO shall conduct interview of office employees and inspect the OSH
conditions at the head office.
The LLCO shall consolidate its findings and shall issue NR. In case of
compliance, he/she shall recommend for the issuance of COC; otherwise, he/she
shall recommend the conduct of mandatory conference.
The LLCO shall coordinate with the principal or user enterprise for the
conduct of interviews of contractors/subcontractors deployed employees, at
Service Cooperatives
Security Agencies
8. DOLE-LLCOs. The assigned LLCO shall observe Items A-2 & A-4, Part II
of this Manual, to determine compliance of security agencies with labor laws and
D.O. 14, as amended, and examine the following:
10. DOLE-LLCOs. The assigned LLCO shall observe Items A-2 & A-4, Part II
of this Manual, if applicable, to determine compliance by contractors with the
requirement of D.O. 18-A, D.O. 13, D.O. 19 and other administrative issuances, as
indicated in the Checklist. Additionally, he/she shall examine the following:
To ensure compliance with Department Order No. 129, series of 2013, and labor
laws, the following procedures shall be observed in the conduct of assessment or visit of
Philippine Registered Ships engaged in domestic shipping.
To ensure compliance with Department Order No. 118, series of 2012, and labor
laws, the following procedures shall be observed in the conduct of assessment or visit of
public utility bus transport companies.
To ensure compliance with Department Order No. 130, series of 2013 (seabased
recruitment/manning agencies), POEA Rules and Regulations, Republic Act No. 8042
or the Migrant Workers Act, as amended by Republic Act No. 10022 and relevant labor
laws, the following shall be observed:
E. Assessment of Apprenticeship/Learners
Franchisees have separate legal personality from their franchisor; they shall be
assessed, given technical assistance to and certified independently.
Upon request of the establishment, the LLCO of the DOLE-RO where the
principal office is located may conduct an all-inclusive assessment of their payroll
documents to include assessment also of employees working in its branches. The
DOLE-RD handling the branch office/s shall be furnished with a copy of the said LLCOs
findings as to the employees working in the branches.
The LLCO of the DOLE-RO where the branch office is located shall then limit its
assessment of the requesting establishment to:
The COC shall be issued by the DOLE-RD that assessed the establishments
principal place office while assessment accomplishments shall reflect the assessment of
the branches.
a. Develop and communicate to the LLCOs his/her regions LLCS annual work
plan containing the priority industries, timelines, strategies and plan of
actions, including distribution of monthly quotas per LLCOs, that must be
followed to attain the regions assessment target for the year;
b. Assign establishments to qualified LLCOs in his/her region using the LLCS-
MIS;
c. Supervise and regularly monitor the work progress of his/her LLCOs;
d. Review and verify the recommendations made by the LLCOs in the
documents submitted to him/her;
e. Initiate mandatory conference in cases of Occupational Safety and Health
Standards Investigations;
f. File the appropriate criminal action against the establishments in case of
violation of Article 128 in relation to Article 288 of the Labor Code, as
amended;
g. Coordinate with other government agencies and stakeholders;
h. Provide support and assistance to the LLCOs;
i. Confirm and review reports of closed or non-existent establishments and
those that cannot be located;
j. Promote the ICP and other DOLE programs to the stakeholders;
k. Use the feedback system as a tool to evaluate the performance and standing
of the LLCOs and propose to the DOLE Secretary, through the BWC, LLCOs
that should be given General Authority to conduct assessment;
l. Ensure and preserve the required number of trained and qualified LLCO per
region as prescribed under item B, Part IX of this Manual, or as otherwise
determined through subsequent directives;
m. Regularly coordinate and report to the Office of the DOLE Secretary through
the BWC; and
n. Perform such other functions as maybe required by the DOLE Secretary.
a. Monitor, review and evaluate the assessment, accident and other reports
submitted by the DOLE-ROs;
b. Submit to the DOLE Secretary policy and program recommendations to
improve or address gaps in the implementation of the LLCS;
c. Conduct random audit of the establishments assessed by the DOLE-ROs;
d. Coordinate with the HRDS in evaluating the results of the LLCS feedback
system, which can be utilized in determining the LLCOs to be bestowed with
a general authority to conduct assessment;
e. Before the start of the assessment period, recommend and propose to the
DOLE-Secretary the names of the LLCOs that shall be given general authority
to assess, visit and investigate;
f. Provide technical assistance and support to the DOLE-ROs to help them
attain their LLCS objectives and targets;
g. In coordination with HRDS, conduct trainings and capacity building
activities of LLCOs;
h. Act as the over-all administrator of the LLCS-MIS; and
i. Together with OSHC, ECC and other relevant DOLE agencies, act as
members of the composite team in performing SAVE or in investigating
accident incidents requiring technical expertise.
Pursuant to Administrative Order No. 404, series of 2014, or the Guide for
Effective and Efficient Compliance Assessment under the LLCS, the following
assessment modalities can be resorted to by the DOLE-ROs in combination, separately
or simultaneously, to ensure that all target establishments for the year have been visited
and extended assistance towards compliance with all labor laws:
A. Zonal Assessment
To maximize assessment coverage, DOLE-ROs shall employ the zonal approach
in the course of assessment and shall consider the priority establishments for
assessment within a selected zone. This approach should prioritize zones/areas which
have low levels of compliance based on the records of the DOLE-RO. In the preparation
of assessment programs, all establishments in these areas should be assessed to
maximize the utilization of the LLCOs time and effort.
B. In-House OSH Assessment
2. The receiving OSH practitioner shall officially send back to the ROs, within
two (2) weeks from receipt, the accomplished OSH Checklist for verification;
3. A table review of the assessment results made by the OSH practitioner shall
be done by the DOLE-ROs LLCO and the establishment with findings of non-
compliance shall be prioritized for Joint Assessment;
4. Validation of the OSH assessment shall be done by the LLCO with the Safety
Committee/Officer at the plant-level during the tripartite Joint Assessment
on GLS and other compliances; and
5. In case of compliance, the LLCO shall recommend for the issuance of the
Certificate of Compliance (COC) with OSHS and/or GLS; otherwise, possible
technical assistance or corrective actions shall be proposed to the
establishment to help them comply with labor laws subject to the correction
and remediation periods mentioned under D.O. 131-13.
C. Assessment by Industry
To expand the assessment coverage, the DOLE-ROs are directed to mobilize their
respective Industry Tripartite Councils (ITCs) and associations (e.g., PALSCON for
contractors, IBPAP for BPOs, FFCCCII, Makati Business Club, Foreign and Local
Chambers of Commerce, etc.), for effective and expanded reach in the industry and
association members.
Consistent with the agreed joint enforcement of labor standards laws and
occupational safety and health standards in the economic zones of Philippine Economic
Zone Authority (PEZA), pursuant to the Implementing Rules and Regulations of the
2006 DOLE-PEZA Memorandum of Agreement (MOA) and the corresponding regional
MOA, the RD shall organize with the PEZA manager in the area, an Ecozone-wide
Assessment of locators voluntary compliance with labor standards and OSH.
Pursuant to Department Order No. 131-A, series of 2014, or the Guidelines in the
Conduct of Special Assessment or Visit of Establishments (SAVE), the following shall be
observed to ensure compliance with labor laws, particularly on policy on hiring and
other related concerns:
a. Within 24 hours from receipt of an order from the Secretary of Labor and
Employment, the Regional Director/s shall issue the Authority to Assess the
establishment covered by the SAVE;
c. In addition to the indicators in the Checklist, the composite team shall look
into the following:
Managerial;
Supervisory;
Rank and file employees (classified according to status whether
regular/permanent, seasonal, temporary, project-based, fixed-
term, casual, probationary, apprentice, under dual training system,
learners, trainees, and OJTs); and
d. After the initial assessment, the Regional Director shall submit a report within
seventy two (72) hours from the date of assessment to the Secretary of Labor
and Employment containing the above information and preliminary
determination of compliance with labor laws;
g. The SAVE activity shall be concluded with a final report detailing the facts,
information, statistics, other relevant data and recommendations essential
for the Secretary of Labor and Employment to determine the establishments
compliance with labor laws to be submitted by the Regional Director within
three (3) months from the conduct of assessment; and,
1
OJT is a modality of training and learning. It is not an employment scheme.
Pursuant to Sections 9 to 11, Rule VIII of the Implementing Rules of Articles 113
to 115, Book III of the Labor Code, as amended, no employer shall limit or interfere with
the freedom of the employee to dispose of his/her wages. Except in the following cases
where the employer may make deductions from the wages:
a. That the employee concerned is clearly shown to be responsbile for the loss or
damage;
b. That the employee is given reasonable opportunity to show cause why
deductions should not be made;
c. That the amount of such deductions is fair and reasonable and shall not
exceed the actual loss or damage; and
d. That the deduction from the wages of the employee does not exceed 20% of
the employees wages in a week.
No other deductions from the wages of the employees shall be made without
express authorization from the DOLE Secretary. However, this shall be implemented
prospectively.
Minimum wage earners are exempt from tax as provided under R.A. No. 9504.
Thus, in assisting establishments in restructuring the pay computations, care must be
observed and guidance on de minimis benefits is hereby provided so as not to affect or
reduced the take home pay of the workers.
A. Employer Interference
The LLCO, after the assessment, shall politely inform the employer or his/her
representative that the interference or limitation shall form part of the report with
appropriate recommendation to the RD.
Any forcible conduct against the LLCO is prohibited and shall immediately be
reported to the RD for possible filing of cases against the person/s responsible for such
act/s.
If any of the following forcible conduct is inflicted on the LLCO before, during or
after assessment, he/she shall immediately extricate himself/herself from the
workplace or request rescue from the RD:
2. Striking, kicking, or in any way inflicting injury, pain or harm to the LLCO;
or
The act/s shall form part of the LLCO assessment report with appropriate
recommendation to the RD.
The report of the LLCO shall be accompanied with his/her Affidavit stating that
the establishment or contractor/subcontractor have closed or ceased operation with
attachments of proof of closure.
The LLCO, after exerting diligent effort to locate the establishment, shall
immediately submit a report to the RD if the establishment for Assessment, Visit or
Investigation cannot be located. The RD shall verify the information and if indeed the
establishment is non-existent, he/she shall assign another establishment to the LLCO.
The DOLE-RD shall notify the BWC, in writing, that the establishment or a list of
establishments cannot be located in his/her area of jurisdiction to update the master list
of establishments.
The BWC shall conduct a random audit of the list of reported establishments that
cannot be located by evaluating the proof of termination of operation or closure of
business such as photos of the establishment depicting non-operation, affidavits of
persons who have personal knowledge of the closure, certificate of business closure from
Department of Trade and Industry, Securities and Exchange Commission, City or
Municipality where it operates, Bureau of Internal Revenue or from any other
government agencies requiring registration of such closure of business operation.
3. The Department has sixteen (16) DOLE-ROs all over the Philippines
headed by the RDs. The RD in each DOLE-RO exercises, by
delegation, the enforcement power of the Secretary pursuant to Article
128 of the Labor Code of the Philippines, as amended, and has
administrative supervision over the LLCOs in his/her region. The
RDs shall preserve and mobilize all the allocated LLCOs in their
respective regions in the implementation of the LLCS.
Number of LLCOs
per Region 372 additional 2012 No. of
REGION plantilla GLS & TSI Total
LEO III Sr. LEO Distribution Inspectors
CAR 4 1 5 10 15
RO I 7 5 11 8 19
RO II 3 1 4 8 12
RO III 25 17 42 14 56
RO IV-A 37 23 61 18 79
RO IV-B 3 1 4 10 14
RO V 3 3 6 11 17
RO VI 14 7 21 13 34
RO VII 17 12 29 17 46
RO VIII 2 1 3 11 14
RO IX 4 1 5 10 15
RO X 6 6 12 13 25
RO XI 11 8 19 12 31
RO XII 6 3 9 8 17
CARAGA 4 1 5 6 11
Source: Personal Services Itemization and Plantilla of Personnel (PSIPOP) for Fiscal Year 2013
C. Registry of LLCOs
The BWC shall maintain a National Registry of Qualified LLCOs, which shall be
updated regularly. The Registry of Qualified LLCOs shall be posted in the official website of
DOLE for information of the general public and as a precaution to others who are not
qualified/authorized to assume as LLCOs.
Each RO shall keep a Regional Registry of LLCOs in accordance with the ratio set by
the BWC. The LLCOs are required to meet their assigned targets relative to the
implementation of the LLCS.
Region Coverage
NCR Caloocan City, Las Pias City, Makati City, Malabon City,
Mandaluyong City, Manila City, Marikina City, Muntinlipa City,
Paraaque City, Pasay City, Pasig City, Quezon City, Valenzuela
City, Navotas, San Juan, Pateros, Taguig
CAR Abra, Apayao, Benguet, Ifugao, Kalinga, Mountain Province
I Ilocos Norte, Ilocos Sur, La Union, Pangasinan
II Batanes, Cagayan, Isabela, Quirino, Nueva Vizcaya
III Aurora, Bataan, Bulacan, Nueva Ecija, Pampanga, Tarlac,
Zambales
IV-A Batangas, Cavite, Laguna, Quezon, Rizal
CALABARZON
To ensure that the Department has a pool of LLCOs with relevant skills
and competencies, this Qualification Standards shall be observed in the
recruitment of LLCOs:
2. Competency Requirements
c. With certificate of good standing from the BWC. Good standing means must
not have been found guilty of administrative offense under the Civil Service
Rules. However, for the newly-hired LLCOs, the qualification of certificate
of good standing is not required in their first year of assignment.
3. Functions
c. Other Related Tasks. The LLCO shall perform related tasks as maybe
assigned by the BWC and/or the ROs.
2. Evaluate and process plans and applications of mechanical units for the
purpose of issuance of permits to operate;
F. Discipline
Section 17 and 18, Rule V of the Administrative Order No. 55, series of 2013
provide,
Further, Sec. 9 [b], Rule II, Administrative Order No. 55, s. 2013, provides that,
xxx The Regional Directors shall have original jurisdiction to investigate and
decide over all complaints and cases against officials and employees under their
supervision and control xxx
The LLCO shall wear the DOLE-prescribed uniform and bring the following
documents and appropriate tools during the conduct of assessment:
The failure of the LLCO to utilize the LLCS-MIS mobile in reporting the results of
the Assessment shall subject him/her and the RD to administrative case; unless, a
Objectives
The LLCS Program is a yearly plan to ensure the conduct of efficient and
effective enforcement activities towards a culture of voluntary compliance with labor
laws by all establishments, branches, and workplaces and worksites and expand the
reach of DOLE through partnership with labor and employers organization, as well as
with other government agencies and professional organizations.
Policy
On or before the 10th day of January, all RDs shall annually submit for
evaluation to the BWC an LLCS Program or Work Plan based on D.O. 131-13 and this
Manual. No assessment shall be allowed in any Region without compliance with this
requirement. If such enforcement activities have already commenced, non-
submission/ non-approval of the said program shall cause the suspension of said
activities.
Scope
A. Specific Targets
The BWC may adjust the work standard when required by reason of any
incongruity in the number of establishments vis--vis the number of LLCOs and
financial resources provided to the DOLE-ROs.
1. Review of Masterlist. The BWC shall review and revise the Masterlist
quarterly to delist those that are no longer in business or within the territory
of appropriate DOLE-RO and to add new establishments, branches, and
workplaces and worksites.
A. Joint Assessment
From the pool of LLCOs given with General Authority, the RD shall designate the LLCO
that shall conduct Assessment of specific establishments, branches, and workplaces and
worksites within his/her respective region. The RD shall issue a Letter addressed to the
company, sent in advance or handcarried by the LLCO, specifying the purpose of the
Assessment and the reforms on the inspection system, now called the LLCS.
1.1.1 In the absence of the RD, his/her Officer-in-Charge shall perform the
functions mentioned in 1.1 hereof.
He/She shall introduce himself/herself as the DOLE personnel assigned to conduct the
Assessment and shall present the Letter and Authority to Assess to the employers
representative. Proceed to STEP 3.
2.2 Employer refused access to records and premises on the first visit.
The LLCO shall issue to the employer a Notice of Assessment (NA) containing: (1) the
fact of refusal or failure to access the records and premises; and, (2) the schedule or date
of the next visit.
The LLCO shall issue an NR to the employer indicating the refusal. In case of refusal of
the employer or its representative to receive the NR, the LLCO shall adopt the same
service procedure outlined under the second paragraph of 2.2.
The LLCO shall submit to the RD a Narrative Report duly supported by: (1) Notice of
Results stating the failure to conduct Assessment; (2) Notice of Assessment; and, (3)
Affidavits of Service.
The Affidavits of Service shall specify that he/she proceeded to the establishment but
was refused access to record, premises or conduct interview to its workers on the first
and second visits despite receipt of NA. Such refusal shall constitute as a violation of
Article 128 in relation to Article 288 of the Labor Code of the Philippines, as amended.
Within ten (10) days from receipt of NR by the employer, the LLCO shall recommend to
the RD the filing of appropriate criminal action.
The LLCO shall explain the purpose of the Assessment and the reforms under the LLCS
such as availment of DOLE programs and services and promotion of the tripartism
feature of the present system whereby the employer shall be informed that the Joint
Assessment shall be conducted in the presence of its representatives and that of the
employees.
1. Owner;
2. President;
3. Vice-President;
4. Manager;
5. HR Head or Staff;
6. Supervisor; or
7. Any other employee given expressed, implied or apparent authority to
represent the establishment.
a. LMC;
b. Safety and Health Committee;
c. Family Welfare Committee; and
d. Any rank-and-file employee designated by the employees present
at the time of assessment (need not be through secret balloting).
All money claims arising from employer-employee relations have a prescriptive period of
three (3) years.
In case of Joint Assessment, the LLCO may initially require presentation of past
employment records covering a period of one (1) year from date of assessment. In case
of Compliance Visit, the LLCO shall require presentation of employment records
covering a period of three (3) years from the date of assessment.
In case the company has been previously assessed and deficiencies were discovered, the
LLCO shall verify if the same had been corrected. The coverage of his/her examination
shall start from the date of the last assessment, Visit, or Investigation. As proof of last
Assessment, Visit, or Investigation, the LLCO shall require the NR of the last
assessment.
The LLCO shall conduct an initial examination of the following records which shall be
used in determining compliance with labor laws and other related issuances:
The above employment records shall be used in determining compliance with labor laws
including: minimum wage, holiday pay, overtime pay, night shift differential pay, service
incentive leave pay, 13th month pay, rest day pay, and other monetary benefits provided
by law or compliance with other labor laws and social legislations.
In case of centralized payroll system, the RO having jurisdiction over the head office of
the establishment shall evaluate the GLS compliance of the establishment, the result of
which shall be copy furnished to the other ROs. The OSHS compliance of its branches
shall be determined by the other ROs.
The LLCO may conduct an individual or group interview of employees selected through
random sampling. After the interview, the LLCO shall attach the Affidavits of the
interviewed employees to the Assessment Checklist.
The LLCO together with the representatives of the employer and employee shall inspect
the entire workplace. The LLCO shall be guided by any of the following indicators:
After the Assessment, the LLCO shall conduct an exit conference, informing the
representatives of the employer and employees of the results of the Assessment. An
Acknowledgement Receipt shall be issued to the representatives of the employer and
employees by the LLCO. If the mobile device and application are not available, the
LLCO shall issue a hard copy of the Assessment Checklist.
In case a noted deficiency is not included in the mobile application, the LLCO shall
indicate it in the Acknowledgement Receipt. He/She shall offer the DOLE Toolbox of
Programs and Services appropriate to the establishment.
Proceed to STEP 5.
The LLCO shall give a copy of the Assessment Checklist to the representatives of
the employer and employees.
Within ten (10) days from submission of the Action Plan, the
employer shall submit a Status Report showing the percentage
of the completion of the Action Plan. The LLCO shall also
monitor that the Action Plan is fully implemented for a period
of not more than three (3) months from Assessment.
In order to expedite the process of the issuance of the NR, the LLCO may prepare
the NR indicating there at the deficiencies enumerated in the accomplished assessment
after the conduct of assessment and the findings be explained to the employers and
employees representative after which both representatives are made to affixed their
names and signatures as a matter of conformity with the findings of the LLCO. It should
also be explained that the prepared NR shall only be issued after the employer failed in
the instances enumerated in Step 5.1. In such cases, the said NR may be served by the
designated process server or through other recognized mode of service.
The LLCO shall offer the appropriate DOLE Programs and Services to the
establishments such as: Kapatiran Program, Labor and Employment Education
Service (LEES), Basic Occupational Safety and Health (BOSH), Construction
Occupational Safety and Health (COSH), Construction Safety Orientation,
Family Welfare Program, Labor-Management Cooperation, Productivity
Improvement Programs, and other Programs as maybe formulated to ensure
compliance with labor laws.
The LLCO shall accomplish the NR indicating the results of Assessment. The NR shall
be served either by the LLCO or the designated process server. Upon receipt of the NR,
the representatives of the employer and the employees shall be required to affix their
signatures on top of their respective printed names.
Proceed to Step 6.
After the issuance of NR under 2 of 5.1, the TSSD Chief shall docket the labor
standards case as follows:
Sample:
Region Number-Province Code-JA-Year-Month-G
RO01-1-JA-2014-01-0001-G
After the case has been docketed, the Hearing Officer shall issue a Notice of
Mandatory Conference to the employer and representative of the employees to
appear before the assigned Hearing Officer. Proceed to Step 5.5.
After the issuance of NR under 3, 4 and 5 of 5.1 , the TSSD Chief shall docket the
labor standards case as follows:
Sample:
Region Number-Province Code-JA-Year-Month-O
RO01-1-JA-2014-01-0001-O
and the LLCO shall recommend to the RD the issuance of a Compliance Order.
The mandatory conference shall be conducted by the Hearing Officer on the scheduled
date which shall be within ten (10) days from receipt of NR. The mandatory conference
shall be terminated thirty (30) days from date of the first conference.
Generally, the postponement shall not be allowed during mandatory conference, except
on meritorious ground which shall not exceed two (2) postponements.
If there are violations of other labor laws and social legislations which concern other
agencies, indorsement shall be made as follows:
7. In case of violation of the Republic Act 7277 also known as Magna Carta for
Disabled Persons, a copy of the findings shall be furnished to the Bureau of
Workers with Special Concerns (BWSC) and the LGU concerned.
The RD shall issue a Compliance Order within ten (10) days from the termination of the
mandatory conference.
The Process Cycle Time (PCT) of case disposition shall be forty (40) days reckoned from
the date of first mandatory conference until the issuance of Compliance Order.
The LLCO shall recommend to the RD the issuance of COC after correction of the noted
deficiencies within the period of correction or remediation period.
The RD shall review the NR and other documents submitted by the LLCO. He/She shall
determine if the recommendation of the LLCO for issuance of COC is proper. If the RD
finds the recommendation to be proper, he/she shall issue any of the following
certificates of compliance:
The RD shall promote the ICP to its certified establishments as part of the
DOLEs advocacy efforts to promote voluntary compliance.
Upon receipt of the SEnA Referral from the SEADO recommending the conduct of the
Visit, the RD shall check if the complaint is for violation of labor standards benefits and
if the complainant is an employee of the establishment.
In case the complaint received is from an anonymous source or from the media, the
concerned establishment shall be subject to Assessment.
From the pool of LLCOs given with General Authority, the RD shall assign the
establishment to the LLCO for the conduct of Visit and issue a Letter and Authority to
Assess, indicating the date and the purpose of the scheduled Visit.
2.1.1 In the absence of the RD, his/her Officer-in-Charge shall perform the
functions mentioned in 2.1 hereof.
He/She shall introduce himself/herself as the DOLE personnel assigned to conduct the
Visit and shall present the Letter and Authority to Assess to the employers
representative. Proceed to STEP 4.
3.2 Employer refused access to records and premises on the first visit.
The LLCO shall issue to the employer an NA containing: (1) the fact of refusal or failure
to give access to the records and premises; and, (2) the schedule or date of the next visit.
In case of refusal of employer or its representative to receive the NA, the LLCO shall
send it through registered mail or other recognized modes of service. A copy of the NA
shall likewise be posted in two (2) conspicuous places of the establishment premises.
The LLCO shall execute an Affidavit of Service (AS) attesting to the fact of refusal or
failure, which shall form part of the entire records of the Assessment.
3.3 Employer refused access to records and premises on the second visit.
The LLCO shall issue an NR to the employer indicating the refusal. In case of refusal of
the employer or its representative to receive the NR, the LLCO shall adopt the same
service procedure outlined under the second paragraph of 3.2.
The LLCO shall submit to the RD a Narrative Report duly supported by: (1) Notice of
Results stating the failure to conduct Assessment; (2) Notice of Assessment; and, (3)
Affidavits of Service.
The Affidavit of Service shall specify that the LLCO proceeded to the establishment but
was refused access to records, premises or conduct interview to its employees on the first
and second visits despite receipt of NA. Such refusal by the employer shall constitute as
a violation of Article 128 in relation to Article 288 of the Labor Code of the Philippines,
as amended. Within ten (10) days from receipt of NR by the employer, the LLCO shall
recommend to the RD the filing of appropriate criminal action.
The LLCO shall briefly identify himself/herself as the DOLE personnel, present to the
employer the Letter and Authority to Assess, and explain to the employer the purpose of
such Visit.
All money claims arising from employer-employee relations have a prescriptive period of
three (3) years.
In case of Compliance Visit, the LLCO shall require presentation of employment records
covering a period of three (3) years from date of Assessment.
In case the company has been previously assessed and deficiencies were discovered, the
LLCO shall verify if the same had been corrected. The coverage of his/her examination
shall start from the date of the last Assessment, Visit, or Investigation if the same has
been corrected. As proof of last Assessment, Visit, or Investigation, the LLCO shall
require the NR of the last assessment.
The LLCO shall conduct an initial examination of the following records which shall be
used in determining compliance with labor laws and other related issuances.
The above employment records shall be used in determining compliance with labor laws
including: minimum wage, holiday pay, overtime pay, night shift differential pay, service
incentive leave pay, 13th month pay, rest day pay, and other monetary benefits provided
by law or compliance with other labor laws and social legislations.
In case of centralized payroll system, the DOLE-RO having jurisdiction over the head
office of the establishment shall evaluate the GLS compliance of the establishment, the
result of which shall be copy furnished to the other DOLE-ROs. The OSHS compliance
of its branches shall be determined by the other DOLE-ROs.
The LLCO may conduct an individual or group interview of employees selected through
random sampling. After the interview, the LLCO shall attach the Affidavits of the
employees to the Assessment Checklist.
The LLCO shall inspect the entire workplace. The LLCO shall be guided by any of the
following indicators:
The LLCO shall accomplish the NR indicating whether the establishment is compliant or
non-compliant with the GLS and OSHS. The NR shall be served either by the LLCO or
the designated process server. Upon delivery, the representative of the employer and the
Exit Conference. After the Visit, the LLCO shall discuss to the representative of the
employer and/or employees his/her findings.
5.1.1 In case the result of the Visit showed that there is no noted
deficiency.
Proceed to STEP 6.
5.1.2 In case the result of the Visit showed that there is noted
deficiency.
The employer has ten (10) days from receipt of NR to correct the noted
deficiencies. After which, the LLCO shall return to the establishment to validate
if corrections have been made by the employer. If the employer has rectified the
deficiencies, proceed to STEP 6. If the employer still failed to correct the noted
deficiencies, a mandatory conference shall be conducted.
After the lapse of the period of correction in a Visit, the TSSD Chief shall docket the
labor standards case as follows:
Sample:
Region Number-Province Code-CV-Year-Month.
RO01-1-CV-2014-01-0001
After the case has been docketed, the Hearing Officer shall issue Notice of Mandatory
Conference to the employer and representative of the employees to appear before the
assigned Hearing Officer. The mandatory conference shall commence within ten (10)
days from receipt of NR and it shall be terminated within thirty (30) days from the date
of the first conference.
If there are violations of other labor laws and social legislations which concern other
agencies, indorsement shall be made as follows:
8. In case of violation of the Republic Act 7277 also known as Magna Carta for
Disabled Persons, a copy of the findings shall be furnished to the Bureau of
Workers with Special Concerns (BWSC) the LGU concerned.
The RD shall issue a Compliance Order within ten (10) days from the termination of the
mandatory conference.
The Process Cycle Time (PCT) for case disposition shall be forty (40) days reckoned from
the date of first mandatory conference until the issuance of Compliance Order.
The LLCO shall recommend to the RD the issuance of COC after correction of the noted
deficiencies.
The RD shall review the NR and other documents submitted by the LLCO. He/She shall
determine if the recommendation of the LLCO for issuance of COC is correct. If the RD
finds the recommendation to be correct, he/she shall issue any of the following
certificates of compliance:
The RD shall promote the ICP to its certified establishments as part of the
DOLEs advocacy efforts to promote voluntary compliance.
The LLCO shall write on the Work-Alert Form all the information given by the
informant regarding the existence of imminent danger and submit the accomplished
form to the RD.
The LLCO shall proceed to STEP 4 if imminent danger is discovered during the
conduct of the Assessment/Visit.
2.1.1 In the absence of the RD, his/her Officer-in Charge shall perform the
functions mentioned in 1.1 hereof.
The LLCO shall proceed to the establishment with the Authority to Investigate and
inform the employer that an Investigation shall be conducted based on the
Proceed to STEP 4.
The LLCO shall issue an NR. If the employer does not accept the NR, the
LLCO shall send it through registered mail or other recognized modes of
service.
The LLCO shall submit the following to the RD based on the presumption of
existence of imminent danger: (1) NR with a narrative report stating failure
to conduct Investigation and a recommendation to issue a WSO; and (2)
Affidavit of Service.
The Affidavit of Service shall state that the LLCO proceeded to the
establishment for Investigation but he/she was refused access to records,
premises or conduct interview to its employees. Such refusal by the employer
shall constitute as a violation of Article 128 in relation to Article 288 of the
Labor Code of the Philippines, as amended. The RD shall file appropriate
criminal action against the erring establishment within seven (7) days from
receipt of NR by the establishment. For purposes of payment of wages and
any other liabilities arising from the WSO, the employer is presumed a party
at fault.
The LLCO shall briefly identify himself/herself as the DOLE personnel, present to the
employer the Letter and Authority to Investigate, and explain to the employer the
purpose of the Investigation.
The LLCO shall first inspect the entire workplace with the assistance of safety officer,
if any, or representatives of the employer to determine if imminent danger exists in
The LLCO shall conduct an initial examination of the following records which shall be
used in determining compliance with labor laws and other related issuances.
The above employment records shall be used in determining compliance with labor laws
including: minimum wage, holiday pay, overtime pay, night shift differential pay, service
In case there is a deficiency during the initial review of records, he/she shall require that
the 3-year period be presented taking into consideration that all money claims arising
from employer-employee relations have a prescriptive period of three years.
Where deficiencies were discovered in previous assessment, the LLCO shall verify if the
same had been corrected and the coverage of his/her examination shall start from such
date of previous assessment start from the date of the last Assessment, Visit, or
Investigation. As proof of last Assessment, Visit, or Investigation, the LLCO shall require
the NR of the last assessment.
In case of centralized payroll system, the DOLE-RO having jurisdiction over the head
office of the establishment shall evaluate the GLS compliance of the establishment, the
result of which shall be copy furnished to the other DOLE-ROs. The OSHS compliance
of its branches shall be determined by the other DOLE-ROs.
The LLCO shall offer the appropriate DOLE programs and services to the
establishments such as: Kapatiran Program, Labor and Employment Education
Service, Basic Occupational Safety and Health, Family Welfare Program, Labor-
Management Cooperation, Productivity Improvement Programs, and other programs
that maybe formulated to ensure compliance with labor laws.
After the conduct of Investigation, the LLCO shall issue an NR stating: (1) existence
or non-existence of imminent danger/dangerous occurrence; (2) compliance with
GLS and/or OSHS; and, (3) deficiencies in GLS and/or OSHS. In case of noted
deficiencies, the LLCO shall indicate the specific deficiencies in the NR.
After the Investigation, the LLCO shall discuss to the representatives of the employer
and employees his/her findings.
Proceed to STEP 6.
Sample:
Region OI Year Month Docket Number
RO01 OI 2014 01 0001
The LLCO shall require the employer to immediately abate the cause of the
imminent danger/dangerous occurrence.
The LLCO shall submit an Investigation Report to the RD stating the failure to
abate imminent danger/ dangerous occurrence and consequently recommend
for the issuance of a WSO against the employer.
Sample:
Region OI Year Month Docket Number W
RO01 OI 2014 01 0001 W
The RD shall validate the report before he/she lifts the WSO. In
the Order lifting the WSO, the RD shall make a finding whether
the proximate cause of the accident is due to the negligence or fault
of the employer (as distinguished from any contributory
negligence on the part of the disabled worker); in which case, the
RD shall require the establishment to submit a proof of payment of
foregone wages and benefits due to the workers covered by the
suspension order.
The RD shall submit a full report of the Investigation to the DOLE Secretary
through the BWC in case imminent danger/dangerous occurrence was not
abated. The report shall be submitted within one (1) day either from lifting of
the WSO or from termination of the mandatory conference.
If there are violations of other labor laws and social legislations which concern other
agencies, indorsement shall be made as follows:
7. In case of violation of the Republic Act 7277 also known as Magna Carta for
Disabled Persons, a copy of the findings shall be furnished to the Bureau of
Workers with Special Concerns (BWSC) the LGU concerned.
The LLCO shall recommend to the RD the issuance of COC after Investigation
or correction of the noted deficiencies.
The RD shall review the NR and other documents submitted by the LLCO.
He/She shall determine if the recommendation of the LLCO for issuance of
COC is correct. If the RD finds the recommendation to be correct, he/she
shall issue any of the following certificates of compliance:
The RD shall promote the ICP to its certified establishments as part of the
DOLEs advocacy efforts to promote voluntary compliance.
The LLCO shall write on the Work-Alert Form all the information given by the
informant regarding the existence of disabling injury and submit the accomplished
form to the RD.
The RD shall issue an Authority to Investigate and a WSO within one (1) day from
receipt of Work-Alert Form and assign an LLCO to conduct Investigation in the
establishment.
2.1.1 In the absence of the RD, his/her Officer-in Charge shall perform the
functions mentioned in 1.1 hereof.
Case Docketing. After the issuance of the NR, the Hearing Officer shall
docket the case using the following format:
Sample:
Region OI Year Month Docket Number W
RO01 OI 2014 01 0001 W
The LLCO shall proceed to the establishment with the Authority to Investigate and
inform the employer that an Investigation shall be conducted based on the
information received by the RO that there exists a disabling injury in the
establishments premises.
Proceed to STEP 4.
The LLCO shall issue an NR and serve the WSO to the employer.
The LLCO shall submit to the RD a Narrative Report duly supported by: (1)
Notice of Results stating the failure to conduct Investigation; and, (2)
Affidavit of Service.
For purposes of payment of wages and any other liabilities arising from the
WSO, the employer is presumed a party at fault.
The LLCO must briefly identify himself/herself, present to the employer the Letter
and Authority to Investigate, and explain to the employer the purpose of such
Investigation.
The LLCO shall first inspect the entire workplace with the assistance of safety officer,
if any, or representatives of the employer and employees before examining the
employment records. He/ She shall determine the existence of disabling injury and
ensure that the cause shall be abated. The LLCO shall be guided by the OSHS
compliance indicators as specified in the Assessment checklist.
The LLCO may recommend to the RD the creation of composite team comprised of
representatives from the Bureau of Working Conditions (BWC), Occupational Safety
and Health Center (OSHC) and Employees Compensation Commission (ECC) to
render necessary assistance depending on the gravity of the incident and the required
technical assistance.
The LLCO shall conduct an initial examination of the following records which shall be
used in determining compliance with labor laws and other related issuances.
The above employment records shall be used in determining compliance with labor laws
including: minimum wage, holiday pay, overtime pay, night shift differential pay, service
incentive leave pay, 13th month pay, rest day pay, and other monetary benefits provided
by law or compliance with other labor laws and social legislations.
In case there is a deficiency during the initial review of records, he/she shall require that
the 3-year period be presented taking into consideration that all money claims arising
from employer-employee relations have a prescriptive period of three years.
Where deficiencies were discovered in previous assessment, the LLCO shall verify if the
same had been corrected and the coverage of his/her examination shall start from such
date of previous assessment start from the date of the last Assessment, Visit, or
Investigation. As proof of last Assessment, Visit, or Investigation, the LLCO shall require
the NR of the last assessment.
In case of centralized payroll system, the DOLE-RO having jurisdiction over the head
office of the establishment shall evaluate the GLS compliance of the establishment, the
result of which shall be copy furnished to the other DOLE-ROs. The OSHS compliance
of its branches shall be determined by the other DOLE-ROs.
The LLCO shall conduct an interview to the employees selected through random
sampling. The employees shall be asked to fill out the affidavit form which shall be
attached to the NR.
The LLCO shall offer the appropriate programs and services to the establishments
such as: Kapatiran Program, Labor and Employment Education Service, Basic
Occupational Safety and Health, Family Welfare Program, Labor-Management
Cooperation, Productivity Improvement Programs, and other Programs as maybe
formulated to ensure compliance with labor laws.
The LLCO shall issue an NR showing whether or not there is disabling injury after the
conduct of Investigation. If there is disabling injury, the LLCO shall indicate the
nature of the danger that has caused death or serious injury. It shall also contain
whether or not the establishment is complying with GLS or OSHS. In case of
deficiency, the LLCO shall specific the same.
The LLCO shall explain to the safety officer and the representatives of the employer
and employees the result of the Investigation. He/She shall require the
representatives to affix their signatures on top of their printed name. The
accomplished NR shall be distributed as follows: (1) owner or his/her/its
representative, (2) representative of the employees, (3) DOLE-RO and (4) BWC. The
copy of the BWC shall be sent within five (5) days from termination of Investigation.
After the Investigation, the LLCO shall discuss to the representatives of the employer
and employees his/her findings.
Proceed to STEP 6.
The employer has ten (10) days from receipt of the NR to correct the
deficiency. At the end of the period of correction, the LLCO shall check if
corrective measures have been implemented.
Sample:
Region OI Year Month Docket Number
RO01 OI 2014 01 0001
The LLCO shall require the employer to immediately abate the said deficiency.
Depending on the gravity of the incident and the required technical assistance,
the LLCO may recommend to the RD the creation of composite team comprised
of representatives from the BWC, Occupational Safety and Health Center (OSHC)
and Employees Compensation Commission (ECC) to render necessary assistance.
During the effectivity of the WSO, the establishment shall cease to operate until
the noted deficiency was abated.
The RD shall validate the report before he/she lifts the WSO. In the
Order lifting the WSO, the RD shall make a finding whether the
proximate cause of the accident is due to the negligence or fault of the
employer (as distinguished from any contributory negligence on the
part of the disabled worker); in which case, the RD shall: (a) require
the establishment to submit a proof of payment of foregone wages and
benefits due to the workers covered by the suspension order; (b)
declare the employer liable under Article 200 of the Labor Code and
indorse a copy of the Order to the ECC for appropriate action.
If there are violations of other labor laws and social legislations which concern other
agencies, indorsement shall be made as follows:
7. In case of violation of the Republic Act 7277 also known as Magna Carta
for Disabled Persons, a copy of the findings shall be furnished to the Bureau
of Workers with Special Concerns (BWSC).
The LLCO shall recommend to the RD the issuance of COC after Investigation and
correction of the noted deficiencies
The RD shall review the NR and other documents submitted by the LLCO. He/she
shall determine if the recommendation of the LLCO for issuance of Certificate of
Compliance in favor of the establishment is correct. If the RD shall find the
recommendation to be correct, he/she shall issue any of the following certificates of
compliance:
The RD shall promote the ICP to its certified establishments as part of the DOLEs
advocacy efforts to promote voluntary compliance.
Armed with a general authority from the DOLE Secretary, the LLCO shall focus
on the observable and apparent OSHS deficiencies committed in a worksite in
conducting a plain view investigation. He/She shall: (a) note the violation and
gather evidence of the violation, such as pictures and statements of interviewed
employees; (b) explain the necessary actions that the employer needs to institute
to abate the hazards in the worksite; (c) require the employer to cease operation
until the corrective measures are implemented; and, (d) submit an initial report
to the RD which has jurisdiction over the worksite, attaching the gathered
evidence.
Upon receipt of Investigation Report, the RD having jurisdiction over the subject
establishment shall assign his/her LLCO to proceed with the OSHS Investigation
of the establishment found to have OSHS deficiencies. If appropriate, the RD
shall issue a WSO based on the recommendation of the LLCO.
The LLCO assigned by the RD shall proceed to the establishment in order to issue
an Assessment Checklist. When there is imminent danger/dangerous
occurrence, proceed to STEP 4 of imminent danger/dangerous occurrence
investigation. For other OSHS deficiencies, proceed to STEP 4 of Assessment.
A. LLCS Forms
FORM 1
Date: ___________________
(Name of Representative)
(Position)
(Name of Company)
(Address)
Dear _____________________:
The Department of Labor and Employment ensures that all establishments are
compliant with labor laws.
In this regard, we are sending our Labor Laws Compliance Officer, (Name of LLCO),
to conduct Joint Assessment and Orientation of DOLE Programs and Services. The Joint
Assessment will cover the examination of employment records, interview of some
employees and inspection of work premises.
Our Labor Laws Compliance Officer will also conduct orientation on any of the
following DOLE Programs and Services to facilitate ease in compliance:
1. Kapatiran;
2. Labor Relations, Human Relations and Productivity module;
3. Basic Occupational Safety and Health;
4. Family Welfare Program;
5. Labor-Management Cooperation;
6. Productivity Improvement Programs; and
7. Other Programs suited to your establishment.
___________________________
RD
87 | Manual on LLCS and Procedures for Uniform Implementation
ANNEX B
FORM 1.1
Date: ______________________
(Name of Representative)
(Position)
(Name of Company)
(Address)
Dear _____________________:
Our Labor Laws Compliance Officer, (Name of LLCO), will conduct a Compliance
Visit to your establishment on (Date of Compliance Visit) to verify/validate the SEnA
Referral/Complaint for violation of labor standards against your establishment.
Our Labor Laws Compliance Officer will also conduct orientation on any of the
following DOLE Programs and Services to facilitate ease in compliance:
8. Kapatiran;
9. Labor Relations, Human Relations and Productivity module;
10. Basic Occupational Safety and Health;
11. Family Welfare Program;
12. Labor-Management Cooperation;
13. Productivity Improvement Programs; and
14. Other Programs suited to your establishment.
____________________________________
RD
AUTHORITY TO ASSESS
You are hereby authorized to conduct Joint Assessment at the establishments specified below
including its contractors and subcontractors:
ESTABLISHMENT ADDRESS
XXX
Note: This authority includes the right to conduct Occupational Safety and Health Standards
Investigation on establishment with occupational safety and health standards violations committed in
plain view or in the presence of the LLCO.
_______________________________
RD
FORM 2.1
AUTHORITY TO INVESTIGATE
You are hereby authorized to conduct Occupational Safety and Health Standards
Investigation at the establishment specified below:
ESTABLISHMENT ADDRESS
Note: The coverage of OSHS investigation will include assessment of other Labor Laws.
________________________________
RD
Date: _______________________
Name : ___________________________________
Position : ___________________________________
Company : ___________________________________
Address : ___________________________________
___________________________________
NOTICE OF ASSESSMENT
Be informed that I visited your establishment today but was DENIED ACCESS to your employment records or premises. A second visit
will be conducted on __(date of next visit)___ for purposes of (Joint Assessment/Compliance Visit) pursuant to Department Order No. 131-13.
In this regard, kindly make available the following documents from _______________________________ to present:
_____ 1. Roster of the workers (regular, probationary, temporary, casual, piece rate, contractual, etc.) their
designation, date hired, and wage rate;
_____ 2. Payrolls and/or vouchers;
_____ 3. Daily Time Records and/or Time Sheets;
_____ 4. Payslips;
_____ 5. Last Notice of Results;
_____ 6. Proof of payment of 13th month pay/ five (5) days service incentive leave pay;
_____ 7. Proof of payment/remittance of SSS/PHILHEALTH/HDMF contributions;
_____ 8 Registration under Rule 1020 of the Occupational Safety and Health Standards;
_____ 9. Certificate of Accredited Safety Officer/First Aider;
_____ 10. Organization of Safety and Health Committee under Rule 1040 of the Occupational Safety and Health
Standards;
_____ 11. Annual Work Accident/Illness Exposure Data Report/Annual Medical Report;
_____ 12. Drug-Free Workplace Policy and Program (D.O. 53-03)/HIV/AIDS Program/Anti-Sexual Harassment Law;
_____ 13. Apprenticeship Agreements/Learnership Agreements, if any;
_____ 14. List of Resident and Non-resident alien workers, their citizenship, nature of employment and status of stay;
_____ 15. Employment permit for Non-resident alien(s);
_____ 16. Registration of resident alien(s);
_____ 17. Collective Bargaining Agreement, if unionized establishment;
_____ 18. Registration under Department Order 18-A for Job Contractors;
_____ 19. Service Agreement under D.O. 18-A;
_____ 20. Contractor's Bond to answer for wages due to the workers;
_____ 21. Employment Contracts with physicians, dentists, nurses and/or first aiders, or HMOs, if applicable;
_____ 22. Contract or Memorandum of Agreements with infirmary and emergency hospitals, if applicable;
_____ 23. Proof of service charge distribution, if applicable;
_____ 24. Records of leave benefits on sickness, maternity, paternity and solo parent, including those for victims of VAWC and other special concerns;
_____ 25. Company policy and/or practice on voluntary benefits;
____ 26. Securities and Exchange Commission Certificate or Department of Trade and Industry Certificate and Mayors Permit; and
_____ 27. Others ____________________________________________.
Please be informed that REFUSAL/DENIAL OF ACCESS may result to the filing of appropriate criminal action as Article 128(d) of the
Philippine Labor Code, as amended, declared unlawful for any person or entity to obstruct, impede, delay or otherwise render ineffective the Orders
of the Secretary of Labor or his/her duly authorized representative issued pursuance to his/her visitorial and enforcement power.
___________________________________
Labor Law Compliance Officer (LLCO)
AFFIDAVIT
I, RICARDO MASINOP, 30 years of age, single/married and residing at #143 Lovers Lane, Mandaluyong City, after
having been sworn in accordance with law, depose and say:
4) I work as ____________________________________ and my work schedule is from 7 a.m. to 4 p.m., daily from Monday to
Saturday; no shifting or rotation of work schedule.
9) My daily salary rate/monthly salary/rate per piece is: ______________ with COLA of _____________
10) I receive my salary every: Every 10th and 25th of the month
11) I am / I am not given a copy of my pay slip and I receive/ I do not receive the net pay shown in the pay slip.
12) I received / I do not receive the net pay shown in the pay slip.
13) I am regularly given a meal break of ______ hours from __________ to ______________.
14) I work / I do not work / I sometimes work from 10:00 p.m. to 6:00 a.m. and I am / I am not paid the 10% night shift
differential pay.
15) I render / I do not render _________ hours of overtime work (work rendered in excess of 8 hours in a day):
_____ Every day ______ Others: ___________________________________________________________
16) I am paid / I am not paid for every hour of overtime work rendered on:
20) The Employer / Company provides / do not provide meal & snacks / lodging facilities and deduct _________ amount from
my wage/ salary with / without written authority from me authorizing the deduction.
24) There is / There is no labor union in the Company and I am / I am not a member of the union.
25) There is / There is no existing Collective Bargaining Agreement between the Union and Company.
I hereby declare that the above were voluntarily given, true and correct to the best of my knowledge and belief.
IN WITNESS HEREOF, I have hereunto affixed my signature this _______ day of __________, 20___ at ___________________.
______________________________
EMPLOYEE/ AFFIANT
(Signature & Printed Name)
SIGNED IN THE PRESENCE OF:
______________________________ ______________________________
SUBSCRIBED AND SWORN to before me this _____ day of _________________ , 20 _____ at ________________________.
________________________________________
Administering Officer
REPUBLIKA NG PILIPINAS)
_____________________)S.S.
SINUMPAANG SALAYSAY
Ako si, ___________________________________, _____ taong gulang, binata / dalaga / may asawa / biyudo / biyuda, at
kasalukuyang naninirahan sa ________________________________________________________, pagkatapos manumpa sang-ayon sa
itinadhana ng batas ay nagsasaad ng mga sumusunod:
3. Ang uri ng negosyo ng kumpanya ay: Nagtitingi / Pakyawan / Serbisyo / Agrikultural / Industriyal / Konstruksyon / at
iba pa: ________________________________________________.
4. Ako ay nagtatrabaho bilang _______________________________ at ang oras ng aking trabaho ay mula _____________ hanggang
________________________________________.
9. Ang aking arawan/buwanan/por pirasong sweldo ay ________________ kasama na ang COLA na nagkakahalaga ng ___________.
12. Ako ay nakatatanggap/hindi nakatatanggap ng kabuuang net pay na nakasaad sa aking pay slip.
13. Ako ay gumugugol ng _______ oras para sa meal break mula _________ hanggang _________.
14. Ako ay nagtatrabaho sa pagitan ng ika-10 ng gabi at ika-6 ng umaga at ako ay binabayaran/hindi binabayaran ng 10%
night shift differential pay.
Madalas Minsan Hindi
16. Ako ay binabayaran/hindi binabayaran ng karagdagang halaga o porsyento sa bawat oras na iginugol ko sa trabaho ng
higit sa walong oras tuwing:
Pangkaraniwang araw: Araw ng pamamahinga:
Piyestang espesyal: Piyestang regular:
20. Ang may-ari/ kumpanya ay nagbibigay/hindi nagbibigay ng pagkain at tirahan na ikinakaltas sa aking sahod ng may/ ng
walang pinirmahang kasulatan sa pagkakaltas. Ang kaltas ay sa halagang _______.
Ako ay nagsasaad na ang aking mga inilahad ay tama sa pinakamahusay na abot ng aking kaalaman at paniniwala at
ang mga ito ay aking ibinigay ng malaya at kusang loob.
_______________________________
Nagsalaysay
______________________________ ________________________________
SINUMPAAN AT NILAGDAAN sa harap ko nitong ika - ______ buwan ng _____________ , 20_____ sa ____________________
__________________________________ Pilipinas.
_______________________________
Administering Officer
ACKNOWLEDGEMENT RECEIPT
Joint Assessment
NAME OF NATURE OF DATE OF DATE OF LAST AUTHORITY NO.
OWNER/PRESIDENT/MANAGER BUSINESS ASSESSMENT ASSESSMENT
I hereby acknowledge that I have seen, read and understand the findings of the assessment conducted as reflected
in the Electronic Assessment checklist,
The result of which are as follows:
Suggestion/s:
Failure of the employer to correct GLS violations or submit Action Plan on OSHS deficiencies within ten (10) days upon receipt
hereof shall cause the issuance of Notice of Results or Compliance Order, as may be applicable.
ACTION PLAN
Provided below are the noted deficiencies: Action to be taken: Period to correct:
*This form will be accomplished and submitted to the Regional Office within ten (10) days from receipt of accomplished
assessment checklist. Ten (10) days thereafter, the employer is required to submit a status report on its compliance with
the Regional Office. This Action Plan will be implemented within the remediation period which will not exceed three (3)
months from its formulation. Failure of the employer to submit an action plan or status report or to fully implement the
Action Plan will cause the issuance of a Compliance Order.
_______________________________________ ______________________________________
Name of employers representative Name of employees representative
___________________________________
Labor Laws Compliance Officer
WORK ALERT
Investigation Form
(Initial Report)
Total No of Workers:
Company Address: (Include all regardless of
Status of employment)
Sources (of Information):
DATE OF INVESTIGATION:
DANGEROUS OCCURRENCES:
Investigated By:
DESCRIPTION OF ACCIDENT/DANGEROUS OCCURRENCES:
Noted By:
THE
ACCIDENT 18. Activities performed before accident
Was this part of regular job? If not, why?
19. No. of similar accidents in the past 2 years
20. No. of injuries in the past 12 months
Total Non-Disabling Disabling Fatal
Date
R.A. 4566 An Act Creating the Philippine Licensing Board for Contractors, Prescribing Its
Powers, Duties and Functions, Providing Funds Therefor, and For Other Purposes.
R.A. 8504 Philippine AIDS Prevention and Control Act of 1998
R.A. 9504 An Act Amending Section 22, 24, 34, 35, 51, and 79 of Republic Act No. 8424, As
Amended otherwise known as the National Internal Revenue of 1997
R.A. 8188 An Act Increasing the Penalty and Imposing Double Indemnity for Violation of the
Prescribed Increases or Adjustments in the Wage Rates. Amending for the Purpose Section
Twelve of Republic Act Numbered Sixty-Seven Hundred Twenty-Seven otherwise known as the
Wage Rationalization Act
R.A. 8558 An Act Amending Article 287 of P.D. 442, As Amended, Otherwise Known as The
Labor Code of the Philippines, by Reducing the Retirement Age of Underground Mine Workers
from Sixty (60) to Fifty (50)
Rebecca C. Chato
Undersecretary
Catherine Legados-Parado
Director IV - BWC
Judaline Alde-Campo
Attorney V - BWC
Abigail M. Gonzales-Daradal
Attorney IV - BWC
Jaclyn C. Vicente
Attorney III - BWC
Jeanette B. Guevarra
Technical Staff
This Manual, or any part thereof, may not be reproduced for commercial purposes without the
written permission of the Bureau of Working Conditions, Department of Labor and
Employment.