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PREDELMA M. TAN Department of Labor and Employment
Batangas Provincial Office
INCENTIVIZING COMPLIANCE PROGRAMINCENTIVIZING COMPLIANCE PROGRAM
Incentivizing Compliance ProgramIncentivizing Compliance Program
Reform in the system of labor standards enforcement
Complements regulatory trackUses Single Entry Approach (SEnA) in
labor disputes resolutionOptimizes tripartite engagement
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PromotingPromoting voluntary compliancevoluntary compliance to complement regulatory track to complement regulatory track
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Major StrategiesMajor Strategies
TRIPARTITE MECHANISMS TRIPARTITE MECHANISMS
AND PROCESSESSAND PROCESSESS
Tripartite body
3-3-3
Social auditor and monitoring body
Conducts remediation
Nominates for the TSE award
Tripartite Certification Committee
REMEDIATIONREMEDIATION
Facilitative and corrective actions Uses appropriate programs and
services (DOLE toolbox) For a period not to exceed 3 months In the absence of compliance gaps,
TCC can immediately indorse the enterprise for the Tripartite Seal of Excellence
CONVERGENCE OF CONVERGENCE OF
EXISTING DOLE AWARDS AND EXISTING DOLE AWARDS AND RECOGNITION SYSTEMSRECOGNITION SYSTEMS
Tripartite Certificate of Compliance with Labor Standards
DO 115-A – operational guidelines
Promotes voluntary compliance with GLS/OSH
Pre-requisite to the Secretary’s Award and the Tripartite Seal of Excellence
Issued by the DOLE Regional Director
Valid for three (3) years Serves as equivalency to
routine inspection
DOLE – DOLE – REGIONAL REGIONAL OFFICES OFFICES
Tripartite Certificate of Compliance with Labor Standards
Duly registered With valid business permit No pending case with
DOLE/NLRC No case of fatal accident,
permanent total/partial disability or occupational illness within aperiod of 1 year at the time of application
DOLE – DOLE – REGIONAL REGIONAL OFFICES OFFICES
Child Labor Free Establishment/Zone
• To promote practices on To promote practices on anti-child labor practices anti-child labor practices in the workplace- and/or in the workplace- and/or zonezone
• Complements the Child Complements the Child Labor-Free Barangay Labor-Free Barangay initiative under the DOLE’s initiative under the DOLE’s Campaign for Child Labor-Campaign for Child Labor-Free Philippines.Free Philippines.
• Nationwide coverageNationwide coverage
Bureau of Bureau of Workers with Workers with Special Special Concerns Concerns
Child Labor Free Establishment/Zone
Holder of TCCLSMaintains company policy
prohibiting CL displayed publicly
Contracts or terms of engagement with suppliers/contractors contain stipulations prohibiting CL
Principal and contractors have no pending case with on the use of CL
Bureau of Bureau of Workers with Workers with Special Special Concerns Concerns
To recognize outstanding To recognize outstanding institutions and individuals who institutions and individuals who have implemented successful have implemented successful safety and health safety and health programs/ideas; promote OSH programs/ideas; promote OSH towards “zero accident” towards “zero accident” workplaceworkplace
Started in 1997Started in 1997 National award given every 2 National award given every 2
yearsyears 2 Presidential awards and 23 2 Presidential awards and 23
Secretary’s AwardsSecretary’s Awards Incentives: Trophy, plaque and
certificates
Gawad Kaligtasan at Kalusugan (GKK)
Occupational Occupational Safety and Safety and Health Health CenterCenter
To advocate for quality and To advocate for quality and productivity improvement and productivity improvement and showcase best PIPs among showcase best PIPs among MSMEs in agribusiness, MSMEs in agribusiness, services and industryservices and industry
Started in 2008Started in 2008 National/regional award every 2 National/regional award every 2
yrsyrs 26 national winners; 111 26 national winners; 111
regional winnersregional winners Incentives: P100,000 cash for
national winners, trophy, use of PO logo, priority endorsement to productivity trainings
PRODUCTIVITY OLYMPICSPRODUCTIVITY OLYMPICS
National National Wages and Wages and Productivity Productivity Commission Commission
Most Outstanding LMCs for Industrial Peace
To recognize companies with To recognize companies with well-established mechanisms well-established mechanisms to improve labor relations to improve labor relations within the workplacewithin the workplace
Started in 1999Started in 1999 National award given every 2 National award given every 2
yearsyears 26 winners (with 2 Hall of 26 winners (with 2 Hall of
Fame); total of 92 nomineesFame); total of 92 nominees Incentives: Plaque and Incentives: Plaque and
P25,000 cash (in 2011)P25,000 cash (in 2011)
National National Conciliation Conciliation and and Mediation Mediation BoardBoard
Levels of ICP Award
Secretary’sAward
Tripartite Seal of
Excellence Seal
of Good Housekeeping
TCCLS TCCLS + 2 TCCLS + 4TCCLS + 4
KAPATIRAN WISE-TAV
Department Order No. 06-11
Kapatiran WISE-TAV
Channel the resources for CSR of large companies in assisting their service providers in their GLS and OSH needs
Capacitate their service providers to improve their working conditions and subsequently achieve higher productivity
Enable their service providers to eventually be compliant with GL and OSH Standards and other labor laws
OBJECTIVE
Compliant with general labor standards (GLS)
Compliant with occupational safety and health (OSH)
Increased productivity
PROJECT MISSION
Kapatiran WISE-TAV Process Flow IDENTIFY POTENTIAL BIG BROTHER (BB)
ROs shall identify based on criteria set
INVITE TO JOIN THE PROGRAM w/in 30 days from the issuance of NIR or selection
Submit Enrollment Form and list within 5 days from receipt of invitation
CONDUCT ORIENTATION TO BB AND SMALL BROTHER (SB) 10 days from receipt of enrollment form
CONDUCT COMPLIANCE ASSESSMENT OF SB BY COMPLIANCE ASSESSMENT TEAM (CAT) within 10 days after orientation.
- Utilize checklist (KWT Form Nos. 2 and 3)
- Explain to SB result of assessment and furnished it with copy of accomplished checklists
- Advise the SB and BB on ways to effect necessary correction / restitution
- Formulate Action Plan and indicate necessary corrective measure/s and date of correction.
- Remediation Period : When? Within reasonable time but in no case exceed 6 months from time SB received copy of accomplished checklist.
MOA SIGNING
CONDUCT FOLLOW - UP VISIT
Refer to TCC for issuance of TCCLS Issue NIR to SBYes No
Remediation Period• Conduct of appropriate Training
SALIENT DISTINCTIONS OF THE RULES ON THE DISPOSITION OF LABOR STANDARDS CASES AND THE LABOR LAWS COMPLIANCE SYSTEM
PROVISION D.O. 131-13(New Rules)
D.O. 57-04(Old Rules)
Terminology:Assessment, Compliance Occupational Safety and Health Investigation(Rule II)
Joint Assessment/Compliance Visit/Occupational Safety and Health Investigation
Routine Inspection/Complaint Inspection/ Accident Investigation
Result of Assessment(Rule II)
Notice of Results Notice of Inspection Results
DOLE Officer authorized to conduct inspection(Rule II)
Labor Laws Compliance Officer (LLCO)
Labor Regulation/Employment Officer
SALIENT DISTINCTIONS OF THE RULES ON THE DISPOSITION OF LABOR STANDARDS CASES AND THE LABOR LAWS COMPLIANCE SYSTEM
PROVISION D.O. 131-13(New Rules)
D.O. 57-04(Old Rules)
DOLE Toolbox of Programs and Services(Rule III)
Information drive of DOLE programs and offer of technical assistance
No provision
Feedback mechanism(Rule III)
Tripartite mechanism utilized to ascertain impact of LLCS to the local economy compliance to labor laws and possible enhancement of the system.
No provision
Establishments engaged in contracting and subcontracting arrangement; and establishments employing at least ten (10) workers(Rule IV)
Part of priority establishments for joint assessment
Not priority for routine inspection
SALIENT DISTINCTIONS OF THE RULES ON THE DISPOSITION OF LABOR STANDARDS CASES AND THE LABOR LAWS COMPLIANCE SYSTEM
PROVISION D.O. 131-13(New Rules)
D.O. 57-04(Old Rules)
Remediation Period(Rule IV)
For OSHS violations involving non-imminent danger situation/no PPE, a remediation period of not more than 3 months shall be given to the employer
No provision
Period of Compliance(Rule IV, V & VI)
Joint Assessment :10 days – GLS3 months remediation period – OSHS Compliance Visit:10 days – GLS and OSHSOccupational Safety and Health Standards Investigation
7 days to restitute
Filing of appropriate Criminal Action (Rule IV, V & VI)
Expressly provided pursuant to Article 288 of the LCP
No provision
SALIENT DISTINCTIONS OF THE RULES ON THE DISPOSITION OF LABOR STANDARDS CASES AND THE LABOR LAWS COMPLIANCE SYSTEM
PROVISION D.O. 131-13(New Rules)
D.O. 57-04(Old Rules)
Failure of SEnA proceedings while employer-employee relationship exists(Rule V)
Compliance visit is conducted after the failure of SEnA proceedings
No provision
Composite team(Rule VI)
LLCO shall recommend the creation of a composite team if the gravity of the incident requires technical assistance
No provision
Recognition of compliant establishment(Rule VII)
Expressly recognizes establishments who are compliant with labor laws
No provision
SALIENT DISTINCTIONS OF THE RULES ON THE DISPOSITION OF LABOR STANDARDS CASES AND THE LABOR LAWS COMPLIANCE SYSTEM
PROVISION D.O. 131-13(New Rules)
D.O. 57-04(Old Rules)
Conduct of mandatory conference(Rule VIII)
Within ten (10) days from receipt of the Notice of Results or after the lapse of the period of correction in Compliance Visit
No provision when to start the mandatory conference
Motion for Reconsideration
No Motion for Reconsideration from Compliance Order
Aggrieved party may file a Motion for Reconsideration from the Compliance Order
Notice of Finality(Rule IX)
If appeal not perfected, the RD shall issue a Notice of Finality instead of transmitting the appeal to the OSEC
Even if appeal not perfected, case record transmitted to the OSEC for Issuance of an Order
SALIENT DISTINCTIONS OF THE RULES ON THE DISPOSITION OF LABOR STANDARDS CASES AND THE LABOR LAWS COMPLIANCE SYSTEM
PROVISION D.O. 131-13(New Rules)
D.O. 57-04(Old Rules)
Verification proceedings of compromise agreement(Rule X)
Regional Director or his duly authorized representative will verify the compromise agreement not executed in his/her presence.
No provision
Motion to Reduce bond(Rule XI)
Expressly provided that a Motion to Reduce Bond is not allowed
No provision
PROVISION D.O. 131-13(New Rules)
D.O. 57-04(Old Rules)
Motion to Quash Writ of Execution(Rule XII)
Filing of MTQ shall not suspend execution proceedings.
It shall be deemed not filed
No provision
Pre-Execution Conference(Rule XII)
Within 2 days from receipt of motion, the RD shall schedule a pre-execution conference
No provision
SALIENT DISTINCTIONS OF THE RULES ON THE DISPOSITION OF LABOR STANDARDS CASES AND LABOR LAWS COMPLIANCE SYSTEM
PROVISION D.O. 131-13(New Rules)
D.O. 57-04(Old Rules)
Unclaimed Amount(Rule XII)
Such amount shall be held as special fund by the DOLE for exclusive use of the employees
No provision