PROTECTION OF WORKER’S RIGHTS AND MAINTENANCE OF INDUSTRIAL PEACE ENSURED


Single Entry Approach

Overview/Background

Single Entry Approach is an administrative approach to provide a speedy, impartial, inexpensive and accessible settlement procedure for all issues/complaints arising from employer-employee relations to prevent them from ripening into full blown disputes. Under this approach, all labor and employment disputes shall undergo a 30-day mandatory conciliation-mediation process to effect settlement among the contending parties.

Request for SEnA can be filed at the Single Entry Assistance Desk (SEAD) in the region where the employer principally operates. In case of a union or federation representing a local chapter, the request shall be made at the regional/provincial/ district office where the union or local chapter is registered.

Procedure:

  1. QP-OO2-10: Single Entry Approach (Rev0, January 3, 2018)

Forms:

  1. SEnA Form 1 – Request for Assistance Form
  2. SEnA Form 2 – Notice of Conference
  3. SEnA Form 3 – Minutes
  4. SEnA Form 4 – Settlement Form
  5. SEnA Form 5 – Quitclaim & Release

Legal Bases:

  1. Department Order No. 107-10: Guidelines on the SEnA Prescribing 30-day Mandtory Conciliation-Mediation
  2. Department Order No. 151-16: An Act Strengthening Con-Mediation as a Vol. Mode of Dispute Settlement for all Labor Cases
  3. Rules of Procedure of the SEnA
Issuance of Certificate of Registration of Contractors and Sub-contractors

Overview/Background

It is the policy of DOLE to enforce regulations, restrict or prohibit the contractingout of labor to protect the rights of workers established under the Labor Code, as amended. In doing so, DOLE may make appropriate distinctions between labor-only contracting and job contracting as well as differentiations within these types of contracting and determine who among the parties involved shall be considered the employer for purposes of preventing any violation or circumvention of any provision in the Labor Code, as amended.

There is contracting or subcontracting when an employer, referred to as the principal, farms out the performance of a part of its business to another, referred to as the contractor or subcontractor. For the purpose of undertaking the principal’s business that is farmed out, the contractor or subcontractor then employs its own employees.

Procedure:

  1. QP-OO2-11: Issuance of Certificate of Registration of Contractors and Sub-contractors (Rev0, January 3, 2018)

Forms:

  1. Application Form for Registration of Contractors and Sub-contractors

Legal Bases:

  1. DO 174-17: Rules Implementing Article 106 to 109 of the LCP, as Amended
  2. Uniform Implementation of Department Order No. 174, Series of 2017
  3. Department Circular No. 01 series of 2012: Classifying the Applicability of DO18-A 2011 BPO & KPO and Construction Industry
  4. Labor Advisory 11 series of 2013: Time and Interval of Payment of Wages in Subcontracting/ Job Contracting Arrangement under DO 18-A, series of 2011
Administration and Enforcement of Labor Laws – Routine Inspection

Overview/Background

It is the policy of DOLE to exercise visitorial powers, and conduct routine inspections to assess the compliance of business establishments and their contractors relative to labor standards and other issuances in relation to labor and occupational safety and health standards.

In conducting routine inspections, DOLE is granted considerable discretion, and is authorized to enter business establishments without prior notice. During said inspections, DOLE is likewise authorized to request immediate access to the employer’s records, and to interview any employee on the premises. When deemed appropriate, DOLE may also issue compliance orders to erring employers, and may even order the stoppage of work or the suspension of operations.

Procedure:

  1. QP-OO2-12: Administration and Enforcement of Labor Laws – Routine Inspection (Rev0, January 3, 2018)

Legal Bases:

  1. DO 183-17: (Changes in Section 2, Rule XI ) Revised Rules on the Administration And Enforcement of Labor Laws Pursuant To Article 128 of the Labor Code, as Renumbered
Administration and Enforcement of Labor Laws – Compliant Inspection

Overview/Background

It is the policy of DOLE to exercise visitorial powers, and conduct complaint inspections to assess the veracity of the complaint against the compliance of business establishments and their contractors relative to labor standards and other issuances in relation to labor and occupational safety and health standards.

In conducting complaint inspections, DOLE is granted considerable discretion, and is authorized to enter business establishments without prior notice. During said inspections, DOLE is likewise authorized to investigate the nature of the complaint, request immediate access to the employer’s records and interview any employee on the premises. When deemed appropriate, DOLE may also issue compliance orders to erring employers, and may even order the stoppage of work or the suspension of operations.

Procedure:

  1. QP-OO2-13: Administration and Enforcement of Labor Laws – Compliant Inspection (Rev0, January 3, 2018)

Legal Bases:

  1. Department Order No. 131-B-16: Revised Rules on Labor Laws Compliance System
Administration and Enforcement of Labor Laws – OSHSI

Overview/Background

It is the Policy of DOLE to exercise visitorial powers, and conduct occupational safety and health inspections to assess the compliance of business establishments and their contractors relative to occupational safety and health standards.

In conducting occupational safety and health inspections, DOLE is granted considerable discretion, and is authorized to enter business establishments without prior notice. During said inspections, DOLE is likewise authorized request immediate access to the employer’s records and interview any employee on the premises. When deemed appropriate, DOLE may also issue compliance orders to erring employers, and may even order the stoppage of work or the suspension of operations.

Procedure:

  1. QP-OO2-14: Administration and Enforcement of Labor Laws – OSHSI (Rev0, January 3, 2018)

Legal Bases:

  1. Department Advisory No. 1 series of 2014: Occupational Safety and Health Protection Tips for Kasambahays and Employers
  2. Department Order No. 134-14: Guidelines on Occupational Safety and Health (OSH) in the Pyrotechnic Industry
  3. Department Order No. 132-13: Guidelines on Maritime Occupational Safety and Health
  4. Department Order No. 128-13: Amending Rule 1414 on Scaffoldings of the 1989 Occupational Health and Safety Standards, As Amended
  5. Dept. Circular No.02-08: Amending Certain Provisions of the Occupational Safety and Health Standards
  6. Department Order No. 16-01: Rule 1030 Training and Accreditation of Personnel on Occupational Safety
Administration and Enforcement of Labor Laws – Case Disposition

Overview/Background

It is an administrative approach to provide an impartial, inexpensive and accessible settlement procedure for all issues/complaints arising from the inspections conducted by the Labor Laws Compliance Officers on private establishments.

Under this process, all labor and employment disputes shall undergo mandatory conferences not exceeding 30 days to ensure fair, just and speedy disposition of labor standard cases, ensure continuity and sustainability of compliance on labor laws and standards at the workplace.

Procedure:

  1. QP-OO2-15: Administration and Enforcement of Labor Laws – Case Disposition (Rev0, January 3, 2018)

Legal Bases:

  1. Department Order No. 183 Series of 2017: (Revised Rules on the Administration and Enforcement of Labor Laws Pursuant to Article 128 of the Labor Corde, as Renumbered)
  2. PD 442: Labor Code of the Philippines, as amended
  3. Department Advisory No. 01 Series of 2015: (Renumbering of the Labor Code of the Philippines, as amended)
WODP Scholarship Grant Component

Overview/Background

The Workers Organization Development Program (WODP) serves as a facilitating mechanism of DOLE in strengthening trade unions and other workers’ organizations. It provides educational opportunities to union officers and members, including their dependents, and offers greater productivity, prosperity, and welfare to the employer and workers’ organization.

It also provides financial aid for attaining or completing Masters Degrees, Bachelor’s Degrees, technical and short-term courses, or review courses for professional examinations.

Procedure:

  1. QP-OO2-16: WODP Scholarship Grant Component (Rev0, January 3, 2018)

Forms:

  1. WODP Regular Scholarship Checklist and Application Form No. 1
  2. WODP Regular Scholarship Checklist and Application Form No. 1A

Legal Bases:

  1. BLR ADVISORY NO. 02-14: Call for Submission of Application for Labor Org through OURS
  2. BLR ADVISORY NO. 01-14: Call for Application on WODP Training and Scholarship Grant
  3. COA Circular No. 2012-001: Prescribing the Revised Guidelines and Documentary Requirements for Common Government Transactions (20% Equity)
  4. Department Order No. 20-02, s.2002: Supplemental Guidelines for Access to WODP Funds
  5. Memorandum Circular No. 01, s. 2002: Amendments on Allowable Amounts for WODP Regular Scholarship
  6. Department Order No. 05, s.1998 Amendment of DO 26 Guidelines for Access to WODP Funds
  7. Department Order No. 26, s.1995: Integrated Guidelines for Access to WODP Funds

Records:

  1. 2015 WODP Scholarship Grant Beneficiaries

Reports:

  1. 2019 WODP Scholarship Grant Component Reports
WODP Training Grant Component

Overview/Background

The Workers Organization Development Program (WODP) serves as a facilitating mechanism of DOLE in strengthening trade unions and other workers’ organizations. It provides educational opportunities to union officers and members, including their dependents, and offers greater productivity, prosperity, and welfare to the employer and workers’ organization.

Workers’ Capability Development is one component which provides support for the development and upgrading of the capabilities of workers’ organizations and their members in the areas of leadership, organizational development and management, labor and human relations, grievance handling, labor laws, occupational safety and health, productivity, and the like.

Procedure:

  1. QP-OO2-17: WODP Training Grant Component (Rev0, January 3, 2018)

Forms:

  1. WODP Training Grants Checklist and Application Form

Legal Bases:

  1. BLR ADVISORY NO. 02-14: Call for Submission of Application for Labor Org through OURS
  2. BLR ADVISORY NO. 01-14: Call for Application on WODP Training and Scholarship Grant
  3. COA Circular No. 2012-001: Prescribing the Revised Guidelines and Documentary Requirements for Common Government Transactions (20% Equity)
  4. Department Order No. 20-02, s.2002: Supplemental Guidelines for Access to WODP Funds
  5. Memorandum Circular No. 01, s. 2002: Amendments on Allowable Amounts for WODP Regular Scholarship
  6. Department Order No. 05, s.1998 Amendment of DO 26 Guidelines for Access to WODP Funds
  7. Department Order No. 26, s.1995: Integrated Guidelines for Access to WODP Funds
Labor Employment and Education Services

Overview/Background

DOLE is innovating its labor and management education services from its traditional pedagogical style of delivery towards a more pro-active, coherent, technology-based, accessible and comprehensive approach. This new approach shall make use of integrated modules and other instruction and informational materials, such as learning audio-visuals in order to reach out more to its target clienteles.

Embodied under the DOLE’s Employment Guide for Students and Jobseekers, the materials cover all aspects of the options for work like wage employment, both local and overseas, entrepreneurship and practice of profession, along with the respective programs and services of the DOLE.

Procedure:

  1. QP-OO2-18: Labor Employment and Education Services (Rev0, January 3, 2018)

Forms:

  1. CSF Form 1 Training Seminar Evaluation Questionnaire
  2. Template of Monitoring Forms LEES or Means of Verification

Legal Bases:

  1. DOLE Labor and Employment Education Services (LEES) YouTube Videos

LEES Portal:

  1. DOLE Labor and Employment Education Services (LEES) eLearning Portal

Records:

  1. 2019 LEES Consolidated Report (ICFO, ZCFO, ZDNFO, ZDSFO, ZSFO )

Reports:

  1. 2020 LEES Consolidated Report (ICFO, ZCFO, ZDNFO, ZDSFO, ZSFO )
Registration of Workers Association

Overview/Background

It is the policy of DOLE to process the application for registration of workers’ association organized for the mutual aid and protection of its members or for other legitimate purposes except collective bargaining in order for them to acquire legal personality.

Workers’ Association registration refers to the process of determining whether the application for registration of such organization complies with the documentary requirements prescribed under Rule 3 and 4 of DOLE Department Order No. 40-03, as amended.

Procedure:

  1. QP-OO2-19:Registration of Workers Association (Rev0, January 3, 2018)

Forms:

  1. BLR Form No. 3 – Workers’ Association

Legal Bases:

  1. Department Order No. 40-I-15: Request for SEBA Certification
  2. Department Order No. 40-H-13: Amended Rule XXII of Book V of Labor Code – Conciliation, Strikes & Lockouts
  3. Department Order No. 40-G-03: Amending Rule XXII of the Implementing Book V of the Labor Code of the Philippines
  4. Department Order No. 40-F-03: Amending Rules III, V, VIII, IX, XI, XIV and XV of the IRR of Book V of the Labor Code
  5. Department Order No. 40-B-03: Amending the Implementing Rules of Book V of the Labor Code
  6. Department Order No. 40-03: Amended Book V of Labor Code – Labor Relations
  7. Republic Act No. 6715: Amendments of Labor Code of the Philippines
  8. Presidential Decree No. 442 s.1974: Labor Code of the Philippines
Registration of Labor Organization

Overview/Background

It is the policy of DOLE to process application for registration of labor organizations in order for them to acquire legal personality and to enjoy the rights given to legitimate labor organization.

Union registration refers to the process of determining whether the application for registration of a labor union organized for collective bargaining complies with the documentary requirements prescribed under Rule 3 and 4 of DOLE Department Order No. 40-03 and the rules implementing Book V of the Labor Code, as amended.

Procedure:

QP-OO2-20: Registration of Labor Organization (Rev0, January 3, 2018)

Forms:

  1. Public Sector Union
    1. BLR Reg. Form No. 7: Public Sector Union
    2. Sample Constitution and By-Laws – Public Sector
  1. Private Sector Union
    1. BLR Reg. Form No. 1: Independent Union
    2. BLR Reg. Form No.5: Chartering Locals/Chapter Union
    3. Federation-National Union
    4. Request for Sole & Exclusive Bargaining Agent (SEBA)
    5. Sample Constitution and By-Laws – Private Sector

Legal Bases:

  1. Department Order No. 40-I-15: Request for SEBA Certification
  2. Department Order No. 40-H-13: Amended Rule XXII of Book V of Labor Code – Conciliation, Strikes & Lockouts
  3. Department Order No. 40-G-03: Amending Rule XXII of the Implementing Book V of the Labor Code of the Philippines
  4. Department Order No. 40-F-03: Amending Rules III, V, VIII, IX, XI, XIV and XV of the IRR of Book V of the Labor Code
  5. Department Order No. 40-B-03: Amending the Implementing Rules of Book V of the Labor Code
  6. Department Order No. 40-03: Amended Book V of Labor Code – Labor Relations
  7. Republic Act No. 6715: Amendments of Labor Code of the Philippines
  8. Presidential Decree No. 442 s.1974: Labor Code of the Philippines
Establishment of Family Welfare Committee

Overview/Background

The Family Welfare Program (FWP) seeks to introduce the concept of promoting the welfare of workers and their families as a key to workplace productivity and improved worker-management relations. It is an advocacy program that draws corporate support in promoting workers’ quality of life by adopting a family centered approach in the workplace.

The FWP advocates for the integration of the 10 dimensions which also serve as a guide in its implemention.

FWP aims to Promote plant-level initiatives to contribute to the goals of the Philippine Population Management Program (PPMP), Instill family planning/family welfare consciousness among labor and management as a key in promoting workplace productivity and improved worker-management relations, and Establish the family welfare component as a major issue of concern and action of the Family Welfare Committee.

Procedure:

  1. QP-OO2-21: Establishment of Family Welfare Committee (Rev0, January 3, 2018)

Legal Bases:

  1. Department Order No. 56-03 series of 2013: Rationalizing the Implementation of Family Welfare Program (FWP)
  2. Women Workers Welfare Advocacy Program
  3. RA 10028: An Act Expanding The Promotion Of Breastfeeding, Amending For The Purpose Republic Act No. 7600, Otherwise Known As “An Act Providing Incentives To All Government And Private Health Institutions With Rooming-in And Breastfeeding Practices And For Other Purposes”
  4. Report on the Implementetion of RA 10028 Specifically on the Establishment of Lactation Stations in the Workplace
  5. Department Advisory No. 3 series of 2009: Intensifying Implementation of the Family Welfare Program through Provision of Family Health Program Services
  6. Checklist of Priority Activities Related to Family Welfare Program (FWP) Implementation
Registration of Collective Bargaining Agreement

Overview/Background

It is the policy of DOLE to process application for registration of labor organizations in order for them to acquire legal personality and to enjoy the rights given to legitimate labor organization.

Union registration refers to the process of determining whether the application for registration of a labor union organized for collective bargaining, complies with the documentary requirements prescribed under Rule 3 and 4 of DOLE Department Order No. 40-03 and the rules implementing Book V of the Labor Code, as amended.

Procedure:

  1. QP-OO2-22: Registration of Collective Bargaining Agreement (Rev0, January 3, 2018)

Legal Bases:

  1. Department Order No. 40-I-15: Request for SEBA Certification
  2. Department Order No. 40-H-13: Amended Rule XXII of Book V of Labor Code – Conciliation, Strikes & Lockouts
  3. Department Order No. 40-G-03: Amending Rule XXII of the Implementing Book V of the Labor Code of the Philippines
  4. Department Order No. 40-F-03: Amending Rules III, V, VIII, IX, XI, XIV and XV of the IRR of Book V of the Labor Code
  5. Department Order No. 40-B-03: Amending the Implementing Rules of Book V of the Labor Code
  6. Department Order No. 40-03: Amended Book V of Labor Code – Labor Relations
  7. Republic Act No. 6715: Amendments of Labor Code of the Philippines
  8. Presidential Decree No. 442 s.1974: Labor Code of the Philippines
Processing of Construction Safety and Health Program

Overview/Background

Pursuant to the DOLE Department Order No. 13, Series of 1998 on the Guidelines Governing Occupational Safety and Health in the Construction Industry, every construction project is required to have a Construction Safety and Health Program (CSHP).

CSHP refers to a set of detailed rules to cover the processes and practices that shall be utilized in a specific construction project site in conformity with the OSHS including the personnel responsible and the penalties for violations thereof. Said program must be in accordance with these rules, and other orders and issuances from by the Department.

Procedure:

QP-OO2-23: Processing of Construction Safety and Health Program (Rev0, January 3, 2018)

Forms:

  1. Accreditation Forms
    1. OSH Practitioner / Consultant
      1. Checklist of Requirements
      2. Application Form for OSH Practitioner / Consultant
    2. Safety Training Organization
      1. Checklist of Requirements
    3. Construction Heavy Equipment
      1. Checklist of Requirements
      2. Application Form for Testing Organizations for Construction Heavy Equipment
  2. Construction Safety And Health Program (CSHP)
    1. Checklist of Requirements
      1. Application Form for CSHP
        1. Comprehensive
        2. Residential (2-Storey and Below)
      2. CSHP Templates
        1. Comprehensive
        2. Residential (2-Storey and Below)
  3. OSH Registration And Reportorial Requirements
    1. Application for Registration / Re-registration
    2. Report on Safety and Health Organization
    3. Employer’s Work Accident Illness Report
    4. Government Safety Engineer’s Accident Investigation report
    5. Annual Work Accident/Illness Exposure Data Report
    6. Annual Medical Report

Legal Bases:

  1. Department Order 198-18: Implementing Rules and Regulations of Republic Act No. 11058 ”An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof”
  2. Department Order No. 53-03: Guidelines for the Implementation of a Drug-Free Workplace Policies and Programs
  3. Department Order No. 102-10: Guidelines for the Implementation of HIV and AIDS Prevention and Control in the Workplace Program
  4. Department Advisory No. 05, series of 2010: Guidelines for the Implementation of a Workplace Policy and Program on Hepatitis B
  5. Department Order No. 73-05: Guidelines for the Implementation of Policy and Program on Tuberculosis Prevention and Control in the Workplace
  6. Administrative Order No. 24-18: Amendment of Section 5 of DO 13-98
  7. Joint Administrative Order (JAO)
  8. Administrative Order No. 152-11: Decentralization of CSHP Evaluation to DOLE Regional Offices
  9. Department Advisory 02-11: Strict Compliance with Section 5 of DO 13-98
  10. DPWH Department Order No. 56-2005: Guidelines for the Implementation of DOLE DO No. 13-98
  11. Department Order No. 13-98: Guidelines Governing Governing Occupational Safety and Health in the Construction Industry