Republic of the Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT

Regional Office No. VII
3rd & 4th Floors DOLE-7 Bldg.,
Gen. Maxilom Ave.corner Gorordo Ave., Cebu City
Tel. Nos. (032) 266-9722 / 266-0500 / 234-3318 / 266-7424 / 266-0811 / 236-6795 / 253-0636
Fax (032) 416-6167 / 266-2792
www.ro7.dole.gov.ph / www.dole7.com.ph
dole_centralvisayas@yahoo.com

IN THE MATTER OF ROUTINE INSPECTION CASE NO.

AT ALMIDAL SKIN CARE (DR. ALVIN) RO07-03-RI-2019-01-0024/SOT
AND/OR OWNER JANELYN MILANO,
OWNER
x---- ------------------------x

ORDER

This pertains to the findings on General Labor Standards (GLS) and Occupational Safety
and Health Standards (OSHS) deficiencies as a result of the Routine Inspection conducted by this
Office on September 20, 2018 at the above-named establishment, pursuant to Article 128 of the
Labor Code of the Philippines, as amended.

Result of the Routine Inspection showed that the subject establishment has the
following deficiencies:

On GENERAL LABOR STANDARDS:

1. Underpayment of wages affecting, worker
 Maiky A. Sua
2. Nonpayment of the following:
a. Overtime Pay
b. Rest Day/Special Day Premium Pay
c. Regular Holiday Pay
d. 13th Month Pay
3. No available Document on the following
a. Payslip/Payroll
b. Proof of Remittances on SSS, PHILHEALTH, and PAG-IBIG

On OCCUPATIONAL SAFETY AND HEALTH STANDARDS:

1. NO REGISTRATION OF ESTABLISHMENT UNDER RULE 1020 OF OSHS

Based on the computation of this Office, the employee was found to be entitled to receive
the total amount of SEVENTY-EIGHT THOUSAND THREE HUNDRED EIGHTEEN
(P78,318.00).

Period: September 21, 2017 to September 20, 2018

 Min. Wage Actual Deficiency Number of TOTAL
UNDERPAYMENT W.O. 20 Rate/Day Days
(Php) (Php) (Php) (days) (Php)
323.00 300.00 23.00 365.00 8,395.00

Min. OT OT Number TOTAL

OVERTIME Wage Rate/HR. Deficiency HOURS of Days
PAY W.O. 19 per DAY
(Php) (Php) (Php) (hrs.) (days) (Php)
323.00 50.47 50.47 3.00 365.00 55,263.28

Min. Wage HOLIDAY Deficiency Number of TOTAL

HOLIDAY PAY W.O. 19 PAY Holidays
(Php) (Php) (Php) (days) (Php)
323.00 323.00 3,876 12.00 3,876

Min. PREMIUM Number TOTAL

PREMIUM Wage PAY Actual Deficiency of Days
PAY (Rest W.O. 19 Rate per
Day Duty and Day
Special Day (Php) (Php) (Php) (Php) (days) (Php)
Duty) 323.00 419.90 300.00 119.90 52.00 6,234.80

Min. Non Payment of 13th Month Pay Number TOTAL

13TH Wage of Days
MONTH PAY W.O. 19
(Php) (Php) (days) (Php)
323.00 0.00 365.00 8,424.92

Min. Non Payment of Service Incentive Number TOTAL

SERVICE Wage Leave of Days
INCENTIVE W.O. 19
LEAVE (Php) (Php) (days) (Php)
323.00 NA 5.00 0.00
 TOTAL 78,318.00

The Notice of Result (NR) containing the findings of this office was furnished in the above-
named establishment on September 20, 2018 containing the following directive: Any questions
on the above findings shall be submitted to this Office within five (5) days and correction thereof
shall be done within ten (10) days for GLS deficiencies and within the maximum period of three
(3) months for OSHS deficiencies from receipt of this Notice. This notice shall be posted
conspicuously in the premises of the workplace. Unauthorized removal of this Notice by any
person shall be dealt with law.

Mandatory conferences were schedule on March 7, 2019 and March 19, 2019.

On March 19, 2019, respondent and worker appeared and was informed of the conference’
resetting to March 28, 2019 due to intervening activities/inspector’s meeting and regional
consultation.

On March 28, 2019, both parties appeared and respondent manifested that she failed to
appear due to her baby’s hospitalization. She will submit documents to refute the computation of
the inspection on April 2, 2019.

To date, records showed that the respondent had submitted required documents
(employee’s payroll and daily time record for the period stated above) as proof of payment of the
required deficiencies of the noted GLS deficiencies. Respondent submitted documents to refute
the computation of the inspector on April 2, 2019.

No records will show that management submitted the proof of Registration of

Establishment under Rule 1020 OF OSHS. No proof of payment of SSS and PhilHealth
contributions.

WHEREFORE, premises considered, ALMIDAL SKIN CARE AND/OR JANELYN MILANO,

OWNER, is hereby ordered to submit before this office within ten (10) days from receipt hereof
proof of payment of SSS and PhilHealth contributions and proof of Registration of Establishment
under Rule 1020 OF OSHS.

With regard to Social Welfare Benefits, let copies of this order be furnished the Social
Security System and Philippine Insurance System or PhilHealth offices.

Cebu City, Philippines, __________________.

ATTY. JOHNSON G. CAÑETE, CESO III

Regional Director