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Marquez
IV. Wage Enforcement and Recovery
Enforcement Tools: authority granted under this Article, and no inferior court
A. Visitorial & Enforcement Power (Art. 128 as or entity shall issue temporary or permanent injunction or
amended by RA7730); Jurisdictional restraining order or otherwise assume jurisdiction over
requisites, Scope and Limitation; any case involving the enforcement orders issued in
accordance with this Article.
Secretary of Labor and Employment or his duly 1. To inculcate a culture of voluntary compliance with
authorized representatives shall have the power to issue labor laws
compliance orders to give effect to the labor standards 2. To encourage the use of settlement in all labor cases
provisions of this Code and other labor legislation based 3. To ensure fair, expeditious, and non-litigious
on the findings of labor employment and enforcement settlement of disputes
officers or industrial safety engineers made in the course 4. To strengthen tripartism among employers,
of inspection. The Secretary or his duly authorized employees, and the government.
except in cases where the employer contests the findings 1. Joint Assessment
of the labor employment and enforcement officer and • evaluation done by a DOLE Labor Law Compliance
raises issues supported by documentary proofs which Officer (LLCO) jointly with employer and employee
were not considered in the course of inspection. (As representatives to verify extent of observance of
amended by Republic Act No. 7730, June 2, 1994).
labor regulations.
2. Compliance Visit
An order issued by the duly authorized representative of • DOLE regional office’s action in response to a
the Secretary of Labor and Employment under this Article complaint filed against an establishment or to a
may be appealed to the latter. In case said order involves referral from a SEnA Officer.
a monetary award, an appeal by the employer may be 3. Occupational Safety and Health Standards
perfected only upon the posting of a cash or surety bond Investigation
issued by a reputable bonding company duly accredited • investigation of compliance with safety and health
by the Secretary of Labor and Employment in the amount standards to obviate sources of accidents or
equivalent to the monetary award in the order appealed dangers in the work place.
from. (As amended by Republic Act No. 7730, June 2, • OSHSI findings may necessitate immediate
1994)
abatement of danger
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Labor Standards | Atty. Marquez
IV. Wage Enforcement and Recovery
and enforcement officers or industrial safety engineers
made in the course of inspection. (Cirneo Bowling Plaza Art. 129. Recovery of wages, simple money claims and
vs. Gerry Sensing) other benefits.
People’s Broadcasting vs Sec. of DOLE Upon complaint of any interested party, the Regional
Unmistakably, the intention of R.A. No. 7730 is to Director of the Department of Labor and Employment or
broaden the extent and heighten the effectiveness if the any of the duly authorized hearing officers of the
enforcement power of the regional director, he being the Department is empowered, through summary proceeding
government’s regional representative “to give effect to and after due notice, to hear and decide any matter
the labor standard provisions of the Labor Code and involving the recovery of wages and other monetary
other labor legislation.
claims and benefits, including legal interest, owing to an
employee or person employed in domestic or household
Determining the existence of employer-employee service or househelper under this Code, arising from
relationship should be comprehensive and intensive and employer-employee relations: Provided, That such
therefore better left to the specialized quasi-judicial body complaint does not include a claim for reinstatement:
that is the NLRC. In short, the NLRC’s labor arbiter, not Provided further, That the aggregate money claims of
the DOLE regional director, is the proper competent each employee or househelper does not exceed Five
authority to say whether one is an employee or not.
thousand pesos (P5,000.00). The Regional Director or
hearing officer shall decide or resolve the complaint
The existence of an employer-employee relationship is a within thirty (30) calendar days from the date of the filing
matter which is not easily determinable from an ordinary of the same. Any sum thus recovered on behalf of any
inspection, necessarily so, because the elements of such employee or househelper pursuant to this Article shall be
relationship are not verifiable from a mere ocular held in a special deposit account by, and shall be paid on
inspection. (People’s Broadcasting vs Sec. of DOLE G.R. order of, the Secretary of Labor and Employment or the
No. 179652, May 08, 2009) Regional Director directly to the employee or househelper
concerned. Any such sum not paid to the employee or
Before the DOLE may exercise its powers under Art. 128, househelper because he cannot be located after diligent
two important questions must be resolved:
and reasonable effort to locate him within a period of
1. Does employer-employee relationship still exist, or three (3) years, shall be held as a special fund of the
alternatively, was there ever an employer-employee Department of Labor and Employment to be used
relationship to speak of?
exclusively for the amelioration and benefit of workers.
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Labor Standards | Atty. Marquez
IV. Wage Enforcement and Recovery
Cases arising from any violation of Article 264 of this and voluntary arbitration, as may be provided in said
Code, including questions involving the legality of strikes agreements.
compliance with
The Commission shall have exclusive appellate labor standards.
Limits the
jurisdiction over all cases decided by Labor Arbiters.
Nature and proceedings to
Subject of the Enforcement of monetary claims.
b) Termination disputes;
Employees still Present or past
in the service employees but
Workers
c) If accompanied with a claim for reinstatement, those there is no
Involved
cases that workers may file involving wages, rates of demand for
pay, hours of work and other terms and conditions of reinstatement
employment;
establishments not voluntarily settled by the parties 1. Labor arbiter; and may be appealed to
pursuant to Republic Act No.6727;
2. The National Labor Relations Commission (NLRC);
and may be appealed to
i) Enforcement of compromise agreements when there 3. The Court of Appeals (CA); and may be appealed to
is non-compliance by any of the parties pursuant to 4. The Supreme Court (SC)
Article 227 of the Labor Code, as amended; and
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Labor Standards | Atty. Marquez
IV. Wage Enforcement and Recovery
Article 128
SECTION 11. Fees from employers. — The Board shall
(3) The Secretary of Labor and Employment may likewise collect from shipping companies fees to cover
order stoppage of work or suspension of operations of reasonable expenses of recruitment and placement of
any unit or department of an establishment when non- seamen hired through the Board.
desire to resume his work not later than one (1) month
from the resumption of operations of his employer or Civil Code. Article 2028.
It shall be unlawful for any person or entity to obstruct, Section 2. Complaint inspection. – All such complaints
impede, delay or otherwise render ineffective the orders shall immediately be forwarded to the Regional Director
of the Secretary of Labor and Employment or his duly who shall refer the case to the appropriate unit in the
authorized representatives issued pursuant to the Regional Office for assignment to a Labor Standards and
authority granted under this Article, and no inferior court Welfare Officer(LSWO) for field inspection.When the field
or entity shall issue temporary or permanent injunction or inspection does not produce the desired results, the
restraining order or otherwise assume jurisdiction over Regional Director shall summon the parties for summary
any case involving the enforcement orders issued in investigation to expedite the disposition of the case.The
accordance with this Article.
investigation shall be concluded within fifteen (15)
calendar days from the date of the first hearing and a
Maintenance of Employment Records Art. 129 (f)
proposed Order disposing of the case shall be submitted
The Secretary of Labor and Employment may, by to the Regional Director within three (3) calendar days
appropriate regulations, require employers to keep and from the conclusion of the investigation.
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Labor Standards | Atty. Marquez
IV. Wage Enforcement and Recovery
Appeal Procedure
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