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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The Secretary of Labor and Employment shall have visitorial powers which include the following:
- Access to employer’s records;
- Access to employer’s premises;
- Right to copy employer’s records;
- Right to question any employee;
- Right to investigate regarding violations of labor laws. (Article 128, Labor Code)
Visitorial Power of the Secretary of Labor under the Labor Code
The Labor Code provides that:
The Secretary of Labor and Employment or his duly authorized representatives, including labor regulation officers, shall have access to employer’s records and premises at any time of the day or night whenever work is being undertaken therein, and the right to copy therefrom, to question any employee and investigate any fact, condition or matter which may be necessary to determine violations or which may aid in the enforcement of the Labor Code and other labor laws, wage order or rules and regulations issued pursuant thereto. (Article 128, Labor Code)
DOLE Department Order No. 238, Series of 2023
To further strengthen the exercise of visitorial and enforcement power of the Secretary of Labor and Employment under the Labor Code, and to secure a higher level of compliance with general labor standards, occupational safety and health standards in all workplace, the Department of Labor and Employment (DOLE) issued Department Order No. 238, Series of 2023 (D.O. 238, s. 2023) or the Rules on the Administration and Enforcement of Labor Standards pursuant to Article 128 of the Labor Code.
Employment Records
Employers shall keep and maintain employment records in and about the premises of all workplace for at least three (3) years. Should the employer maintain a centralized recording system, it shall provide access or produce a hard copy to the labor inspector. (Section 4, Rule III, D.O. 238, s. 2023)
Labor Inspections
The Regional Director of DOLE shall issue an Authority to Inspect to the Labor Inspector, an officer of the DOLE who has authority to visit, inspect, or investigate, and perform such other related functions.
The Authority to Inspect shall indicate the name and address of the establishment to be inspected, who shall present it to the representatives of the employer and employees for the purpose of conducting the inspection.
The Labor Inspector shall conduct an opening conference to discuss the scope of the inspection an determine the appropriate representatives of the employer and employees.
The Labor Inspector shall examine employment records in the presence of the employer or his/her/its representative. Such Labor Inspector shall likewise interview employees and inspect work premises to validate employment relationships and to determine compliance with general labor standards, occupational safety and health standards, and other social legislations.
After the conduct of the inspection, the Labor Inspector shall conduct a closing conference and issue a Notice of Inspection Results to the representatives of the employer. (Section 1, Rule V, D.O. 238, s. 2023)
The Notice of Inspection Results refer to the document issued by the Labor Inspector indicating findings on general labor standards, including contracting and subcontracting, and occupational safety and health standards based on gathered employment records, interviews of workers, and walkthrough of premises. (Section 1, par. s, Rule II, D.O. 238, s. 2023)
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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