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Faq On Er-Ee by Bu of Working Conditions
Faq On Er-Ee by Bu of Working Conditions
There is a rest day of not less than 24 consecutive hours or 1 day for every 6 days of
work which should be scheduled by the employer upon consultation with the
employees.
Meal period is not less than 60 minutes or 1 hour time-off for regular meals of
employees which is non-compensable. Rest periods or coffee breaks running from 5 to
20 minutes shall be considered compensable working time.
Holiday pay refers to payment of the regular daily wage for any unworked regular
holiday.For the list of regular holidays, log in at dole.gov.ph/pages/view/9
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An employee can be entitled to two (2) successive regular holidays, like Holy
Thursday and Good Friday if he/she works or is on leave of absence with pay on the
day immediately preceding the first holiday.
For any unworked regular holiday, 100% of the employee’s daily wage rate (Basic
pay + COLA).
For work performed on a regular holiday, plus 100% or a total of 200% of the
employee’s daily wage rate (Basic pay + COLA).
Premium pay refers to the additional payment for work within 8 hours on rest days
or special days. For list of special days, log in at dole.gov.ph/pages/view/9
Plus 30% of the daily basic rate or a total of 130% for work performed on rest day
or special day.
Plus 50% of the daily basic rate or a total of 150% for work performed on special
day falling on the employee’s rest day.
Plus 30% of the daily basic rate or a total of 260% for work performed on a regular
holiday falling on the employee’s rest day.
Overtime pay refers to the additional pay for work performed in excess of 8 hours a
day.
Plus 25% of the hourly rate for work performed in excess of 8 hours on ordinary
day.
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Plus 30% of the hourly rate for work performed in excess of 8 hours on rest day,
special day or regular holiday.
Night shift differential refers to the additional compensation for work performed
from 10:00 O’clock in the evening to 6:00 O’clock in the morning.
Plus 10% of the hourly rate for work between 10:00 O’clock in the evening and
6:00 O’clock in the morning.
a. 5 days service incentive leave with pay for employee who has rendered at
least 1 year of service. (Article 95 of the Labor Code, as amended)
b. Maternity Leave with pay of 60 days for normal delivery and 78 days for
caesarian section delivery for every pregnant employee in the private sector, whether
married or unmarried. A female employee should be an SSS member and must have
paid at least 3 monthly contributions within the 12-month period. (RA 1161, as
amended by RA 8282)
c. 7 days Paternity Leave with pay for all married male employees in the private
sector regardless of status of employment, to allow the husband to lend support to his
wife during her period of recovery and/or in nursing her newborn child, provided he is:
(RA 8187)
1. An employee at the time of the delivery of his child;
2. Cohabiting with his spouse at the time that she gives birth or suffers a
miscarriage;
3. Applied for paternity leave with his employer within a reasonable period of
time; and
4. His wife has given birth or suffered a miscarriage.
d. 7 days Solo Parent Leave with pay is granted to a solo parent to enable him/her
to perform parental duties and responsibilities where physical presence is required
provided he/she has: (RA 8972)
1. Rendered at least 1 year of service, whether continuous or broken which
includes authorized absences and paid regular holidays;
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2. Notified his/her employer that he/she will avail himself/herself of it, within a
reasonable period of time; and
3. Presented Solo Parent Identification Card, which may be obtained from the
DSWD office of the city or municipality where he/she resides.
e. 10 days Leave with pay for Victims of Violence Against Women and their
Children (VAWC) is granted to women employees who are victims of physical, sexual,
psychological harm or suffering, or economic abuse. The leave benefit shall cover the
days that the woman employee has to attend to medical and legal concerns, provided
that: (RA 9262)
The victim woman employee presents to her employer a certification
from the barangay chairman (Punong Barangay) or barangay kagawad or prosecutor
or the Clerk of Court that an action relative to the matter is pending.
f. Special Leave for Women of maximum 2 months with full pay who have
Service charges refer to the amount collected by hotels, restaurants and similar
establishments.
It shall be distributed once every 2 weeks or twice a month at intervals not
exceeding 16 days.
All rank and file employees are entitled to receive 13 th month pay regardless of the
nature of their employment and irrespective of the methods by which their wages are
paid, provided they worked for at least one (1) month during a calendar year.
The amount of 13th month pay shall at least be 1/12 of the total basic salary earned
for the year which shall n include all earnings paid by his/her employer for services
rendered but does not include allowances and other monetary benefits such as the
cash equivalent of unused vacation and sick leave credits, overtime, premium, night
shift differential, holiday pay and COLA.
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23. WHEN SHOULD THE 13TH MONTH PAY BE GIVEN?
It should be given to the employees not later than December 24 of every year.
It is the amount given an employee who has reached the age of 60 years for
optional retirement and 65 years old for compulsory and who has served the company
for at least 5 years in the service.
Minimum retirement pay = 22.5 days x daily rate x number of years of service
Written by Bureau of Working Conditions
Category: FAQs
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• Equal Work Opportunities for All
The State shall protect labor, promote full employment, provide equal work
opportunity regardless of gender, race, or creed; and regulate employee-employer
relations.
Male and female employees are entitled to equal compensation for work of equal
value and to equal access to promotion and training opportunities. Discrimination
against female employees is unlawful. It is also unlawful for an employer to require a
condition of employment that a woman employee shall not get married, or to stipulate
expressly or tacitly that a woman employee shall be deemed dismissed upon marriage.
The minimum age of employment is 18 years for hazardous jobs, and 15 years for
non-hazardous jobs. But a child below 15 may be employed by parents or guardians in
a non-hazardous job if the employment does not interfere with the child's schooling.
• Security of Tenure
Every employee shall be assured security of tenure. No employee can be dismissed
from work except for a just or authorized cause, and only after due process.
Just Cause refers to any wrongdoing committed by an employee including:
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1. serious misconduct
2. willful disobedience of employers' lawful orders connected with work
3. gross and habitual neglect of duty
4. fraud or willful breach of trust
5. commission of crime or offense against the employer, employer's family
member/s or representative
6. other analogous cases
Authorized Cause refers to an economic circumstance not due to the employee's
fault, including:
1. the introduction of labor-saving devices
2. redundancy
3. retrenchment to prevent losses
4. closure or cessation of business
Due Process in cases of just cause involves:
1. notice to employee of intent to dismiss and grounds for dismissal
2. opportunity for employee to explain his or her side
3. notice of decision to dismiss
In authorized causes, due process means written notice of dismissal to the
employee specifying the grounds, at least 30 days before the date of termination.
The inability of a probationary employee to meet the employer's prescribed
standards of performance made known to him or her at the time of hiring is also a just
cause for dismissal.
Work Day refers to any day during which an employee is regularly required to work.
Hours of Work refer to all the time an employee renders actual work, or is required to be
on duty or to be at a prescribed workplace. The normal hours of work in a day is 8
hours. This includes breaks or rest period of less than one hour, but excludes meal
periods, which shall not be less than one hour.
An employee must be paid his or her wages for all hours worked. If all or any part of
his or her regular work hours falls between 10:00 p.m. to 6:00 a.m., a covered employee
shall be entitled to a night shift pay in addition to his or her pay for regular work hours.
If he or she works for more than 8 hours in one day, he or she shall be entitled to
overtime pay.
A day-off of 24 consecutive hours after 6 days of work should be scheduled by the
employer upon consultation with the workers.
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• Wage and Wage-Related Benefits
Wage is the amount paid to an employee in exchange for a task, piece of work, or
service rendered to an employer. This includes overtime, night differential, rest day,
holiday and 13th month pay. It also includes the fair and reasonable value of board,
lodging and other facilities customarily furnished by the employer.
Wage may be fixed for a given period, as when it is computed hourly, daily or
monthly. It may also be fixed for a specified task or result. If wage is for a fixed period,
the minimum wage for a regular 8-hour workday shall not be lower than the minimum
daily wage applicable to the place of work as determined by the Regional Tripartite
Wage and Productivity Board having jurisdiction over workplace.
If wage is paid by result, the worker shall receive at least the prescribed minimum
wage for 8 hours of work. The amount may be increased or reduced proportionately if
work is rendered for more or less than 8 hours a day.
An employer cannot make any deduction from an employee's wage except for
insurance premiums with the consent of the employee, for union dues, or for withholding
taxes, SSS premiums and other deductions expressly authorized by law.
• Payment of Wages
Wages shall be paid in cash, legal tender at or near the place of work. Payment may
be made through a bank upon written petition of majority of the workers in
establishments with 25 or more employees and within one (1) kilometer radius to a
bank. Payment shall be made directly to the employees.
Wages shall be given not less than once every two (2) weeks or twice within a
month at intervals not exceeding 16 days.
• Employment of Women
Welfare facilities must be installed at the workplace such as seats, separate toilet
rooms, lavatories, and dressing rooms.
Prohibition against discrimination with respect to pay (i.e. equal pay for work of
equal value), promotion, training opportunities, study and scholarship grants.
• Employment of Children
Minimum employable age is 15 years. A worker below 15 years of age should be
directly under the sole responsibility of parents or guardians; work does not interfere
with child's schooling/normal development.
No person below 18 years of age can be employed in a hazardous or deleterious
undertaking.
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• Safe Working Conditions
Employers must provide workers with every kind of on-the-job protection against
injury, sickness or death through safe and healthful working conditions.
Jobs may be hazardous or highly hazardous. Hazardous jobs are those which
expose the employee to dangerous environment elements, including contaminants,
radiation, fire, poisonous substances, biological agents and explosives, or dangerous
processes or equipment including construction, mining, quarrying, blasting, stevedoring,
mechanized farming and operating heavy equipment. If you need further information on
the provisions of the OSH Standards, please click here (OSH Standards) and LCP,
Book IV
The right to self-organization is the right of every worker, free of any interference
from the employer or from government, to form or join any legitimate worker's
organization, association or union of his or her own choice. Except those classified as
managerial or confidential employees, all employees may form or join unions for
purposes of collective bargaining and other legitimate concerted activities. An employee
is eligible for membership in an appropriate union on the first day of his or her
employment.
Collective Bargaining involves two parties:
1. the representative of the employer
2. a union duly authorized by the majority of the employees within a bargaining unit
called exclusive bargaining agent.
It is a process where the parties agree:
1. to fix and administer terms and conditions of employment which must not
be below the minimum standards fixed by law
2. to set a mechanism for resolving their grievances
The result of collective bargaining is a contract called collective bargaining
agreement (CBA). A CBA generally has a term of five years. The provisions of a CBA
may be classified as political or economic. Political provisions refer to those which
define the coverage of the CBA and recognize the collective bargaining agent as the
exclusive representative of the employees for the term of the CBA. Economic provisions
refer to all terms and conditions of employment with a monetary value. Economic
provisions have a term of five years but may be renegotiated before the end of the third
year of effectivity for the CBA.
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● Medical benefits for sickness/injuries
● Disability benefits
● Rehabilitation benefits
● Death and funeral benefits
● Pension benefits
* If you have questions regarding the subjects presented herein, please click here.
(ECC Website)
Safety refers to the physical or environmental conditions of work which comply with
prescribed Occupational Safety and Health (OSH) Standards and which allow the
workers to perform the job without or within acceptable exposure limit to hazards.
Occupational safety also refers to practices related to production and work process.
Health means a sound state of the body and mind of the workers that enables the
worker or employee to perform the job normally.
OSH Standards are mandatory rules and standards set and enforced to eliminate or
reduce occupational safety and health hazards in the workplace.
OSH Standards aim to provide at least the minimum acceptable degree of protection
that must be afforded to every worker in relation to the working conditions and dangers
of injury, sickness or death that may arise by reason of the worker's occupation. The
provision of OSH Standards by the State is an exercise of police power, with the
intention of promoting the welfare and well-being of the workers.
All establishments, workplaces and other undertakings are covered, including
agricultural enterprises whether operating for profit or not, except:
It means that the worker shall be assured of effective protection against the danger
of injury, sickness or death through safe and healthful working conditions.
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The OSH Standards provide that every company shall keep and maintain its
workplace free from work hazards that are likely to cause physical harm to the workers
or damage to property. Thus, the worker is entitled to be provided by the employer with:
● Appropriate seats, lighting and ventilation;
● Adequate passageways, exits and fire fighting equipment;
● Separate facilities for men and women;
● Appropriate safety devices like protective gears, masks, helmets, safety boots,
coats or first-aid kits;
● Medicines, medical supplies or first-aid kits;
● Free medical and dental services and facilities.
Employers must provide their employees with the following instruments and/or
working stations:
● Building premises shall have adequate fire, emergency or danger signs and
safety instructions of standard colors and sizes visible at all times;
● Other visible signs that may be needed to direct the driver of motorized vehicle
such as STOP, YIELD, and DO NOT ENTER, properly positioned within the
compound of the establishment shall be used to increase safety especially during
the night;
● Handicapped employees shall be restricted only to designated workplaces. As far
as practicable and feasible they shall be provided with facilities for safe and
convenient movement within the establishment;
● Good housekeeping shall be maintained at all times through cleanliness of
building, yards, machines, equipment, regular waste disposal, and orderly
arrangement of process operations, storage and filing materials;
● Adequate dressing rooms, locker rooms, comfort rooms and lavatories separate
for male and female workers shall be provided.
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The Secretary of Labor and Employment, through the Regional Director or his
other authorized representative, enforces the OSH Standards in the exercise of
visitorial and enforcement powers.
Enforcement power refers to the authority of the Secretary or the Regional Director
to order an erring employer, after due notice and hearing, to comply with labor
standards and issue a writ of execution in case of non-compliance. If the violation poses
grave and imminent danger to the health and safety of workers, suspension or
cessation of the operations may be effected within 24 hours from the issuance of the
order.
These standards are enforced through the inspectorate system. Thus, every
employer shall provide to the Secretary or to his/her duly authorized representative
access to its premises or records at any time of the day or night whenever there is work
to determine and effect compliance.
The said worker or workers’ representative shall request the RO for an inspection of
their area by giving full particulars or details regarding such violation or danger.
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• What is considered hazardous workplace?
A workplace is deemed hazardous if:
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• What are the types and composition of a Safety and Health Committee?
The types and composition of the Safety and Health Committee shall be organized
according to the number of employees or workers in a workplace. To view RULE 1040,
please click here
• What are the duties of the Safety and Health Committee?
Safety and Health Committee shall:
● Plan and develop accident prevention programs in the workplace;
● Inspect workplace to detect unsafe conditions;
● Review reports of inspection, results of accident investigations and
implementation of accident prevention program;
● Conduct safety meetings at least once a month;
● Submit reports to the manager/owner on its meetings and activities;
● Provide necessary assistance to government inspecting authorities in the proper
conduct of activities relating to enforcement of the provisions of the Standards;
● Train workers in safe work habits and procedures;
● Develop and maintain a disaster contingency plan and organize such emergency
service units as may be necessary to handle disaster situations pursuant to the
Emergency Preparedness Manual for Establishments of the Office of Civil
Defense
Written by Bureau of Working Conditions
Category: FAQs
Hits: 248751
click!
What is “13th month pay”?
It is a mandatory benefit provided to employees pursuant to Presidential Decree No.
851 which requires employers to grant 13th month pay to all its rank and file employees.
What is “bonus”?
Bonus is an amount granted to an employee in excess of what the law requires as a
reward or incentive for achieving a goal and/or contributing to the success of the
employer’s business. Unlike 13th month pay, a bonus is given out of the employer’s
generosity and is not a demandable and enforceable obligation, unless when it has
been made part of the wage or made the subject of an express agreement.
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May - P10,000.00
June - on maternity leave
July - on maternity leave
August - P10,000.00
September - P10,000.00
October - P10,000.00
November - P10,000.00
December - P10,000.00
P100,000.00
P8,333.33 is the proportionate 13th month pay of a female employee who was on
maternity leave from June 1 to July 31, 2013.
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has starting working during the calendar year or (b) the time the last 13th month pay was
given, up to the time of his/her resignation or separation/termination from the service.
Thus, if he/she worked only from January to September, his/her 13th month pay shall be
equal to 1/12 of his total basic salary earned during that period
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If employer-employee relationship still exists, any aggrieved employee may file a
complaint, regardless of the amount of monetary claims, before the DOLE regional
office, or its provincial field offices, which has territorial jurisdiction over the workplace.
On the other hand, if employer-employee no longer exists, either:
1. before the DOLE regional office, provided, that the claim involves recovery of
wages and other monetary claims and benefits, including legal interest, provided further,
the following requisites are present: a) the claim is presented by an employee, or a
person employed in domestic or household service, or house helper; b) the claim arise
from employer-employee relations; c) the claimant does not seek reinstatement; and d)
the aggregate money claim of each claimant does not exceed P5,000.00; or
2. before the Regional Arbitration Branch of the National Labor Relations
Commission, in the absence of any of the above enumerated requisites pursuant to
Article 217 of the Labor Code, except claims for employees’ compensation, social
security, medicare and maternity benefits.
What happens after the filing of a complaint before the DOLE regional office?
All such complaints for violation of labor standards law, rules and regulations,
including safety and health, shall immediately be forwarded to the Regional Director
who shall refer the case to the appropriate unit in the Regional Office for assignment to
a Labor and Employment Officer (LEO) for field inspection (Section 2, Rule II of the
Rules on the Disposition of Labor Standards Cases in the Regional Offices).
What is a Notice of Inspection Results?
A "Notice of Inspection Results" refers to the inspection form duly accomplished
and issued by the labor and employment officers or industrial safety engineers to the
employer/s or any representative/s and the employee/s or any representative/s after the
completion of the inspection. The notice shall specify the violations discovered, if any,
together with the officers recommendation and computation of the unpaid benefits due
each worker with notifications that said notice shall be posted conspicuously in the
premises of the workplace, and removal thereof by the employer or by any of the
workers shall be penalized in accordance with Article 288 of the Labor Code, as
amended and that any question on the noted findings shall be submitted to the regional
office concerned within five (5) working days from receipt thereof, otherwise an order of
compliance shall be issued.
When can plant-level restitution be effected?
Where the employer has agreed to make the necessary restitutions of violations
discovered in the course of inspection, such restitutions may be effected at the plant-
level within five (5) calendar days from receipt of the inspection results by the employer
or his authorized representative.
Plant-level restitutions may be effected for money claims not exceeding Fifty
Thousand Pesos (P50,000.00). A report of the restitutions shall be immediately
submitted to the Regional Director for verification and confirmation. In case the Regional
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Director finds that the restitutions effected at the plant-level are not in order, he may
direct the TSSD Chief to check the correctness of the restitution report.
Restitutions in excess of the aforementioned amount shall be effected at the
Regional Office or at the worksite subject to the prior approval of the Regional Director.
(Section 7, Rule II of the Rules on the Disposition of Labor Standards Cases in the
Regional Offices)
What is a valid compromise agreement/ release, waiver, or quitclaim?
Should the parties arrive at an agreement as to the whole or part of the dispute,
said agreement shall be reduced in writing and signed by the parties in the presence of
the Regional Director or his duly authorized representative (Section 8, Rule II of the
Rules on the Disposition of Labor Standards Cases in the Regional Offices).
The law looks with disfavor on releases, waivers, and quitclaims by employees
who have been inveigled or pressured into signing them by unscrupulous employers
seeking to evade their legal responsibilities and frustrate just claims of employees.
However, in certain cases, the same is given effect if the employer is able to prove the
following requisites, to wit: (1) the employee executes a deed of quitclaim voluntarily; (2)
there is no fraud or deceit on the part of any of the parties; (3) the consideration of the
quitclaim is credible and reasonable; and (4) the contract is not contrary to law, public
order, public policy, morals or good customs, or prejudicial to a third person with a right
recognized by law.
When should hearing be conducted?
Where no proof of compliance is submitted by the employer after seven (7)
calendar days from receipt of the inspection results, the Regional Director shall summon
the employer and the complainants to a summary investigation. In regular routine
inspection cases, however, such investigation shall be conducted where no complete
field investigation can be made for reasons attributable to the fault of the employer or
his representatives, such as those but not limited to instances when the field inspectors
are denied access to the premises, employment records, or workers of the employer
(Section 11, Rule II of the Rules on the Disposition of Labor Standards Cases in the
Regional Offices).
When should a compliance order be issued?
If the Regional Director finds after hearing that violations have been committed,
he shall issue an Order directing the employer to restitute other corrective measures
within ten (10) calendar days upon receipt of the Order and to submit proof of
compliance. The Order shall specify the amount due each worker and shall include the
computations on which the Order was based (Section 18, Rule II of the Rules on the
Disposition of Labor Standards Cases in the Regional Offices).
How to assail a compliance order issued by the Regional Director?
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The aggrieved party may assail the order of the Regional Director by filing a
motion for reconsideration or an appeal pursuant to the Rules on the Disposition of
Labor Standards Cases in the Regional Offices.
A motion for reconsideration from the Order of the Regional Director is filed
within seven (7) calendar days from receipt of a copy thereof. A motion for
reconsideration filed beyond the seven-day reglementary period shall be treated as an
appeal if filed within the ten-day reglementary period for appeal, but subject to the
requirements for the perfection of an appeal. Further, no second motion for
reconsideration shall be entertained (Section 19, Rule II of the Rules on the Disposition
of Labor Standards Cases in the Regional Offices).
An appeal from the Order/Resolution of the Regional Director shall be filed
within ten (10) calendar days from receipt thereof; otherwise, the same shall be
rendered final and executory.
Where to file an appeal?
The appeal shall be filed in five (5) legibly typewritten copies with the Regional
Office which issued the Order. The appeal shall not be deemed perfected if it is filed
with any other office or entity (Section 3, Rule IV of the Rules on the Disposition of
Labor Standards Cases in the Regional Offices).
What are the requirements for filing an appeal?
The appeal shall be filed within ten (10) calendar days from receipt of a copy of
the assailed order/resolution and subject to the following mandatory requirements:
a) It shall be under oath and accompanied by a memorandum of appeal which shall
state the date appellant received the Order/Resolution, and the grounds relied upon and
the arguments in support thereof (Section 4(a), Rule IV of the Rules on the Disposition
of Labor Standards Cases in the Regional Offices).
b) In case said Order/Resolution involves a monetary award, an appeal by the
employer may be perfected only upon the posting of a cash or surety bond issued by a
reputable bonding company duly accredited by the Secretary of Labor and Employment
in the amount equivalent to the monetary award in the order/resolution appealed from
(Article 128 (b) of the Labor Code of the Philippines, as amended by Republic Act No.
7730). No motion for the reduction of appeal bond is allowed under the Rules.
What is Labor Standards Enforcement Framework (LSEF)?
To remedy severe shortage of labor inspectors and to build a culture of
compliance among employers based on voluntariness instead of compulsion, the
Department of Labor and Employment issued Department Order No. 57-04, also called
the Labor Standards Enforcement Framework (LSEF) which involves three approaches:
1) self-assessment; 2) inspection; and 3) advisory service. Also, under D.O. No. 57-04,
the DOLE may delegate to local government units the conduct of technical safety
inspection required under Article 165 of the Labor Code.
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What is Self-assessment approach?
Self-assessment is a voluntary mode applicable to and encouraged in
establishments with at least 200 workers and is unionized establishments with certified
collective bargaining agreement, regardless of the number of workers. The employers of
these establishments will be provided with a checklist in the first quarter of every year.
Within a month after receipt of such checklist, a committee composed of the employer
and the employee representatives shall accomplish the same which shall be submitted
to the concerned DOLE regional office not later than five (5) days from assessment.
What is a training and inspection approach?
An inspection approach is the conduct of inspection in all workplaces with 10-
199 workers which shall be undertaken by labor inspectors based on the following
inspection priorities:
1. Existence of complaints, imminent danger or imminent occurrence of accidents
and illnesses/injuries;
2. Highly hazardous and hazardous workplaces;
3. Construction sites; and
4. Establishments employing women/child workers.
What is an advisory service approach?
This approach shall be undertaken in workplaces with less than 10 workers and
those registered as barangay micro-business enterprises (BMBEs). The conduct of
training and advisory visits (TAVs) by the DOLE regional offices is designed to assist
small and micro establishments to improve their productivity, thereby facilitating their
eventual compliance with labor standards.
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