PROTECTION OF WORKER’S RIGHTS AND MAINTENANCE OF INDUSTRIAL PEACE ENSURED
Health Program (CSHP)Issuance of Certificate
of With Pending/Without
Pending Case to CompaniesDisposition of Certification
Election CasesDisposition of Labor
Standards CasesAdministration and
Enforcement of Labor
Laws Inspection and
Occupational Safety and
Health InvestigationRegistration of Collective
Bargaining Agreement (CBA)Registration of Labor
UnionRegistration of
Workers' AssociationWorkers Organization
Development Program (WODP)
Scholarship Grant ComponentWorkers Organization
Development Program (WODP)
Training Grant ComponentLabor Employment and
Education Services (LEES)Enforcement of tabor Standards and Occupational Safety and Health StandardsHandling of Request
for Assistance under
Single Entry Approach
(SEnA)Establishment of Family
Welfare Program by the
Family Welfare CommitteeRegistration of Establishment
under Rule 1020Issuance of Permit to
Operate Mechanical Equipment
and Electrical FacilityDisposition of Inter/Intra
Union Cases
CONSTRUCTION SAFETY AND HEALTH PROGRAM (CSHP)
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
OSH Practitioner / Consultant
Safety Training Organization
Construction Heavy Equipment
CHECKLIST
Application Form for CSHP
- Comprehensive
- Residential (2-Storey and Below)
CSHP Templates
- Comprehensive
- Residential (2-Storey and Below)
OSH REGISTRATION AND REPORTORIAL REQUIREMENTS
LEGAL BASES
- 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”
- Department Order No. 53-03: Guidelines for the Implementation of a Drug-Free Workplace Policies and Programs
- Department Order No. 102-10: Guidelines for the Implementation of HIV and AIDS Prevention and Control in the Workplace Program
- Department Advisory No. 05, series of 2010: Guidelines for the Implementation of a Workplace Policy and Program on Hepatitis B
- Department Order No. 73-05: Guidelines for the Implementation of Policy and Program on Tuberculosis Prevention and Control in the Workplace
- Administrative Order No. 24-18: Amendment of Section 5 of DO 13-98
- Joint Administrative Order (JAO)
- Administrative Order No. 152-11: Decentralization of CSHP Evaluation to DOLE Regional Offices
- Department Advisory 02-11: Strict Compliance with Section 5 of DO 13-98
- DPWH Department Order No. 56-2005: Guidelines for the Implementation of DOLE DO No. 13-98
- Department Order No. 13-98: Guidelines Governing Governing Occupational Safety and Health in the Construction Industry
ISSUANCE OF CERTIFICATE OF WITH PENDING/WITHOUT PENDING CASE TO
COMPANIES
OVERVIEW/BACKGROUND
One of the frontline services of Department of Labor and Employment is to facilitate all requests from private companies for the issuance of certificate of with pending/without pending case for whatever legal purpose the same may serve.
PROCEDURE
APPLICATION
DISPOSITION OF CERTIFICATION ELECTION CASES
OVERVIEW/BACKGROUND
It is the policy of the State to promote free trade unionism through expeditious procedures governing the choice of an exclusive bargaining agent.
Certification Election is one of the means to determine such exclusive bargaining agent. It refers to the process of determining through secret ballot the sole and exclusive representative of the employees in an appropriate bargaining unit for purposes of collective bargaining or negotiation. It is a non-litigious proceeding and, as far as practicable, shall be free from technicalities of law and procedure, provided only that in every case, the exclusive bargaining agent enjoys the majority support of all the employees in the bargaining unit.
PROCEDURE
DISPOSITION OF LABOR STANDARDS CASES
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
LEGAL BASES
- 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)
- PD 442: Labor Code of the Philippines, as amended
- Department Advisory No. 01 Series of 2015: (Renumbering of the Labor Code of the Philippines, as amended)
ADMINISTRATION AND ENFORCEMENT OF LABOR LAWS INSPECTION AND OCCUPATIONAL SAFETY AND HEALTH INVESTIGATION
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
LEGAL BASES
- 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
- Department Order No. 131-B-16: Revised Rules on Labor Laws Compliance System
- Department Advisory No. 1 series of 2014: Occupational Safety and Health Protection Tips for Kasambahays and Employers
- Department Order No. 134-14: Guidelines on Occupational Safety and Health (OSH) in the Pyrotechnic Industry
- Department Order No. 132-13: Guidelines on Maritime Occupational Safety and Health
- Department Order No. 128-13: Amending Rule 1414 on Scaffoldings of the 1989 Occupational Health and Safety Standards, As Amended
- Dept. Circular No.02-08: Amending Certain Provisions of the Occupational Safety and Health Standards
- Department Order No. 16-01: Rule 1030 Training and Accreditation of Personnel on Occupational Safety
REGISTRATION OF COLLECTIVE BARGAINING AGREEMENT (CBA)
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
FORMS
LEGAL BASES
- Department Order No. 40-I-15: Request for SEBA Certification
- Department Order No. 40-H-13: Amended Rule XXII of Book V of Labor Code – Conciliation, Strikes & Lockouts
- Department Order No. 40-G-03: Amending Rule XXII of the Implementing Book V of the Labor Code of the Philippines
- 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
- Department Order No. 40-B-03: Amending the Implementing Rules of Book V of the Labor Code
- Department Order No. 40-03: Amended Book V of Labor Code – Labor Relations
- Republic Act No. 6715: Amendments of Labor Code of the Philippines
- Presidential Decree No. 442 s.1974: Labor Code of the Philippines
REGISTRATION OF LABOR UNION
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
FORMS
-
- Public Sector Union
- BLR Reg. Form No. 7: Public Sector Union
- Sample Constitution and By-Laws – Public Sector
Private Sector Union
LEGAL BASES:
- Department Order No. 40-I-15: Request for SEBA Certification
- Department Order No. 40-H-13: Amended Rule XXII of Book V of Labor Code – Conciliation, Strikes & Lockouts
- Department Order No. 40-G-03: Amending Rule XXII of the Implementing Book V of the Labor Code of the Philippines
- 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
- Department Order No. 40-B-03: Amending the Implementing Rules of Book V of the Labor Code
- Department Order No. 40-03: Amended Book V of Labor Code – Labor Relations
- Republic Act No. 6715: Amendments of Labor Code of the Philippines
- Presidential Decree No. 442 s.1974: Labor Code of the Philippines
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
FORMS
LEGAL BASES
- Department Order No. 40-I-15: Request for SEBA Certification
- Department Order No. 40-H-13: Amended Rule XXII of Book V of Labor Code – Conciliation, Strikes & Lockouts
- Department Order No. 40-G-03: Amending Rule XXII of the Implementing Book V of the Labor Code of the Philippines
- 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
- Department Order No. 40-B-03: Amending the Implementing Rules of Book V of the Labor Code
- Department Order No. 40-03: Amended Book V of Labor Code – Labor Relations
- Republic Act No. 6715: Amendments of Labor Code of the Philippines
- Presidential Decree No. 442 s.1974: Labor Code of the Philippines
WORKERS ORGANIZATION DEVELOPMENT PROGRAM (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
FORMS
LEGAL BASES
- Department Order No. 203, s.2019: Amending the Guidelines for Accessing the Funds of the Workers Organization Development Program (WODP)
- Memorandum Circular No. 02, s.2019: Amendments on Allowable Amounts for Scholarship Grants
- BLR ADVISORY NO. 02-14: Call for Submission of Application for Labor Org through OURS
- BLR ADVISORY NO. 01-14: Call for Application on WODP Training and Scholarship Grant
- COA Circular No. 2012-001: Prescribing the Revised Guidelines and Documentary Requirements for Common Government Transactions (20% Equity)
- Department Order No. 20-02, s.2002: Supplemental Guidelines for Access to WODP Funds
- Memorandum Circular No. 01, s. 2002: Amendments on Allowable Amounts for WODP Regular Scholarship
- Department Order No. 05, s.1998 Amendment of DO 26 Guidelines for Access to WODP Funds
- Department Order No. 26, s.1995: Integrated Guidelines for Access to WODP Funds
WORKERS ORGANIZATION DEVELOPMENT PROGRAM (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
FORMS
- WODP Checklist of Requirements
- WODP Accreditation Form
- WODP Training Grant Form No. 1 and 2 (Application Form and Training Design/Proposal)
- WODP Training Grant Form No. 3 (Summary Report of The Course Evaluation Form)
- WODP Training Grant Form No. 4 (Summary Report of The Speakers' Evaluation Form)
- Memorandum of Agreement - WODP Training Grant
LEGAL BASES
- Department Order No. 203, s.2019 -19: Amending the Guidelines for Accessing the Funds of the Workers Organization Development Program (WODP)
- BLR ADVISORY NO. 02-14: Call for Submission of Application for Labor Org through OURS
- BLR ADVISORY NO. 01-14: Call for Application on WODP Training and Scholarship Grant
- COA Circular No. 2012-001: Prescribing the Revised Guidelines and Documentary Requirements for Common Government Transactions (20% Equity)
- Department Order No. 20-02, s.2002: Supplemental Guidelines for Access to WODP Funds
- Memorandum Circular No. 01, s. 2002: Amendments on Allowable Amounts for WODP Regular Scholarship
- Department Order No. 05, s.1998 Amendment of DO 26 Guidelines for Access to WODP Funds
- Department Order No. 26, s.1995: Integrated Guidelines for Access to WODP Funds
LABOR EMPLOYMENT AND EDUCATION SERVICES (LEES)
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
FORMS
LEGAL BASES
- DOLE Labor and Employment Education Services (LEES) YouTube Videos
LEES PORTAL
ENFORCEMENT OF LABOR STANDARDS AND OCCUPATIONAL SAFETY AND HEALTH STANDARDS
OVERVIEW/BACKGROUND
To fully protect the rights of the workers and enforce uncomplied orders pertaining to violations in Labor Standards and Occupational Safety and Health Standards, Writs of Execution are being issued by the Regional Director and implemented by the Sheriff.
Writ of Execution refers to an order directing the sheriff to enforce implement, or satisfy the judgment which shall be effective for a period of five (5) years.
PROCEDURE
HANDLING OF REQUEST FOR ASSISTANCE UNDER SINGLE ENTRY APPROACH (SENA)
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
FORMS
LEGAL BASES
- Department Order No. 107-10: Guidelines on the SEnA Prescribing 30-day Mandtory Conciliation-Mediation
- Department Order No. 151-16: An Act Strengthening Con-Mediation as a Vol. Mode of Dispute Settlement for all Labor Cases
- Rules of Procedure of the SEnA
ESTABLISHMENT OF FAMILY WELFARE PROGRAM BY THE 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
LEGAL BASES
- Department Order No. 56-03 series of 2013: Rationalizing the Implementation of Family Welfare Program (FWP)
- Women Workers Welfare Advocacy Program
- 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”
- Report on the Implementetion of RA 10028 Specifically on the Establishment of Lactation Stations in the Workplace
- Department Advisory No. 3 series of 2009: Intensifying Implementation of the Family Welfare Program through Provision of Family Health Program Services
- Checklist of Priority Activities Related to Family Welfare Program (FWP) Implementation
REGISTRATION OF ESTABLISHMENT UNDER RULE 1020
OVERVIEW/BACKGROUND
The establishment regardless of the size of economic activity, whether small, medium or large scale in one single location, shall register with the DOLE pursuant to the provisions of the Occupational Safety and Health Standards to form part of a databank of all covered establishments.
PROCEDURE
ISSUANCE OF PERMIT TO OPERATE MECHANICAL EQUIPMENT AND ELECTRICAL FACILITY
OVERVIEW/BACKGROUND
It is the policy of the DOLE to set and enforce mandatory occupational safety and health standards to eliminate or reduce occupational safety and health hazards in all workplaces and institute new, and update existing, programs to ensure safe and healthful working conditions in all places of employment.
Application for clearing of mechanical or electrical plans shall submitted to the DOLE-Regional Office (RO) which has jurisdiction over the workplace where the mechanical equipment or electrical installation will be placed.
PROCEDURE
DISPOSITION OF INTER/INTRA UNION CASES
OVERVIEW/BACKGROUND
Aimed at maintaining industrial peace, one of the arbitral authority of Department of Labor and Employment is the resolution of inter/intra union disputes.
Inter-union dispute refers to any conflict between and among legitimate labor unions involving representation questions for purposes of collective bargaining or to any other conflict or dispute between legitimate labor unions. On the other hand, Intra-Union Dispute refers to any conflict between and among union members, including grievances arising from any violation of the rights and conditions of membership, violation of or disagreement over any provision of the union’s constitution and by-laws, or disputes arising from chartering or affiliation of union.
