Labor issue complaint

Subtitle

Situation
Juana, a Gaisano cashier, comes to you, a desk officer,
at the regional office of the DOLE with a concern that
her employer has not given her overtime pay for the
past months. She has already talked to her employer
and relayed that the employer would not compensate
her for some reason. What steps are needed in relation
to Art 128 and 129, LC?

Interview Juana to
ascertain facts

Determine if
case involves
Art 128(b) or
129
Art 128.

SOLE or duly authorized

representatives (RD)

Exercise of Visitorial and

Enforcement Powers

Inspection of cases
involving any violation of
Labor standard law

When EE-ER still exists

Inquisitorial in nature

Art 129

Regional Director of
DOLE or any duly
authorized hearing
officer

Exercise adjudicatory
powers over money
claims

Money claims not

exceeding P5,000

EE-ER may or may not

exist

Report of
noncompliance

EN
D

Submit report to
the Regional
Director
-

Determine if
report needs
investigation
and
inspection

RD issue Order
of inspection

DOLE Inspection
Officer

- Inspection authority directing

the duly authorized labor
inspector to conduct inspection

Be joined by
representatives of the
workers
Right to submit own
findings and to
testify if he does not
concur with findings
Examine documents
Interview workers
Document the inspection
results

Inspection at
worksite

Opening
Conference
Records Review
Walk-around Plant
Closing
Conference

Issue Notice of
Inspection (ER,
EE)

Determine
from
inspection of
violation
exists

CA

SOLE resolution
Final and
executory within
10 calendar
days
Transmitted from
RO to Office of
SOLE
Within 3 days
-

Filed with RO
which issued the
order
Failure to file
within period waiver
Requisites:
File within
period
Under oath
with proof of
service with
RD MOA
resolve
within 10 days
of receipt

Writ of execution

CO final and
executory
After 10 days

Where the issues cannot be

resolved without
considering evidentiary
matters that are not
verifiable in the normal
course of inspection, RD
shall endorse case to
appropriate Branch of NLRC

EN
D

Appeal to SOLE
Within 10 days
from receipt of
order
Denied
?

MFR
Within 7 days of
receipt of order

Issue Notice of
Inspection to ER,
EE

With amount to
be resitituted

Restitutions
not exceeding
P50,000 may
be at plant
level
Report sent to
RD for
confirmation
If not in order,
may direct
LSED Chief to
check
correctness

ER given
opportunity to
comply within 7
days

Complie
d?

Contes
t?

Issue Order of
compliance

Summary
Investigation by
Regional Director

Within 10 calendar
days

Complie
d?

EN
D

COMPLAINT FOR
MONEY CLAIM

Requisites
-

Submitted to RD
within 3 days

Claim presented by an employee, or a person

employed in the domestic or household
service, or house helper
Claim arises from ER-EE relationship
Claimant does not seek reinstatement
Aggregate money claim of each claimant does
not exceed P5000

RD issues
summons to ER;
copy to EE
ER given 5
calendar days to
answer
complaint

After answer, RD
call for summary
hearing

CA

RD decide in 30
days from filing
of complaint

ER appeal to
NLRC within 5
calendar days from
receipt

NLRC resolve
appeal within 10
calendar days from
last pleading

DIFFERENCES
Art. 128 (b)

Art 129

Nature and
subject of
proceedings

Inspection of establishments and

issuance of orders to compel
compliance with labor standards
Labor legislation in general
Offshoots of inspection done by labor
officer

Refers to adjudication, through

summary proceedings after notice and
hearing, of Ees claims for wages
Limits to monetary claims
Initiated by sworn complaints

Workers involved

Employees still in service

Present or past employees at time of

complaint

Jurisdictional
limits

Law fixes no monetary amount for

exercise

Amount of money claim should not

exceed p5000

Officers
designated

SOLE or any of his duly authorized

RD or any duly authorized hearing
representative who may or may not be officer of DOLE
the RD

Appealable to

SOLE

NLRC