Regulatory Updates:

DOLE Rules

22 September 2017
Makati Diamond Residences

© 2017 Punongbayan & Araullo. All rights reserved.

Table of Contents

• About P&A Grant Thornton

The Firm
The Academy
• Presentation Handouts
Pre-employment
Post- employment

© 2017 Punongbayan & Araullo. All rights reserved.

About P&A Grant Thornton

The Firm
Dynamic organizations can achieve great things with the right support. You need advisers that deeply understand your business, your
industry and your wider agenda for growth. Our capabilities, expertise and culture make us perfectly placed to fill that role.

We believe that P&A Grant Thornton is the only organization that can offer the powerful combination of true scale, excellent service and
effective relationships to deliver added value to your business.

Who we are
Belonging to a $4.7 billion global organization with member firms in more than 130 countries, we have the scale to meet your changing
needs, but with the insight and agility that helps you stay one step ahead. Our brand is recognized and respected the world over. We
are one of the major global accounting organizations recognized by capital markets, regulators and international standards setting
bodies worldwide.

We provide the unique combination of:

- global scale and technical excellence

- dedicated attention from partners and senior professionals
- an agile and responsive service model
- a genuine interest in unlocking your potential for growth.

© 2017 Punongbayan & Araullo. All rights reserved.

How we work

We’re big on capabilities yet customized and collaborative. We invest the time to truly understand your business, giving real insight and
a fresh perspective to keep you moving. We are agile, not bureaucratic, with shorter decision-making chains and empowered teams; so
you get the outcomes you need when speed matters.

Why we do this

We have a genuine interest in helping you to unlock your potential for growth. Whether it’s growing shareholder value, improving
operational efficiency or building investor confidence, we balance a desire to do what’s best for you in the future with an instinctive
sense of what’s going to help you now.

The Academy
We understand that people are key to unlocking your growth. In P&A Grant Thornton Academy, we craft programmed that are
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We have assembled a pool of experts who have extensive experience in equipping and preparing your people so they can help you
achieve your goals.

© 2017 Punongbayan & Araullo. All rights reserved.

Bureau of Working Conditions
Department of Labor and Employment

GENERAL
LABOR
STANDARDS
WHAT ARE LABOR STANDARDS?
 minimum requirements
prescribed by existing laws, rules
and regulations relating to wages,
hours of work, allowances and
other monetary and welfare
benefits, including those set by
occupational safety and health
standards.
GENERAL LABOR STANDARDS
 Minimum Wage
 Holiday Pay (Art. 94)
 Premium Pay (Art. 91-93)
 Overtime Pay (Art. 87)
 Night shift Differential (Art. 86)
 Service Charges (Article 96)
 Service Incentive Leave (Article 95)
 Maternity Leave (RA 1161, as amended)
GENERAL LABOR STANDARDS
 Paternity Leave (RA 8187)
 Parental Leave for Solo Parents (RA 8972)
 Leave for Victims of VAWC (RA 9262)
 Special Leave for Women (RA 9710)
 13th Month Pay (PD 851)
 Separation Pay (Art. 298-299)
 Retirement Pay (Art. 302)
 Social Welfare Benefits
DAILY MINIMUM WAGE RATES - NCR
COLA New Basic New COLA New Minimum
Sector/Industry Basic Wage Integration Wage Wage Rates

Non-Agriculture P 466.00 P 15.00 P 481.00 P 10.00 P 491.00

Agriculture (Plantation and Non- P 429.00 P 15.00 P 444.00 P 10.00 P 454.00

Plantation)

Retail/Service Establishments P 429.00 P 15.00 P 444.00 P 10.00 P 454.00

employing 15 workers or less

Manufacturing Establishments P 429.00 P 15.00 P 444.00 P 10.00 P 454.00

regularly employing less than 10
workers

Per Wage Order No. NCR-20 (Effective: 2 June 2016)

DAILY MINIMUM WAGE RATES - NCR
Basic Wage New Minimum
Sector/Industry Basic Wage New Basic Wage COLA
Increase Wage Rates
Non-Agriculture ₱481.00 ₱21.00 ₱502.00 ₱10.00 ₱512.00
Agriculture
(Plantation and Non Plantation)

Retail/Service Establishments
employing 15 workers or less
₱444.00 ₱21.00 ₱465.00 ₱10.00 ₱475.00

Manufacturing Establishments
regularly employing less than
10 workers

Per Wage Order No. NCR-21 (Effective: 5 October 2017)

NORMAL HOURS OF WORK
 eight (8) hours a day

Hours worked shall include:

 All time during which an employee is required to
be on duty or to be at a prescribed workplace.

 All time during which an employee is suffered or

permitted to work.
MEAL AND REST PERIODS

 60 minutes time-off for regular

meals are non-compensable.

 Rest periods or coffee breaks

(5-20 minutes) are compensable
working time.
WEEKLY REST DAY
 24 hours after 6 workdays
 The employer shall determine and
schedule the weekly rest day.
 He shall respect the preference of
employees when such preference is
based on religious grounds.
USE OF FACTORS
Monthly-Paid Employees vs Daily-Paid Employees

 Monthly-Paid Employees - those

who are paid every day of the
month, including unworked rest
days, special days and regular
holidays.
USE OF FACTORS
Monthly-Paid Employees vs Daily-Paid Employees

 Daily-Paid Employees - those who are

paid on the days they actually worked
except unworked regular holidays
when they are paid their basic wage if
they are present or on leave with pay
on the working day before the regular
holiday.
 REGULAR HOLIDAYS
NOT applicable to workers of retail & service establishments regularly employing less
than 10 workers
Holiday Pay - payment of daily wage for any unworked
regular holiday.
 if unworked - 100% of the daily wage
 if worked - 200% of the daily wage
- 200% + 30% or a total of 260%
(regular holiday falling on rest day)

Condition for entitlement:

 present or on leave with pay on the workday prior to
the holiday.
REGULAR HOLIDAYS
Absences
 On leave without pay on the workday prior to holiday
 not entitled to holiday pay unless they worked
on regular holiday.

 Where the day prior to holiday is a non-working day in

the establishment or the scheduled rest day of the
employee, he shall not be deemed to be on leave of
absence on that day, in which case he shall be entitled
to the holiday pay if he worked on the day immediately
preceding the non-working day or rest day.
REGULAR HOLIDAYS [ RA 9849 ]
1. New Year’s Day January 1
2. Maundy Thursday Movable date
3. Good Friday Movable date
4. Araw ng Kagitingan Monday nearest April 9
5. Labor Day Monday nearest May 1
6. Independence Day Monday nearest June 12
7. National Heroes Day Last Monday of August
8. Bonifacio Day Monday nearest Nov. 30
9. Eidul Fitr Movable date
10. Eidul Adha Movable date
11. Christmas Day December 25
12. Rizal Day Monday nearest Dec. 30
REGULAR HOLIDAYS for 2017
(PROCLAMATION NO. 50)
1. January 1, 2017, Sunday
2. April 9, 2017 , Sunday
3. April 13, 2017
4. April 14, 2017
5. May 1, 2017, Monday
6. June 12, 2017, Monday
7. June 26, 2017 , Monday
8. August 28, 2017, Monday
9. November 30, 2017, Thursday
10. December 25, 2017, Monday
11. December 30, 2017, Saturday
12. Date to be announced
– New Year’s Day
– Araw ng Kagitingan
– Maundy Thursday
– Good Friday
– Labor Day
– Independence Day
– Eidul Fitr
– National Heroes Day
– Bonifacio Day
– Christmas Day
– Rizal Day
– Eidul Adha
SPECIAL DAYS
Premium Pay - additional compensation for work
performed within 8 hours on a special day.
 if unworked - no pay, unless there is favorable
company policy, practice or CBA
 if worked - plus 30%
- plus 50% [special day falling on rest day]

National Special Days (RA 9849):

 Ninoy Aquino Day Monday nearest Aug. 21
 All Saints Day November 1
 Last Day of the Year December 31
SPECIAL HOLIDAYS for 2017
(PROCLAMATION NO. 50)
1. January 28, 2017, Saturday
2. February 25, 2017, Saturday
3. April 15, 2017
4. August 21, 2017, Monday
5. October 31, 2017, Tuesday
6. November 1, 2017, Wednesday
7. December 31, 2017, Tuesday
– Chinese New Year
– EDSA People Power Revolution
– Black Saturday
– Ninoy Aquino Day
– Additional Special
– All Saints Day
– Last day of the year
SPECIAL WORKING DAYS
 For work performed, an employee is
entitled only to his basic rate.

 No premium pay is required since work on

said days is considered work on ordinary
working days.

e.g. RA 9645 [Commemoration of the

Founding Anniversary of Iglesia ni Cristo]
* Special National Working Holiday
OVERTIME PAY [ ART. 87 ]

 additional compensation for work

performed beyond 8 hours.

 25% - ordinary work days

 30% - rest days, special days and
regular holidays
 NIGHT SHIFT PAY [ ART. 86 ]
NOT applicable to workers of retail & service establishments regularly employing not
more than 5 workers

 additional compensation for

work performed between 10 pm
and 6 am.

 10% or regular for each hour

of work
SERVICE CHARGES [ART. 96]

 85% for employees to be divided equally

 15% for management to answer for
losses and breakages and for
distribution to managerial employees.
 Service Charges are collected by most
hotels and some restaurants, nightclubs,
cocktail lounges, among others.
PAYMENT OF WAGES
Forms of Payment
 in Philippine Peso

 Payment by check or thru ATM - allowed based on

the following conditions:
 with written consent of employees.
 bank or ATM facility within 1 km from workplace.
 Employees are given reasonable time during
banking hours to withdraw wages from bank
facility.
PAYMENT OF WAGES
Time of Payment
once every 2 weeks or twice a month at
intervals not exceeding 16 days

Place of Payment
at the workplace

Payment of Wages
direct to the employee
PAYMENT OF WAGES
Exceptions:
 Employer is authorized in writing by
employee to pay wages to a member
of his family.
 Payment to another person of any part
of the employee’s wages is authorized
by existing law.
 Employee’s death.
WAGE DEDUCTION
 Employer should not make any deduction from wages
of employees.
Exceptions:
 authorized by law.
 With written authorization of
employees for payment to a third
person and the employer agrees
to do so.
SERVICE INCENTIVE LEAVE [ ART. 95 ]
NOT applicable to workers of retail & service establishments regularly employing less
than 10 workers

 5 days leave with pay for employees who

rendered 1 year of service

Usage/Commutation to Cash:
 for sick and vacation leave purposes.
 The unused SIL is convertible to cash at
the end of the year.
MATERNITY LEAVE [ RA 8282 ]
Coverage
 Female employee who has paid at least 3-
monthly contributions in the 12-month period
prior to child birth or miscarriage, and who is
currently employed.
Benefit
 The daily maternity benefit is equivalent to 100%
of her average daily salary credit.
 60 days for normal delivery or miscarriage
 78 days Caesarian section delivery
PATERNITY LEAVE [ RA 8187 ]
Coverage Benefit
 MARRIED male employees

Benefit
 7 days leave with pay for the 1st four
deliveries of his lawful wife.

Conditions for entitlement

 employee at the time of delivery of his child.
 cohabiting with spouse at the time of delivery or miscarriage.
 applied for paternity leave w/n reasonable period.
 his wife has given birth or suffered a miscarriage.
PARENTAL LEAVE of SOLO PARENTS
[ RA 8972 ]
Coverage
 Any individual under the 10 categories provided by
law.
Benefit
 7 working days with pay
Conditions for entitlement
 rendered 1 year of service.
 notified employer of usage w/n a reasonable time.
 presented a Solo Parent ID Card to employer which
may be obtained from the DSWD Office of the City
or municipality of residence.
10 CATEGORIES
giving birth as a spouse is detained,
result of rape or or is serving
crimes against sentence for a
chastity criminal conviction
for at least 1 year

physical and/or
mental incapacity of
death of spouse spouse as certified by
a public medical
practitioner
10 CATEGORIES
declaration of
abandonment
nullity or
of spouse for
annulment of
at least 1 year
marriage

Unmarried mother/
legal separation father who has
or de facto preferred to keep
separation from and rear the
spouse for at children instead of
least 1 year having others care
for them
10 CATEGORIES
Any other person who solely
provides parental care and
support to a child provided
he/she is licensed as foster
parent or appointed legal
guardian
Any family member who assumes
the responsibility of head of
family as a result of the death,
abandonment, disappearance or
prolonged absence of the parents
or solo parent for at least 1 year
LEAVE FOR VICTIMS OF VAWC [ RA9262 ]
Violence Against Women & their Children
(VAWC)
any act or a series of acts committed by any person
against a woman with whom the person has or had a
sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate
or illegitimate, within or without the family abode,
which will result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic
abuses including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of
liberty.
LEAVE FOR VICTIMS OF VAWC [ RA9262 ]
Benefit
 leave with pay up to 10 days, extendible when the
necessity arises as specified under the protection
order.
Requirement for entitlement
 certification from the Punong Barangay or kagawad, or
Prosecutor or the Clerk of Court, as the case may be,
that an action is pending.
 Availment – option of the woman employee
Circumstances for availment
 Medical and legal concerns
SPECIAL LEAVE FOR WOMEN
SEC. 18. Special Leave Benefits for Women. – A woman employee having
rendered continuous aggregate employment service of at least six (6)
months for the last twelve (12) months shall be entitled to a special
leave benefit of two (2) months with full pay based on her gross
compensation following surgery caused by gynecological disorders.

Signed into law by PGMA : August 14, 2009

Published at PDI & Malaya : August 31, 2009
Took effect on : September 15, 2009
DEFINITION OF TERMS
“Gynecological disorders” – those that would
require surgical procedures such as, but not limited
to, dilatation and curettage and those involving
female reproductive organs such as the vagina,
cervix, uterus, fallopian tubes, ovaries, breast,
adnexa and pelvic floor, as certified by a competent
physician.

“Gynecological surgeries” – include hysterectomy,

ovariectomy, and mastectomy.
DEFINITION OF TERMS
“At least six (6) months continuous aggregate
employment service for the last twelve (12)
months prior to surgery” – the woman
employee should have been with the company
for twelve (12) months, prior to surgery. An
aggregate service of at least six (6) months
within the said 12-month period is sufficient to
entitle her to avail of the special leave benefit
(SLB).
CONDITIONS FOR ENTITLEMENT
 rendered at least 6 months continuous
aggregate employment service for the
last 12 months prior to surgery
 filed application within reasonable period
from the expected date of surgery or as
may be provided by company rules or by
CBA
 undergone surgery due to gynecological
disorders as certified by a competent
physician
APPLICATION FOR SPECIAL LEAVE

Prior application for leave is not necessary

in emergency cases, provided that
employer shall be notified verbally or in
writing within a reasonable period and
provided further that after the surgery or
appropriate recuperating period, the
female employee shall immediately file her
leave application.
NON-COMMUTATION OF BENEFIT

The special leave is non-cumulative

and non-convertible to cash unless
otherwise provided by CBA
THE SPECIAL LEAVE BENEFIT
 The two (2) months special leave is the
maximum period of leave with pay
 For purposes of determining the
period of leave with pay that will be
allowed to a woman employee, the
certification of a competent physician
as to the required period of
recuperation shall be controlling.
FREQUENCY OF AVAILMENT
 A woman employee can avail of
the special leave benefit for
every instance of surgery due to
gynecological disorder for a
maximum total period of two (2)
months per year.
SLB VS SSS SICKNESS LEAVE
 DIFFERENT from the SSS sickness benefit
 SLB is granted by the employer to a woman
employee who has undergone surgery due to
gynecological disorder in accordance with RA 9710.
 The SSS sickness benefit is administered and given
by the SSS in accordance with the SSS law or RA1161
as amended by RA 8282.
SLB VS EXISTING STATUTORY LEAVES

 an ADDITION to the leave benefits

granted under existing laws.
 The grant of the special leave
benefit under the law is in
recognition of the fact that
patients with gynecological
disorder needing surgery require
a longer period for recovery.
SLB VS MATERNITY LEAVE
Where the woman employee
had undergone surgery due to
gynecological disorder during
her maternity leave, she is
entitled only to the difference
between the SLB and
maternity leave benefit.
CREDITING OF EXISTING AND SIMILAR
BENEFITS

 existing or similar benefits under a

company policy, practice or CBA shall be
considered as compliance, unless it provides
otherwise
 for lesser benefits, the company shall grant
the difference
 “similar or equal benefits” refers to leave
benefits which are of the same nature and
purpose as that of the SLB.
MODE OF PAYMENT
 shall not report for work for the duration of
the leave but will still receive her salary
covering said period.
 The employer, in its discretion, may allow
said employee to receive her pay for the
period covered by the approved leave
before or during the surgery.
 The computation of her “pay” shall be based
on her prevailing salary at the time of the
surgery.
MONITORING OF COMPLIANCE
 The DOLE-Regional Office shall be
responsible for monitoring compliance
 It shall submit a separate quarterly
monitoring report to the Bureau of
Working Conditions (BWC), copy
furnished the Tripartite Industrial
Peace Council (TIPC), for purposes of
evaluation.
13TH MONTH PAY [ PD 851 ]
Coverage
 Rank-and-file employees who worked for at least
1 month during a calendar year, regardless of :
 amount of basic salary receive per month
 designation or employment status
 method by which wages are paid

Minimum amount of 13th month pay:

 not less than 1/12 of the total basic salary
earned by an employee within a calendar
year.
13TH MONTH PAY [ PD 851 ]
Definition of “basic salary”
 includes all remunerations or earnings paid by his
employer for services rendered.
 NOT included are allowances and monetary benefits which
are not considered or integrated as part of the regular or
basic salary, such as:
 cash equivalent of unused vacation leave and sick leave
credits.
 overtime, premium, nightshift differential and holiday
pay.
 cost-of-living allowances.
13TH MONTH PAY [ PD 851 ]
Time of payment:
 not later than December 24 of each year.
 employer may give 1/2 of the 13th month
pay before the opening of the regular
school year and the other half on or
before December 24 of every year.
 frequency of payment may be the subject
of agreement
13TH MONTH PAY [ PD 851 ]
13th Month Pay of Resigned or Separated Employee

 proportionate to the length of time worked during

the year reckoned from the start of work during
the calendar year up to the time of resignation or
termination from the service.

Formula:
Total Basic Salary
12 months = 13th Month Pay
SEPARATION PAY [ART. 298-299]
One-Half (1/2) Month Pay Per Year of Service

 Retrenchment to prevent losses

 Closure or cessation of operation of an
establishment not due to serious losses
or financial reverses
 disease of an employee not curable
within six (6) months and his continued
employment is prejudicial to his
health or to the health of his co-
employees
SEPARATION PAY [ART. 298-299]
One (1) Month Pay Per Year of Service

 Installation of labor-saving devices

 Redundancy
 When an employee is illegally dismissed
but reinstatement is no longer feasible

NOTE: In computing separation pay -

basic salary + regular allowances
RETIREMENT PAY [ RA 7641 ]
NOT applicable to workers of retail, service and agricultural establishments regularly
employing not more than 10 workers

 all employees regardless of their position, designation or status

and irrespective of the method by which their wages are paid.
 includes part-time employees, employees of service and other job
contractors and domestic helpers or persons in the personal
service of another.
Optional Retirement: Compulsory Retirement:
 60 years old  65 years old
 5 years service
 no retirement plan
RETIREMENT PAY [ RA 7641 ]
Amount of Retirement Pay: “one-half month salary”
Component of “one-half month salary”:
 15 days salary
 cash equivalent of 5 days of SIL
 1/12 of the 13th month pay
or a total of 22.5 days [Capitol Wireless, Inc. vs. Sec.
Confesor, Nov. 13, 1996]

Formula:
Minimum retirement pay
= Daily Rate x 22.5 days x years in service
RETIREMENT PAY [ RA 7641 ]
Total Benefits a retired employee should receive from
employer at the time of retirement:

 Retirement pay (RA 7641)

 Proportionate 13th month pay
 Cash equivalent of leave benefits,
if demandable
ECC BENEFITS FOR WORK-RELATED
BENEFITS

 Medical for sickness/ injuries

 Disability
 Rehabilitation
 Death and funeral
 Pension EMPLOYEES’ COMPENSATION
COMMISSION
SSS BENEFITS
 Maternity
 Sickness
 Disability
 Retirement
 Death
 Pension
REMEMBER THE GLS…..
 Minimum Wage
 Holiday Pay (Art. 94)
 Premium Pay (Art. 91-93)
 Overtime Pay (Art. 87)
 Night shift Differential (Art. 86)
 Service Charges (Article 96)
 Service Incentive Leave (Article 95)
 Maternity Leave (RA 1161, as amended)
REMEMBER THE GLS…..
 Paternity Leave (RA 8187)
 Parental Leave for Solo Parents (RA 8972)
 Leave for Victims of VAWC (RA 9262)
 Special Leave for Women (RA 9710)
 13th Month Pay (PD 851)
 Separation Pay (Art. 298-299)
 Retirement Pay (Art. 302)
 Social Welfare Benefits
END OF PRESENTATION
NICANOR V. BON
Bureau of Working Conditions
DEPARTMENT OF LABOR AND EMPLOYMENT

LABOR ADVISORY NO. 06

Series of 2017
“Guidelines in the Conduct of
Voluntary
Regularization of Workers”
RECEIPT OF VOLUNTARY COMMITMENT LETTER

Within 5 days from receipt of the

Letter of Voluntary Commitment
from establishment or employer,
the Regional Director (RD) shall
assign a Labor Laws Compliance
Officer (LLCO) to conduct Joint
Assessment.
CONDUCT OF JOINT ASSESSMENT
 LLCO shall inspect the work premises, review the
employment records and interview randomly employees.
 LLCO shall indicate in the Notice of Results (NR) the findings
on general labor standards (GLS), on occupational safety and
health standards (OSHS), and on status of employees’
employment.
 Establishment shall be given 20 days to correct deficiencies on
GLS and maximum period of 90 days on OSHS*
 LLCO shall assist the establishment in preparing a Voluntary
Commitment Plan (VCP) of the employees to be regularized.

*Based on D.O. 131-B, series of 2016

VOLUNTARY COMMITMENT PLAN
 The VCP shall contain (a) employee’s name,
employment status, date of regularization; and (b) an
undertaking that it shall submit a monthly report of
status of regularization.
 The VCP shall contain a statement that during the
period of regularization, employment of deployed
workers shall not be terminated by the employer.
 The VCP shall be signed by both the employer and
workers’ representatives and acknowledged before a
Notary Public.
APPROVAL OR DISAPPROVAL OF VCP
 RD shall approve the VCP within 5 days from the
issuance of NR. A Notice of Approved VCP shall be
issued immediately to the establishment.
 If VCP is disapproved, the Notice of Disapproval shall
indicate the reason/s thereof.
 RD shall call the employer and workers’ representatives
for a conference within 5 days from disapproval for
amendment purposes.
 After the conference, RD shall immediately issue a
Notice of Approved VCP to the establishment.
ISSUANCE OF COMPLIANCE ORDER
 Within 5 days from issuance of the Notice of Approved VCP, the RD shall
issue a VCP Compliance Order indicating in the dispositive portion the
following:
a. Names of employees directly hired by the establishment and deployed by
labor-only contractors;
b. Period of regularization of the employees;
c. Submission of monthly report on the status of VCP together with
employment contracts, payroll of establishment which include the names
of regularized employees, proof of employees’ registration and
remittances of SSS, PhilHealth and Pag-Ibig; and
d. Finality of the Compliance Order if there is failure of compliance with the
VCP or submission of monthly report on the status of VCP.
FINALITY OF COMPLIANCE ORDER

The Compliance Order to

regularize all employees shall
become final and executory
within 10 days from failure of the
establishment to comply with the
said order.
PROCESS FLOW
1 2
Receipt of the Letter RD assigns LLCO to
on Voluntary conduct JA
Commitment

3 4

LLCO proceeds to the

principal office and LLCO conducts
other branches of assessment
company
PROCESS FLOW
5 6 LLCO assists the company
LLCO issues in preparing VCP
Notice of Results  Is VCP approved?
Yes: Proceed to Step 7
No: RD conducts conference

7 8

RD issues Notice RD issues VCP

of Approved VCP Compliance Order
END OF PRESENTATION
 ADMINISTRATIVE ORDER NO. 164
Series of 2017
Participation of Legitimate Labor Organizations,
Legitimate Workers Association, Chartered Local, National Union
or Federation, Accredited Integrated Professional Organizations/
Accredited Professional Organization, Non-Government
Organizations, Employer Organizations
in the Assessment of Establishments’ Compliance
To Labor Laws and Social Legislations
WHAT IS IT ALL ABOUT?
 Participation of Sectoral Representatives or Social
Partners in the conduct of assessment of establishments’
compliance to labor laws and social legislations
LEGAL BASES
 Authority of the Secretary of Labor and Employment
to promulgate the necessary rules under Article 5 and
the visitorial and enforcement powers under Article
128 in relation to Article 303 of the Labor Code

 State policy to protect workers’ rights to security of

tenure and humane conditions of work
DEFINITION OF TERMS
Legitimate Labor Organization (LLO)
 any labor organization in the private sector registered with the
Department of Labor and Employment (DOLE).

Legitimate Workers Association (LWA)

 an association of workers organized for mutual aid and
protection of its members or for any legitimate purpose other
than collective bargaining registered with the DOLE.

Chartered Local (CL)

 a labor organization in the private sector operating at the
enterprise level that acquired legal personality through
registration with the DOLE
DEFINITION OF TERMS
National Union or Federation (NUF) Accredited Integrated Professional
 group of legitimate labor unions in Organizations/Accredited Professional
a private establishment organized Organization (AIPO/APO)
for collective bargaining
agreement  the single national organization
endorsed by the Professional Boards
and approved by the Commission

Employer’s Organization (EO)

Non-Government Organization (NGO)  organizations of employers duly
 organizations duly constituted constituted under existing laws, rules
under existing laws, rules and and regulations
regulations
COVERAGE
 Only qualified members of the social partners
may participate in the assessment of
establishments’ compliance to labor laws and
social legislation including attendance to
mandatory conferences.

Legal Framework
Participants to the assessment activities shall be
guided by Department Order No. 131-B, Series of
2016 or the Revised Rules of Labor Laws
Compliance System and other relevant rules
and regulations.
QUALIFICATIONS AND REQUIREMENTS

 at least 18 years old at the time of issuance of

Authority to Assess
 completed at least high school education
 no pending criminal, civil or administrative cases
 member of good standing of the participating
organization for at least 2 years
 completed and passed the training requirements of
DOLE
PROCESS
1 The social partners 3 The DOLE ROs shall
shall indorse to BWC assess indorsed
their participants to participants’
the assessment compliance with
activities. the qualifications
and requirements.

2 Indorsed participants shall 4

submit to DOLE RO where Participants who
they intend to participate in the satisfy the
assessment the (a) birth requirements shall
certificate from PSA, (b) High attend the DOLE
school diploma, (c) NBI clearance,
training program.
(d) Certification of good standing
from the organization.
ISSUANCE OF AUTHORITY TO ASSESS
 DOLE Secretary shall issue General Authority to Assess to
qualified members.

 The DOLE Regional Directors (RD) shall then issue Authority

to Assess to qualified members on a per establishment basis

 The General Authority and Authority to Assess is valid until the

end of every year unless sooner revoked.

 The BWC, in coordination with the BLR, ROs and PRC, shall publish
the names, addresses and contact persons of the organizations
who may participate in the assessment activities.
CONDUCT OF ASSESSMENT ACTIVITIES
Qualified Members of the social
partners may interview workers in
the presence of LLCO and employer’s
representative. They may also review
employment records.

The Labor Laws Compliance Officers

(LLCOs) shall lead in the assessment
activities. Qualified Members of the
social partners shall be under the
direct control and supervision of the
RD.
CONDUCT OF ASSESSMENT ACTIVITIES
Qualified Members of the social
partners shall affix their signatures
in the Notice of Results (NR),
indicating their concurrence and
observations in the assessment
activities.
Non-signing of members of the social
partners shall not affect the findings
of LLCOs. Disagreement relative to
assessment findings shall be resolved
by the RD
CONDUCT OF MANDATORY CONFERENCES

Only LLCOs and Qualified members The RD shall All issues during
DOLE employees of the social furnish the social the MC shall be
shall conduct partners may partners with discussed and
mandatory attend in the MCs monthly schedule resolved by the
conference (MC) of establishments of MCs to be RD in the
they assessed conducted Compliance Order
COMPLIANCE ORDER
 The RD shall furnish the social
partners with copies of
Compliance Orders

 The BWC shall also furnish the

social partners with Resolutions
or Decisions of appealed cases
arising from the assessment
activities.
TRAININGS
The DOLE ROs shall
conduct trainings of
nominated members of
social partners and shall
administer necessary
The Human Resource examinations
Development Service The RDs shall indorse
(HRDS), BWC, OSHC to the HRDS names of
and BLR shall qualified members of
formulate a training the social partners
module for members
of the social partners
REPORTING
The social partners shall submit a quarterly report to the BWC-DOLE
indicating the following:

Name and address

A C
of the assessed Dates and
establishments participation in MCs

Findings relative to
establishments’ compliance
B with GLS, OSHS, other labor
laws, rules and regulations, Findings in the D
and social legislations Compliance Order
FUNDING
Due to limited and inherent
limitations in the disbursement of
government funds, the social
partners shall shoulder the cost to
be incurred by their members
who will participate in the
assessment activities.
END OF PRESENTATION
NICANOR V. BON
Bureau of Working Conditions
DEPARTMENT OF LABOR AND EMPLOYMENT

DEPARTMENT CIRCULAR NO. 01

Series of 2017
“Clarifying the Applicability of
Department Order No. 174-17”
PURPOSE
 clarify the applicability or
non-applicability of DO 174-17, or
the new Rules Implementing
Articles 106 to 109 of the Labor
Code of the Philippines, to
persons, establishments or
companies in specific industries
NON-APPLICABILITY of D.O. 174 to BPO/LPO/KPO
 applies only to trilateral relationship which characterizes
contracting or subcontracting arrangement.
 does not contemplate to cover IT-enabled services involving an
entire or specific business process, such as:
 Business Process Outsourcing  Hardware and/or Software
 Knowledge Process Support
Outsourcing  Medical Transcription
 Legal Process Outsourcing  Animation Services
 IT Infrastructure Outsourcing  Back Office
 Application Development Operations/Support
APPLICABILITY/ NON-APPLICABILITY of D.O. 174
to CONSTRUCTION INDUSTRY
 Contracting/subcontracting arrangements in the construction
industry under the licensing coverage of the Philippine Contractors
Accreditation Board (PCAB) shall be governed by:
 D.O. No. 19, Series of 1993 (Guidelines Governing the
Employment of Workers in the Construction Industry);
 D.O. No. 13, Series of 1998 (Guidelines Governing the
Occupational Safety and Health in the Construction
Industry; and
 DOLE-DPWH-DILG-DTI and PCAB Memorandum of
Agreement-Joint Administrative Order No. 1, Series of
2011
APPLICABILITY/NON-APPLICABILITY of D.O. 174
to CONSTRUCTION INDUSTRY

 Contractors licensed by PCAB which are

engaged in other contracting or
subcontracting arrangement in addition
to, or other than construction activities
shall be required to register under D.O.
174-17.
APPLICABILITY/NON-APPLICABILITY of D.O. 174
to PRIVATE SECURITY AGENCIES

Except for the registration requirements

as provided for in D.O. 174-17, contracting
or subcontracting arrangements in the
private security industry shall be governed
by Department Order No. 150-16 (Revised
Guidelines Governing the Employment and
Working Conditions of Security Guards and
other Private Security Personnel in the
Private Security Industry)
NON-APPLICABILITY OF D.O. 174
to other CONTRACTUAL RELATIONSHIPS
 applies only to trilateral relationship which
characterizes contracting or subcontracting
arrangement.
 does not contemplate contractual relationships such
as in contract of sale or purchase, contract of lease,
contract of carriage, contract growing/growership
agreement, toll manufacturing, contract of
management, operation and maintenance and such
other contracts governed by the Civil Code of the
Philippines and other special laws.
NON-APPLICABILITY OF D.O. 174
to other CONTRACTUAL RELATIONSHIPS

 does not also cover the contracting

out of job or work to a professional,
or individual with unique skills and
talents who himself or herself
performs the job or work for the
principal.
EFFECTIVITY

The Circular shall take effect

upon the effectivity of
Department Order No. 174,
Series of 2017
END OF PRESENTATION
“Revised Rules on Labor Laws Compliance
System”
Department Order No. 131-B

NICANOR V. BON
Bureau of Working Conditions
Department Of Labor And Employment
CONCEPT
What is the Labor Laws Compliance System ?
 mix of regulatory and developmental
approaches in response to rigidities on
labor laws compliance while ensuring
decent and productive work
 developmental track to address labor
law violations caused by lack of
information on labor laws, rules and
regulations
CONCEPT
What Is Developmental Approach ?
 Focuses on VOLUNTARY COMPLIANCE
and INCENTIVES instead of pure
regulations. Establishments are urged
to voluntarily comply with labor laws
and standards.
 Urges TRIPARTISM thru the EMPLOYER EMPLOYEE
involvement of representatives
from employer’s and employees
DOLE
 LLCS Accomplishments
BEFORE NOW
(2004-2013) (2014-2015)
LABOR STANDARDS COVERED 23 94 309%

COMPANY VISITATION Once every 16 years Once every 2 years

127,041
233,425
ESTABLISHMENTS COVERED (annual average – 63,521)
(annual average - 23,000)

6.816-M 5.781-M
WORKERS COVERED
(annual average – 681,604) (annual average – 2.9-M)
AMOUNT RESTITUTED &
P311-M for 355,904 workers P234-M for 1.041-M workers
WORKERS COVERED
Labor Law Compliance
INCREASE IN PERSONNEL Labor Inspectors - 284 96%
Officer - 556
LABOR INSPECTORS PER 100,000
EMPLOYEES IN PRIVATE 1.5% (2010 LFS) 3.1% (2014 LFS) 1.6%
ESTABLISHMENTS
LLCS Accomplishments
BEFORE NOW
COMPLIANCE ON: (2004-2013) (2014-2015)

GLS 70.7% 77.6%

81.24 % covering 17,021 88.54% covering

MINIMUM WAGE establishments an average of 54,363
(annual average in 9 years) (annual average in 2 years)

SOCIAL SECURITY 89.59% covering 89.35% covering

BENEFITS average of 681,605 workers average of 2.89-M workers

C O R R E C T I O N R AT E 21% 27%

SYSTEM
Manual Online LLCS-MIS
DEVELOPMENT
Gaps / Observations
 Limited database
 No provision on issuance of COC to
contractors and principal
 High incidence of OSHS violations in
establishments and workplaces
 10 days is too short to correct GLS
violations
 Centralized record keeping
Gaps / Observations
 Some Accredited Practitioners/
Consultants are remiss in the
performance of their functions
 Rampant practice of 5-5-5 hiring
policy
 Need to review compliance after
first year of issuance of COC
OBJECTIVES : Developmental Tracks…
Plant-level Joint Free technical
Assessment assistance on
compliance
LABOR LAWS
COMPLIANCE
SYSTEM Recognition of
voluntary
Awareness-raising/ compliance
capacity-building
Enhancement of plant-
level partnership
mechanism
RULE III − GENERAL PROVISIONS
Modes of Implementation
 Joint Assessment (JA)
 Compliance Visit (CV)
 Occupational Safety and
Health Standards
Investigation (OSHI)
 Special Assessment or Visit
of Establishments (SAVE)
 RULE III − GENERAL PROVISIONS
Modalities of Assessments
Zonal Assessment
- Prioritize zones or areas with low levels of compliance

In-House OSH Assessment

- Tap accredited OSH practitioners or consultants to monitor
compliance in plants and worksites

Assessment by Industry
- Mobilize Industry Tripartite Councils (ITCs) and associations
for effective and expanded reach

Ecozone-wide Assessment on Voluntary Compliance

- Coordinate with PEZA for conduct on ecozone-wide assessment
of locators’ voluntary compliance
RULE III − GENERAL PROVISIONS
Employer’s representative
 Owner, President, Vice President, Manager or any authorized person

Employees’ representative
ORGANIZED UNORGANIZED
any rank-and-file employee
Designated by the sole designated by the majority of the
and exclusive bargaining employees present at the time of
assessment or from any of:
unit in the CBA
Labor-Management Committee
Compliance Committee
Safety and Health Committee
Family Welfare Committee
 RULE III − GENERAL PROVISIONS
Toolbox of Programs and Services
1. Occupational safety and health
2. Workplace relations
3. Productivity enhancement
4. Occupational skills enhancement
5. Livelihood assistance

Feedback Mechanism
 DOLE Feedback Form shall be filled out by employer’s and
employees’ reps. and submit to DOLE RO
 Based on the feedback, RD shall submit to BWC an analysis
of the impact of LLCS on the productivity and sustainability
of enterprises, compliance with labor laws and possible
enhancement of the System
 RULE III − GENERAL PROVISIONS
Utilization of LLCS-MIS
 Use of electronic gadget in conducting assessments.
 Findings are synced to DOLE Server within 72 hours after
assessment.
 Data gathered shall be used in the generation of reports.
 LLCS-MIS information is available to RDs, Directors of Services,
Bureaus and Attached Agencies of the DOLE.

Conduct of Technical Safety Inspection

 done by LLCOs who are mechanical or
electrical engineers and shall be governed
by the Revised Technical Safety Inspection
Manual
RULE III − GENERAL PROVISIONS
Capability-building Trainings
 conducted by DOLE for representatives of
employers and employees through Workers
Organization Development Program (WODP)

Annual Area-wide Summit for Stakeholders

 DOLE shall conduct summits in Luzon,
Visayas and Mindanao as capability-building
trainings, and program and policy
adjustment consultation process.
RULE IV − ESTABLISHMENT’S COMPLIANCE REQUIREMENT

Required Compliance with Labor Laws

All establishments, principal/user enterprise
and contractor/subcontractor, unless expressly
exempted, must comply with labor standards,
OSH standards and social welfare benefits for
their employees

Employment Records
All employment records shall be kept and maintained in
the premises of all workplaces for at least 3 years.

Establishments with a centralized recording

system shall inform the LLCO of the RO
where its central or head office is located of
such fact.
PROHIBITION AGAINST LABOR-ONLY CONTRACTING (D.O. 174)

 Contractor does not have substantial capital or

investments in the form of tools, equipment,
machineries, work premises, among others; and
 Contractor’s employees recruited and placed are
performing activities which are directly related to
the main business operation of the principal.

 Contractor does not exercise the right to control

over the performance of the work of the employee.
ELLICIT FORMS OF EMPLOYMENT ARRANGEMENTS (D.O. 174)

 When the principal farms out work to a “Cabo”

 Contracting out of work through an in-house agency
 Contracting out of work through an in-house cooperative
which merely supplies workers to the principal
 Contracting out of work by reason of a strike or lockout
whether actual or imminent
 Contracting out of work being performed by union members
and such will interfere with, restrain or coerce employees in
the exercise of their rights to self-organization as provided in
Article 259 of the Labor Code
ELLICIT FORMS OF EMPLOYMENT ARRANGEMENTS (D.O. 174)

 Requiring the contractor’s employees to perform functions

which are currently being performed by the regular
employees of the principal.
 Requiring the contractor’s employees to sign, as a
precondition to employment or continued employment, an
antedated resignation letter; a blank payroll; a waiver of labor
standards including minimum wages and social or welfare
benefits; or a quitclaim releasing the principal or contractor
from liability as to payment of future claims; or require the
employee to become member of a cooperative
 Repeated hiring by the contractor of employees under an
employment contract of short duration.
ELLICIT FORMS OF EMPLOYMENT ARRANGEMENTS (D.O. 174)

 Requiring employees under a contracting arrangement to

sign a contract fixing the period of employment to a term
shorter than the term of the Service Agreement, unless the
contract is divisible into phases for which substantially
different skills are required and this is made known to the
employee at the time of engagement.
 Such other practices, schemes or employment
arrangements designed to circumvent the right of workers
to security of tenure
PERMISSIBLE CONTRACTING ARRANGEMENTS (D.O. 174)

 Contractor is engaged in distinct and independent business

and undertakes to perform the work on its own
responsibility, according to its own manner and method.
 Contractor has substantial capital to carry out the work
farm out by the principal on his account, manner and
method, investment in the forms of tools, equipment and
machinery.
 The contractor is free from the control and/or direction of
the principal in all matters connected with the performance
of the work except as to the result thereof.
 The service agreement ensures compliance with all the
rights and benefits under the labor laws.
 EMPLOYMENT CONTRACT (D.O. 174)

CONTRACTOR EMPLOYEE

Specific description of the job, work, or

service to be performed by the employee

Place of work and terms and conditions of

employment including a statement of the
wage rate applicable to the individual
employee
SERVICE AGREEMENT (D.O. 174)
PRINCIPAL CONTRACTOR
Specific description of the job or work being
subcontracted, including its term and duration

Place of work and terms and conditions

governing the contracting arrangement, to
include the agreed amount of the contracted
job or work, as well as the standard
administrative fee of not less than 10% of the
total contract cost

Provision on the issuance of the bond/s

GROUNDS FOR CANCELLATION (D.O. 174)

 Misrepresentation of facts in the application

 Submission of falsified or tampered application or supporting
documents
 Non-submission of Service Agreement between the principal and
the contractor to do so
 Non-submission of the semi-annual report
 Final Findings that contractor is engaged in labor-only contracting
and other illicit forms
 Non-compliance with labor standards
 Non-compliance with SSS, Pag-IBIG, PhilHealth and ECC laws
 Collecting any fees not authorized by law and regulations
 Violations of any provisions of the Labor Code
 RULE V − JOINT ASSESSMENT
 Priority establishments
 Those engaged in hazardous work ,
employing children, those engaged in
contracting arrangements…
 Public utility bus
 Other establishments as determined by DOLE Secretary

 Correction Period of deficiencies:  Compliance

 20 days for GLS Verification and
 90 days for OSHS follow-up
 1 day for imminent danger assessment
 3 days for PPE
 RULE V − JOINT ASSESSMENT
Joint Assessment Procedure

Opportunity Technical
Notice of Actual Site Notice of assistance Certificate of
Assessment for corrective
Visit Results action leading to Compliance
compliance

Period of correction
20 days – GLS
90 days – OSHS
 1 day – imminent
danger
 3 days – PPE
 RULE VI − COMPLIANCE VISIT [Coverage]

 Anonymous  Request in NCMB

complaint proceedings to verify
labor standards
violation and DO 18-A,
 Employer fails to regardless of whether
submit Compliance COC has been issued
Report

 Finding by NLRC of
labor standards and
DO 18-A violations,
regardless of whether
 Complaint against an COC has been issued
establishment with TCCLS
or COCs on GLS and OSHS
RULE VI − COMPLIANCE VISIT
Compliance Visit Procedure
1 2
Receipt of Authorit
y to
Presentation
Referral or Assess
of Authority
Complaint to Assess

3 Notice of
Results
4 5
______
_______
_______

Issuance of NR
LLCO to
Verification of recommend &
Compliance  Period of
correction RD to issue
10 days Certificates of
Compliance
RULE VII − OCCUPATIONAL SAFETY AND HEALTH INVESTIGATION

 Suspension, cancellation or
revocation of DOLE Accreditation
− if there is false statement or
misrepresentation of safety
and/or health personnel of the
establishment
RULE VIII − WORK STOPPAGE ORDER
 Non-compliance with OSH Standards poses
imminent danger to the health and safety of
employees in the workplace
 Work Stoppage Order Form
 Facts surrounding the incident
 Initial findings of the proximate cause
 The workplace or part thereof covered by WSO
 Names, number and positions affected by WSO
 Recommendations for abatement
 Lifting the WSO – upon receipt of proof and
certification safety officer, practitioner or consultant
that cause of imminent danger was abated
RULE IX − SPECIAL ASSESSMENT OR VISIT OF ESTABLISHMENT

 D.O. 131-A (Guidelines in the Conduct of SAVE)

 Creation of composite team
 Participation of Labor Organizations

 Additional indicators:
 establishment’s profile, number &
location of branches
 organizational structure
 recruitment and termination practices
 contractors/subcontractors
RULE X − CERTIFICATE OF COMPLIANCE
 COC on Labor Relations
 Regional COC issuance to establishments
 List of establishments recommended for COC
issuance shall be published in the website of
DOLE - RO for 10 days

 Establishment must undergo

Orientation on LMC and SEnA

 Establishment shall execute an undertaking that it

shall maintain compliance with labor laws and social
legislation during the effectivity of COC
RULE X − CERTIFICATE OF COMPLIANCE
 Regional COC issuance to establishments engaged in
contracting/subcontracting arrangements

1. COC to contractor − when all its contracting

activities within the region are compliant with
DO 18-A and other laws.
2. COC to Principal or User Enterprise − when it
and its contractor/subcontractor within the
region are found compliant with DO 18-A and
other laws; and its contractors/subcontractors
within the region have been issued with COCs.
RULE X − CERTIFICATE OF COMPLIANCE
Exceptions to No Assessment Rule
 SEnA referral

 Instances under OSH investigation

 Report on Expanded Anti-trafficking in Persons,
Migrant Workers Act, Anti-child Labor law
 When establishment is under SAVE program
 Failure to submit Compliance Report
 Analogous circumstances
RULE X − CERTIFICATE OF COMPLIANCE
 Grounds for COC Revocation
1. If COC was obtained thru deceit,
misrepresentation, intimidation of
workers, false reporting, and other
analogous acts.

2. If establishment, principal, or contractor

is unable to effect correction of
deficiency after the conduct of
Compliance Visit or OSHS Investigation,
within the prescribed period.
RULE X − CERTIFICATE OF COMPLIANCE

3. If dangerous
occurrence results
in disabling injury
attributable to
negligence or fault
of the employer.

4. Other analogous
circumstances.
RULE X − CERTIFICATE OF COMPLIANCE

 Submission of Compliance Report

within 10 days after 1 year of COC
issuance

 Expiring and Expired COC

 Submit Compliance Report not
later than 3 months before the
COC expiration
 RULE XI − REFUSAL OF ACCESS TO RECORDS AND/OR PREMISES

 Filing of criminal action in the following cases:

 committed twice during the conduct of JA,
CV or SAVE
 Committed on first attempt to conduct OSH
investigation
 Execution of Affidavit of refusal of Entry
 Receipt of authority to assess
 Conduct JA, CV, OSHI or SAVE
 The fact of refusal by employer on 1st attempt
 Issuance to employer of notice of assessment
 The fact of refusal by employer on 2nd attempt
 RULE XVII − MISCELLANEOUS PROVISIONS

 Coordination with Relevant Government Agencies

- The conduct of any of the modes of implementation
may be covered by Memorandum of Agreements to
ensure proper coordination with other relevant
government agencies.
 RULE XVIII − TRANSITORY AND FINAL PROVISIONS

 Penalty Clause
 Article 303 (formerly Art. 288) of the
Labor Code
 Republic Act No. 8188 (Double Indemnity law)

 Oversight Function of TIPC

 The National Tripartite Industrial Peace
Council (NTIPC) shall serve as the
oversight committee to monitor
compliance with the DO
 WAY FORWARD

“Revised Rules on the Administration

and Enforcement of Labor Laws pursuant to
Article 128 of the Labor Code, as renumbered”
PROPOSED NEW PROVISIONS

 Creation of Composite Team to conduct Inspection

upon the discretion of DOLE Secretary [Sec. 4, Rule III]
 Creation of Inspection Audit Team [Sec. 7, Rule III]

 Participation of Members of Labor, Employer and

other Organizations in the conduct of Inspection
pursuant to Administrative Order No. 164 [Sec. 5, Rule III]
PROPOSED NEW PROVISIONS
 Safety Net Provision on Assistance to Workers who
are separated from employment during the pendency
of the case [Sec. 2, Rule XV]
 Conduct of “Surprise Visit” [Sec. 1, Rule VI]
 Executory nature of Compliance Orders involving
regularization [Sec. 2, Rule XI]
PROPOSED AMENDMENTS

 Use of Routine Inspection and Complaint Inspection

instead of Compliance Visit and Joint Assessment [Sec.
1, Rule III]

 Incorporation of Department Order No. 174 [Sec. 3, Rule

IV]

 Reduction of period to file Motion for

Reconsideration from Resolution/ Decision of DOLE
Secretary from 15 days to 10 days [Sec. 12, Rule XIII]
PROPOSED AMENDMENTS

 Power of DOLE Secretary to issue an industry-wide

Work Stoppage Order [Sec. 1, Rule VIII]
 Solidary liability of Employer/Owner in cases of
refusal of access to records and/or premises [Sec. 1,
Rule IX]
 DEPARTMENT ORDER NO. 170, Series of 2017
Implementing Rules and Regulations of Republic Act No. 10911
“ANTI-AGE DISCRIMINATION IN EMPLOYMENT ACT”
 TIMELINE ANTI-AGE DISCRIMINATION
IN EMPLOYMENT ACT

Lapse into law : July 21, 2016

Published : August 1, 2016

Took Effect : August 16, 2016

DECLARATION OF POLICIES ANTI-AGE DISCRIMINATION
IN EMPLOYMENT ACT

Promote employment of individuals on the basis of abilities,

knowledge, skills and qualifications rather than age

Prohibit arbitrary age limitations in employment

Promote the rights of all employees and workers, regardless

of age, to be treated equally in terms of compensation,
benefits, promotion, training, and other employment
opportunities
 DEFINITION OF TERMS
EMPLOYEE
a person who performs
professional, managerial or
administrative work and is
paid salaries by the employer
as compensation for service
rendered
JOB APPLICANT
a person who
applies for
employment
ANTI-AGE DISCRIMINATION
IN EMPLOYMENT ACT
EMPLOYER
any person, natural or juridical,
employing the services of an
employee or worker and shall
include the government and all
its branches, subdivisions and
instrumentalities.
LABOR CONTRACTOR
any natural or juridical
person or an agent of
that person who
regularly undertakes,
with or without
compensation, the procurement of
employees or workers for an employer
 DEFINITION OF TERMS ANTI-AGE DISCRIMINATION
IN EMPLOYMENT ACT

LABOR ORGANIZATION PRIVATE EMPLOYMENT AGENCY

any union or association of any person, partnership
employees or workers or corporation engaged
which exists in whole or in in the recruitment
part for dealing with and placement of
employers concerning workers for local
terms and conditions of employment
employment
PUBLISHER WORKER
any person engaged in the a person who performs
printing of information on paper manual labor involving
and its distribution, buying or skilled or unskilled work,
securing of airtime or space on and is paid wages by the
television, radio or the internet, employer as compensation
and other similar media for services rendered
 COVERAGE ANTI-AGE DISCRIMINATION
IN EMPLOYMENT ACT

 All employers
 Publishers
 Labor contractors or
subcontractors
 Labor organizations,
whether or not registered.
 PROHIBITION OF DISCRIMINATION ANTI-AGE DISCRIMINATION

IN EMPLOYMENT ON ACCOUNT OF AGE

IN EMPLOYMENT ACT

For Employer :
Print or publish, or cause to be printed or published, Deny any employee’s or
in any form of media, including the internet, any worker’s promotion or
1 notice of advertisement relating to employment 5 opportunity for training
suggesting preferences, limitations, specifications because of age
and discrimination based on age

2 Require the declaration of age or birth date during

the application process 6
Forcibly lay off an employee
or worker because of old
age
Decline any employment application because of the
3 individual’s age
Impose early retirement on
Discriminate against an individual in terms of 7 the basis of such
4 compensation, terms and conditions on account of employee’s or worker’s age
such individual’s age
 PROHIBITION OF DISCRIMINATION ANTI-AGE DISCRIMINATION

IN EMPLOYMENT ON ACCOUNT OF AGE

IN EMPLOYMENT ACT

For Labor Contractor / Subcontractor :

Refuse to refer for employment

or discriminate against
any individual because of
person’s age
 PROHIBITION OF DISCRIMINATION ANTI-AGE DISCRIMINATION

IN EMPLOYMENT ON ACCOUNT OF AGE

IN EMPLOYMENT ACT

For Labor Organization :

1. Deny membership to any individual
because of individual’s age
2. Exclude from its membership any
individual because of individual’s
age
3. Cause or attempt to cause an
employer to discriminate against an
individual in violation of the law
 PROHIBITION OF DISCRIMINATION ANTI-AGE DISCRIMINATION

IN EMPLOYMENT ON ACCOUNT OF AGE

IN EMPLOYMENT ACT

For Publisher :

Print or publish any notice of

advertisement relating to
employment suggesting
preferences, limitations,
specifications, and
discrimination based on age
 EXCEPTIONS ANTI-AGE DISCRIMINATION
IN EMPLOYMENT ACT

Age is a bona fide occupational qualification reasonably

necessary in the normal operation of a particular business.

The intent is to observe the terms of bona fide seniority

system that is not intended to evade the purpose of the law.

The intent is to observe the terms of a bona fide employee

retirement or a voluntary early retirement plan consistent
with the purpose of the law.

The action is duly certified by the Secretary of Labor and

Employment after consultation with the stakeholders in
accordance with the purpose of the law.
 EXCEPTIONS ANTI-AGE DISCRIMINATION
IN EMPLOYMENT ACT

 An employer who invokes the qualifications shall

submit a REPORT prior to its implementation to the
DOLE Regional Office which has jurisdiction over the
workplace.
 The submission of the report shall be a presumption
that the age limitation is in accordance with the law,
unless proven otherwise by the court

Failure to submit report shall give rise to the

presumption that the employer is not allowed to
set age limitation.
EMPLOYMENT OF CHILDREN
The age requirement in the
employment of children shall be
governed by Republic Act No. 9231 and
its Implementing Rules and
Regulations, Article 138 of the Labor
Code as renumbered, and other
applicable laws, rules and regulations.
ANTI-AGE DISCRIMINATION
IN EMPLOYMENT ACT
Upon hiring, the employer may
require the child or the guardian
to show proof of the child’s age
for purposes of compliance with
minimum employable age under
existing laws.
 EDUCATION AND RESEARCH ANTI-AGE DISCRIMINATION

PROGRAMS
IN EMPLOYMENT ACT

The Department of Labor and Employment shall:

Conduct studies and researches Promote programs, in

on minimizing impediments to coordination with public and
a employment of older persons, private agencies that will further
and furnish such information to
b enhance the knowledge and
employers, labor groups, and the skills of every individual
general public regardless of age
 PENALTY ANTI-AGE DISCRIMINATION
IN EMPLOYMENT ACT

FINE:
If the offense is committed
 P50,000 − P500,000 by a corporation, trust, firm,
OR partnership or association
or other entity, the penalty
IMPRISONMENT:
shall be imposed upon the
 3 months − 2 years guilty officer or officers of
OR such corporation, trust,
firm, partnership or
BOTH: at the discretion of association or entity.
the court.
 FOR INQUIRIES:
ANTI-AGE
DISCRIMINATION IN
DOLE HOTLINE: 1349
EMPLOYMENT ACT

askbwc@gmail.com
527-3000 local 303 or 307
Bureau of Working Conditions
DEPARTMENT OF LABOR AND EMPLOYMENT

DEPARTMENT ORDER NO. 178

SAFETY AND HEALTH
MEASURES FOR WORKERS
WHO BY THE NATURE
OF THEIR WORK
HAVE TO STAND AT WORK
PURPOSE AND COVERAGE
Address the occupational health and safety issues
and concerns related to the wearing of high-heeled
female shoes and/or standing at work for long
periods, such as strain on the lower limbs,
aching muscles, hazardous pressure on hip, knee
and ankle joints and sore feet.

All workers who by the nature of their work, have

to stand at work, such as retail and/or service
employees, assembly line workers, teachers, and
security personnel.
SAFETY AND HEALTH MEASURES
All employers/establishments are directed to institute appropriate control measures to
address the risks to safety and health of workers while standing at work, which include:
Implement rest Install appropriate Provide tables or work
1 2 3 surfaces with
periods to break or flooring or mats that
cut the time spent on will mitigate the adjustable heights to
standing. impact of frequent allow workers to
alternately sit and
walking and prevent
stand while performing
fatigue, such as wood
their task.
or rubber.
SAFETY AND HEALTH MEASURES
4 Provide readily accessible seats to be Implement the use of footwear which
used during rest periods or even
5 are practical and comfortable. These
during working hours. should not pinch the feet or toes; are
well-fitted and non-slipping; provide
adequate cushion and support to the
arch of the feet; either flat or with low
heels that must be wide-based.

The employers, in consultation with the workers, may adopt other measures to
address the occupational safety and health concerns of workers who have to stand
at work for long periods.
REPORTING AND MONITORING
The covered employers or establishments shall
comply and notify the Department, through the
Regional Office which has jurisdiction over the
workplace, of the adoption of the safety and health
measures as required herein within thirty (30) days
from the effectivity of the Order.

The DOLE Regional Offices shall inspect and

DOLE
monitor the proper and strict implementation Regional Office

of this Department Order.

EFFECTIVITY
Department Order No. 178
was published on 09
September 2017 in Philippine
Star, and will be effective on
24 September 2017, 15 days
after its publication.
END OF PRESENTATION
 Thank you!

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