Page 1 D.O. 131-13 Rules on Labor Laws Compliance System DEPARTMENT OF LABOR AND EMPLOYMENT
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Page 1
D.O. 131-13 Rules on Labor Laws
Compliance System
DEPARTMENT OF LABOR AND EMPLOYMENT
Page 2
Background
Labor Laws
Compliance System
(LLCS) is a mix of
developmental and
regulatory approaches
that gives benefit to
SMEs, and address
existing rigidities on
labor laws compliance
while ensuring decent
and productive work.
This developmental
track is adopted to
address labor laws
violations caused by
lack of information
on labor laws, rules
and regulations, and
issuances.
Source: Official Gazette, 19 July 2013.
D.O. 131-13
Page 3
D.O. 131-13
was signed on
19 July 2013
D.O. 131-13
Page 4
MODES OF
IMPLEMENTATION
Joint
Assessment
Compliance
Visit
Occupational
Safety &
Health
Standards
Investigation
Imminent Danger/
Accident w/no
death or injury
Accident with
death or injury
OSHS violations
committed in
plain view
D.O. 131-13
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JOINT ASSESSMENT OR ASSESSMENT
a process of evaluating compliance with
Labor Laws and other social legislations
undertaken by the LLCO with the
representatives of the employer and the
employees
using the prescribed assessment checklist.
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Armed with a specific authority from the RD, the LLCO shall request entry to
establishment
Creation of tripartite committee
Conduct of Assessment
Issuance of Assessment Checklist to employer
Offer of DOLE tool box of programs
and services
Correction of deficiencies (period
of correction / remediation period )
Issuance of notice of results
COC issued upon compliance
JOINT
ASSESSMENT
PROCESS
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shall apply in case there is SEnA referral; or
complaint is filed against establishment with
issued COC.
Reminder: ALL complaints
filed before the DOLE
Regional Offices shall
undergo the 30-day
mandatory SEnA
(conciliation) procedure.
COMPLIANCE VISIT
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COC MC 30
days
Assignment
Visit
Notice of
Results
Period of
Correction
NA
VISIT
CO
CA
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Shall cover the following:
1. Existence of imminent danger (PPEs)
2. Dangerous occurrences
3. Accident resulting to death and injury
(disabling injury)
4. OSHS violations in plainview
Presumption of imminent danger
OSHS INVESTIGATION
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Reporting of Accident by the Safety
and Health Officer MUST BE:
on or before the 20th day of every
month; or
within 24 hours from occurrence of
work accidents resulting to
disabling injury or death.
INVESTIGATION
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Assignment
Investigation
Notice of Results
MC (72 hrs.)
WSO
WSO Lifted
Assignment
WSO
Investigation
MC (72 hrs.)
Notice of Results
WSO Lifted
IMM
INE
NT
D
AN
GE
R
DIS
AB
LIN
G I
NJ
UR
Y
CA CA
OSHS INVESTIGATION
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Effect of
WSO
Employer’s
fault?
Pay all forgone wages
/benefits of employees
covered by the WSO.
Penalty amounting to
25 % of the amount
being claimed by the
disabled worker from
ECC under the SIF
(Art. 200 of the LC)
*State Insurance Fund
WSO IN INVESTIGATION
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• can be exercised by any LLCO that has general authority from the Secretary
Step 1:
Apparent OSHS violations
• limited to initial evaluation and reporting of
• PATENT safety and health standards violations
Step 2:
Conduct of Investigation
• another LLCO shall to continue to conduct a more thorough investigation
Step 3:
Report to RD with jurisdiction
INVESTIGATION IN PLAINVIEW
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FIRST
HEARING
Assessment:
10 days from receipt
of NR
Visit:
after the lapse of
period of correction
DURATION
OF
HEARING
Assessment/Visit
Within 30 days from
the date of first
hearing
MANDATORY CONFERENCE
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Postponement of Mandatory Conference
Only on meritorious grounds Only 2 postponements allowed
1st POSTPONEMENT 2nd POSTPONEMENT 3rd POSTPONEMENT
MANDATORY CONFERENCE
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Written
Voluntary
Adequate and reasonable
consideration
With full understanding
Executed before the
RD or his/her duly
authorized
representative
COMPROMISE AGREEMENT
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RD shall issue CO
within ten (10) days
from termination of
MC.
RD shall issue
Notice of Finality
if no appeal is
perfected.
COMPLIANCE ORDER
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No bond required if
the aggrieved party
is the worker.
TO FILE AN APPEAL :
Within 10 days from the
receipt of the Compliance
Order
File a bond (Cash/Surety)
equivalent to the
judgment award – until
final determination of the
case.
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✔ within ten (10) days from
issuance of Notice of Finality; or
✔ after receipt of Entry of
Judgment;
✔ motu proprio or upon motion of
any interested party.
✔ RD or his representative: within
two (2) days from the issuance
of writ of execution or from
receipt of the motion for
issuance of writ.
WRIT OF
EXECUTION
PRE-EXECUTION
CONFERENCE
EXECUTION
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END OF PRESENTATION
THANK YOU!
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