Republic of the Philippines d DEPARTMENT OF LABOR AND EMPLOYMENT ee Intramuros, Manila Pieve them Joke! Ws decent jl LABOR ADVISORY NO. 25 Series of 2020 ADDENDUM TO LABOR ADVISORY NO. 17, SERIES OF 2018 (CLARIFICATORY GUIDELINES ON HANDLING KASAMBAHAY COMPLAINTS/ REQUEST FOR ASSISTANCE), PARTICULARLY ON THE CONDUCT OF MANDATORY CONFERENCE, SERVICE/EXECUTION OF COMPLIANCE ORDER AND APPEAL RELATING TO LABOR DISPUTES. INVOLVING KASAMBAHAY |. PURPOSE This Labor Advisory reiterates the proper conduct of mandatory conference, senvicefexecution of compliance order, and handling of appealed labor disputes involving kasambahay, as provided under Labor Advisory No. 17, Series of 2018, Implementing Rules and Regulations of Republic Act 10361 (An Act Instituting Policies for the Protection and Welfare of Domestic Workers), Department Order No. 151, series of 2016 (Implementing Rules and Regulations of Republic Act No. 10396 — An Act Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for all Labor Cases), Department Order No. 183, series of 2017 (Revised Rules on the Administration and Enforcement of Labor Laws Pursuant to Article 128 of the Labor Code, The Rules of Procedure of the Single Entry Approach (SEnA), and Department Order No. 214, series of 2020 (Guidelines on Processes and Proceedings before the Office of the Secretary of Labor and Employment, Bureaus and Regional Offices in Areas Under Community Quarantine), Il, MANDATORY CONFERENCE ‘A. Conduct of mandatory conference. ~ The mandatory conference shall be conducted by the handling officer in the DOLE Central/Regionall Provincial/Field Offices and its Attached Agencies. The mandatory conference shall be resolved or terminated within a period of thirty (30) days from the conduct of initial proceedings. The Handling Officer shall refer the unsettled issues to appropriate DOLE Office or Agency having jurisdiction over the case. In the event of a community quarantine, restrictions on travel or like circumstances, conferences may be done through face-to-face (physical presence) or through the use of digital platforms (virtual), taking into consideration the preferences and availability of parties while observing the prescribed minimum health standards and safety protocols B. Postponement of mandatory conference. ~ The parties shall be allowed only two (2) postponements based on meritorious grounds upon mutual agreement of the parties and if there is a possibility of settlement. In no case shall the mandatory conferences exceed thirty (30) days reckoned from the date of the initial proceeding, except in areas when the locality of residence of the complainant or petitioner and/or venue of the conference are placed under Enhanced Community Quarantine (ECQ), Modified ECQ or harditotal lockdown. Such extension shall not exceed fifteen (15) calendar days.In the event that an area reverted to the status of ECQ or MECQ, the prescriptive periods therein shall automatically be interrupted reckoned from the date of declaration, and shall begin to run again when the ECQ, MECQ or hard/total lockdown is lifted. Duties of the hearing officer. - The hearing officer shall: 1. require submission of documents to prove a fact, such as but not limited to, employment contract or agreement, pay-slip showing payment and receipt of wages and benefits, and other pertinent documents from concerned parties. 2. make a record of the proceedings which shall include a summary of facts of the controversy and evidence/s presented, among others. 3. avail of all reasonable means to speedily and objectively ascertain the facts of the controversy and evidence/s presented. The minutes of the conference, which shall either be in the form of a physical copy or electronic copy of the document, shall be signed by the parties and attested to by the DOLE hearing officer and shall form part of the records of the case. Thereafter, the hearing officer shall submit his/her recommendation for the resolution of the case within ten (10) days after the termination of the mandatory conference. Effects of failure or refusal to appear during the mandatory conference. ~ Where the concerned parties fail or refuse to appear for two (2) consecutive scheduled mandatory conferences despite due notice and without justifiable reason, the parties shall be considered to have waived their right to be heard and the DOLE Regional Director shalll issue a compliance order based on the records of the case. lI. COMPLIANCE ORDER A Issuance of compliance order. — The compliance order shall be issued by the DOLE Regional Director, within ten (10) days from submission of the case for resolution, subject for extension in the event of a community quarantine or a hard/total lockdown. Based on the evidence on record, the compliance order shall be written in clear and concise language which shall contain among others, the following 1. Brief statement of facts, issues and applicable laws; Statement of evidence supporting the findings of monetary award, among others; 3. Computation of the unpaid wages and other benefits, including the period covered, and the formula used in the computation; 4. Directive to the employer to submit proof of compliance within ten (10) days from receipt of the compliance order; and 5. Any unlawful act committed by any person and the corresponding recommendation for the institution of necessary criminal action against the responsible persons.B. Modes of Service. - Notices and orders shall be served to the parties or to their duly authorized representatives at their last known address, either by personal service, registered mail or private courier service, subject to prescribed minimum health standards and protocols as the case may be. In cases where a party to a case or his/her counsel of record personally seeks service of the order upon inquiry, service on the said party shall be deemed effected upon actual receipt. In special circumstances, service of notices may be effected in accordance with the pertinent provisions of the Rules of Court For purposes of appeal, the reckoning of the reglementary period shall be from receipt of the compliance order by the parties. C. Effects of failure of refusal of respondent to conform to the compliance order. - In case of failure or refusal of respondent to comply with the compliance order, the Regional Director shall issue a writ of execution in accordance with existing rules on writs of execution and observing the prescribed health and safety standards and protocols in the event of a community quarantine. In the event that the employer fails or refuses to pay any of the prescribed increases or adjustment in wage rates, the respondentiemployer is given a period of ten (10) days from receipt of the Compliance Order to pay the wage differential, otherwise double indemnity law shall apply. IV. APPEAL A. Filing of Appeal. - The Compliance Order may be appealed to the Office of the Secretary of Labor and Employment by filing a Memorandum of Appeal, furnishing the other party with a copy of the same, within ten (10) days from receipt thereof. The appeal shall be filed with the Regional Office which issued the Compliance Order. The filing of Memorandum of Appeal with any other office or agency shall not toll the running of the reglementary period for filing the same. Ammere Notice of Appeal shall not stop the running of the period within which to file an appeal The Memorandum of Appeal shall be filed in one (1) printed copy and an electronic copy in a compact disc (CD), flash drive or other appropriate online data storage containing: (a) the full name of the parties to the case; (b) the date of receipt of the Compliance Order appealed from; (c) concise statement of the matters involved, the issues raised, the specification of errors of fact or law, or both, allegedly committed by the Regional Office, and the reasons or arguments relied upon for the allowance of the appeal;(d) proof of service upon the other party; and (e) clear legible duplicate originals or true copies of the Compliance Order, certified correct by the records officer of the Regional Office.B. Perfection of Appeal. - An appeal is deemed perfected upon filing of the Memorandum of Appeal together with the appeal bond either in cash or surety in an amount equivalent the judgment award, within the period specified by the tules. Failure to perfect an appeal in the manner and within the period prescribed in the rules shall render the compliance order final and executory. In which case the Regional Director shall, on his/her own initiative, issue a Notice of Finality and Writ of Execution. C. Evaluation of Appeal. ~ The DOLE Bureau of Working Conditions, in coordination with the DOLE Legal Service, shall evaluate the appeal and make appropriate recommendations to the Secretary of Labor and Employment to resolve the appeal The Secretary of Labor and Employment shall have thirty (30) days from receipt of the entire records of the case to decide the appeal. If no Motion for Reconsideration is filed by the aggrieved party within ten (10) days from receipt by the parties of the Resolution or Decision of the Secretary of Labor and Employment, the same shall become final and executory. If a Motion for Reconsideration is filed, the Secretary of Labor and Employment shall resolve the same within thirty (30) days from receipt thereof. Thereafter, the Resolution or Decision of the Secretary of Labor and Employment on the Motion for Reconsideration shall become final and executory after ten (10) days from the issuance thereof. D. After the Resolution or Decision of the Secretary of Labor and Employment has attained finality, an Entry of Judgment shall be issued and the case shall be considered closed and terminated. The entire records of the case shall be forwarded to the Regional Office of origin. In case the Resolution or Decision is in favor of the employee, the Regional Office shall cause the issuance and implementation of the Writ of Execution. Be guided accordingly. Secretary Dept. of Labor & Emp 28_December 2020 ‘mcr ote Se wi