Professional Documents
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REGIONAL OFFICES
Pursuant to the provisions of Article 5 of the Presidential Decree No. 442, otherwise
known as the Labor Code of the Philippines, as amended, the following rules are
hereby promulgated to govern the enforcement of labor standards provisions in the
Regional Offices.
RULE I
TITLE CONSTRUCTION AND DEFINITION
Section 1. Title of the Rules. These rules shall be known as the "Rules on the
Disposition of Labor Standards Cases in the Regional Offices."
Section 2. Enforcement authority. The statutory basis of the authority of the
Regional Offices to administer and enforce labor standards is found in Article 128 (b)
of the Labor Code, as amended, which provides that:
The provisions of Article 217 of this Code to the contrary notwithstanding and in
cases where the relationship of employer-employee still exists, the Secretary of
Labor and Employment or his duly authorized representatives shall have the power
to order and administer, after due notice and hearing, compliance with the labor
standards provisions of this Code and other labor legislations based on the findings
of labor regulations officers or industrial safety engineers made in the course of
inspection, and to issue writs of execution to the appropriate authority for the
enforcement of their orders, except in cases where the employer contests the
findings of the labor regulations officer and raises issues which cannot be resolved
without considering evidentiary matters that are not verifiable in the normal course
of inspection.
Section 3. Authorized representatives of the Secretary of Labor and
Employment. The Regional Directors shall be the duly authorized representatives
of the Secretary of Labor and Employment in the administration and enforcement of
labor standards within their respective territorial jurisdictions.
Section 4. Visitorial Power. The Regional Director or their authorized
representatives, shall have access to employers records and premises at any time
of the day or night whenever work is being undertaken therein, and the right to
copy there from, to question any employee and investigate any fact, condition or
matter which may be necessary to determine violations or may aid in the
enforcement of the Labor Code and of any labor law, wage order or rules and
regulations issued pursuant thereto.
Section 5. Construction. In order to carry out the objectives of the Constitution
and the Labor Code and to aid the parties in arriving at a fair, just, expeditious and
economical settlement of labor disputes, these Rules shall liberally construed.
RULE III
ENDORSEMENT OF CASES TO THE NATIONAL LABOR RELATIONS
COMMISSION (NLRC)
Section 1. Contested cases.
(a) In cases where the employer contests the findings of the Labor Standards and
Welfare Officers and the issues cannot be resolved without considering
evidentiary matters that are not verifiable in the normal course of inspection,
the Regional Director shall endorse such case to the appropriate Arbitration
Branch of the National Labor Relations Commission;
(b) The employer shall raise such objections during the hearing of the case or at
any time after receipt of the notice of inspection results. The issue of whether
or not the case shall be endorsed to the NLRC shall be resolved by the Regional
Director in the final disposition of the case.
Section 2. Labor Standards and Welfare Officers (LSWOs). As witnesses in
the cases that have been endorsed to the NLRC, the LSWOs who participated in the
investigation shall make themselves available as witnesses in the proceedings
before the Labor Arbiters concerned.
RULE IV
APPEALS
Section 1. Appeal. The order of the Regional Director shall be final and
executory unless appealed to the Secretary of Labor and Employment within ten
(10) calendar days from receipt thereof.
Section 2. Grounds for appeal. The aggrieved party may appeal to the
Secretary the Order of the Regional Director on any of the following grounds:
(a) there is a prima facie evidence of abuse of discretion on the part of the Regional
Director;
(b) the Order was secured through fraud, coercion or graft and corruption;
(c) the appeal is made purely on questions of law; and
(d) serious errors in the findings of facts were committed which, if not corrected,
would cause grave irreparable damage or injury to the appellant.
Section 3.
copies with
succeeding
other office
Where to file. The appeal shall be filed in five (5) legibly typewritten
the Regional Office which issued the Order. Subject to the immediately
section, the appeal shall not be deemed perfected if it is filed with any
or entity.
of Court or the Sheriffs Manual and may avail of such other means as may be
necessary in the execution thereof.
Section 5. Finality of decisions of the Secretary of Labor and Employment.
- The decisions, orders or resolutions of the Secretary of Labor and Employment
shall become final and executory after ten (10) calendar days from receipt thereof.
Within three (3) calendar days from receipts of the records of the case, the Regional
Director shall issue a writ of execution to enforce the order or decision of the
Secretary.
The filing of petition for certiorari before the Supreme Court shall not stay the
execution of the order or decision unless the aggrieved party secures a temporary
restraining order from the court within fifteen (15) calendar days from the date of
finality of the order or decision or posts a supersede as bond in an amount which is
adequate to protect the interests of the prevailing party subject to the approval of
the Secretary.
RULE VI
HEALTH AND SAFETY CASES
Section 1. Inspection report. -In occupational safety and health inspection, the
LSWO shall immediately or within twenty-four (24) hours after the
inspection/investigation submit his report to the Regional Director thru the LSED
Chief specifying the violations discovered and his recommendations, except when
the submission of a report within the period cannot be made for reasons beyond the
control of the LSWO.
Section 2. Correction in imminent danger cases. - Where the employer is
willing to make the necessary rectification, the same may be effected at the plantlevel within twenty-four (24) hours in cases where the conditions obtaining in the
workplace pose grave and imminent danger to the lives and health of the workers
and/or property of the employer, e.g., boiler tube leakage; defective safety valves;
pressure gauges and water column; weak machinery foundations; and other
analogous circumstances.
Section 3. Non-imminent danger cases. - Where the conditions is not of the
types falling under Section 2 of this Rule, e.g., poor ventilation, housekeeping,
inadequate personnel protective equipment and other analogous circumstances. the
LSWO shall determine reasonable periods of compliance depending on the gravity
of the hazards needing corrections or the period needed to come into compliance
safety and health standards.
Section 4. Work Stoppage. (a) The LSWO shall include in his report recommendation for the issuance of an
Order of stoppage of work or suspension of operation of any unit or department or
the establishment if there is exist in the workplace a condition that poses grave and
imminent danger to the health and safety of the workers which cannot be corrected.
Even before he submits his recommendation to the Regional Director, the LSWO
shall notify and confer with the employer regarding the results of the inspection and
recommend the institution of remedial measures;
(b) The Regional Director may, upon the recommendation of the LSWO and the
LSED Chief, immediately issue the appropriate Order of stoppage or suspension of
operation together with the notice of hearing.
Section 5. Hearing. -Immediately or within twenty-four (24) hours from the
issuance of the Order of stoppage of operation or suspension, a hearing shall be
conducted with the assistance of the LSWO concerned to determine whether the
Order for the stoppage of work or suspension shall be lifted or not. The proceedings
shall be terminated within seventy-two (72) hours and copy of such Order or
resolution shall be immediately furnished the Secretary of Labor and Employment.
In case the violation is attributable to the fault of the employer, the latter shall pay
his workers all the monetary benefits to which they are entitled during the period of
such stoppage or suspension of work.
Section 6. Review by the Secretary. (a) The Secretary at his own initiative or upon the request of the employer and/or
employee, may review the order of the Regional Director which shall be immediately
final and executory unless stayed by the Secretary upon posting by the employer of
a reasonable cash or performance bond as fixed by the Regional Director;
(b) In aid of his review power, the Secretary may direct the Bureau of Working
Conditions to evaluate the findings or order of the Regional Director. The Order of
the Secretary shall be final and executory.
Section 7. Other measures to secure compliance. - The Regional Director, in
addition to measures available to him to secure compliance with labor standards,
particularly those involving technical safety and general occupational safety
standards, may furnish a copy of the inspection findings to the insurance company
of the employer, the power company, the municipal authorities which issue
business licenses/permits, the labor union in the enterprise concerned, and to other
government offices to further persuade voluntarily compliance with existing labor
standards.
RULES VII
GENERAL PROVISIONS
Section 1. Final compliance order. - Where a compliance order issued by a
Regional Director on a case has become final, no entity or official of the Department
shall entertain or re-open such case for the purpose of re-litigating the same case.
Section 2. Repeal of prior inconsistent issuances. - The provisions of existing
rules, regulations, policy instructions, and other issuances which are inconsistent
with these Rules are hereby repealed or amended accordingly.
Section 3. Effectivity. - These Rules shall take effect fifteen (15) days after
announcement of their adoption in newspapers of general circulation.
16 September 1987.
(Sgd.) FRANKLIN M. DRILON
Secretary