LABOR LAWS COMPLIANCE SYSTEM

ATTY. CATHERINE LEGADOS-PARADO Director IV DOLE – Bureau of Working Conditions

EXISTING SYSTEM
(Labor Standards Enforcement Program)

INSPECTION
Inspection Authority Inspection proper - walking around - employment records - interview of employees Notice of Inspection Results 5 days to comply Hearing/Compliance Order MR / Appeal Execution /Satisfaction of Judgment

SELFASSESSMENT
Self-Assessment Form Five (5) days to submit accomplished SA Form Validation Spot-Check

TRAINING and ADVISORY VISIT (TAV)
TAV orientation (Owners and Managers) Action Plan/ Technical Assistance Follow-Up Visit Monitoring of Commitments

PROPOSED ENFORCEMENT SYSTEM (Labor Laws Compliance System)
JOINT ASSESSMENT
Issuance of Authority to LLCO Tripartite Team Assessment Proper GLS Notice of Result Hearing Order MR Appeal OSHS Assessment Checklist List Action Plan -10 days Remediation - 3 mos Notice of Result (NR) Hearing, Order, MR, Appeal, Execution

COMPLIANCE VISIT
Issuance of Authority

ACCIDENT INVESTIGATION
Issuance of Authority

Visit
Notice of Results Plant Level Restitution (10 days from issuance of
Notice of Results)

Investigation – 24hrs from
report of accident

Notice of Results * May issue Order of Suspension of Operation Hearing (w/in 24 hrs to determine whether to lift order of suspension or not) Order

Hearing, Order, MR,

Execution Appeal, Execution

SALIENT DISTINCTIONS
LSEP
Regulatory approach

LLCS
Developmental approach

Focused on general labor standards and social Covers all: general labor standards, welfare benefits occupational safety and health standards, social welfare benefits, and POEA rules 162 inspectors are insufficient to inspect all establishments Self-Assessment (SA) covers unionized or established with at least 200 workers Additional 372 inspectors are employed Removed SA

SALIENT DISTINCTIONS
LSEP
Single Entry Approach (SENA) was nonexistent

LLCS
SENA is applied to help the parties arrive at a settlement

No provision for a Remediation Period
DOLE Programs not included in the inspection system No provision for a Feedback Mechanism No provision for the Recognition of Compliant Establishments

Remediation Period for a maximum of three (3) months
DOLE Programs are included Feedback Mechanism is given to Stakeholders Provides incentives for Compliant Establishments

CHECKLIST
EXISTING PROPOSED

EXISTING CHECKLIST

PROPOSED CHECKLIST

SPECIAL LAWS ON WOMEN

RA 1161

Social Security Benefits
Every pregnant employee in the private sector, whether married or unmarried, is entitled to maternity leave benefit of sixty (60) days in case of normal delivery or miscarriage, or seventy-eight (78) days, in case of Caesarian section delivery, with benefits equivalent to one hundred percent (100%) of the average daily salary credit of the employee as defined under the law.

SPECIAL LAWS ON WOMEN

RA 8972

Parental Leave for Solo Parents

Leave privileges under existing laws, shall be for seven (7) work days every year, with full pay, consisting of basic salary and mandatory allowances fixed by the Regional Wage Board, if any, provided that his/her pay shall not be less than the mandated minimum wage.

SPECIAL LAWS ON WOMEN

RA 9262

Leave for Victims of Violence Against Women and Their Children

The qualified victim-employee shall be entitled to a leave of up to ten (10) days with full pay, consisting of basic salary and mandatory allowances fixed by the Regional Wage Board, if any. It shall be extended when the need arises, as specified in the protection order issued by the barangay or the court.

SPECIAL LAWS ON WOMEN

RA 9710

Special Leave for Women
The special leave shall be granted to the qualified employee after she has undergone surgery without prejudice to an employer allowing an employee to receive her pay before or during the surgery. The employee is entitled to special leave benefit of two (2) months with full pay based on her gross monthly compensation.

DOLE PROGRAM:

WOMEN WORKERS’ WELFARE ADVOCACY PROGRAMS
SETTING UP A WORKPLACE LACTATION STATION : A Guide for Employers and Family Welfare Committees A recently passed law, Republic Act 10028 or the “Expanded Breastfeeding Promotion Act of 2009” which amended RA 7600 or the “Rooming-in and Breastfeeding Act of 1992,” adopts a national policy to encourage, protect, and support the practice of breastfeeding. Specifically, this law requires establishments to set up lactation stations in the workplace and provide compensable time for breastfeeding and lactation periods.

SPECIAL LAWS ON WOMEN  RA 1161  RA 8972  RA 9262 Social Security Benefits Parental Leave for Solo Parents Leave for Victims of Violence Against Women and Their Children Special Leave for Women

 RA 9710

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