PREDELMA M. TAN Department of Labor and Employment

Batangas Provincial Office

INCENTIVIZING COMPLIANCE PROGRAMINCENTIVIZING COMPLIANCE PROGRAM

Incentivizing Compliance ProgramIncentivizing Compliance Program

Reform in the system of labor standards enforcement

Complements regulatory trackUses Single Entry Approach (SEnA) in

labor disputes resolutionOptimizes tripartite engagement

2

3

PromotingPromoting voluntary compliancevoluntary compliance to complement regulatory track to complement regulatory track

4

Major StrategiesMajor Strategies

TRIPARTITE MECHANISMS TRIPARTITE MECHANISMS

AND PROCESSESSAND PROCESSESS

Tripartite body

3-3-3

Social auditor and monitoring body

Conducts remediation

Nominates for the TSE award

Tripartite Certification Committee

REMEDIATIONREMEDIATION

Facilitative and corrective actions Uses appropriate programs and

services (DOLE toolbox) For a period not to exceed 3 months In the absence of compliance gaps,

TCC can immediately indorse the enterprise for the Tripartite Seal of Excellence

CONVERGENCE OF CONVERGENCE OF

EXISTING DOLE AWARDS AND EXISTING DOLE AWARDS AND RECOGNITION SYSTEMSRECOGNITION SYSTEMS

Tripartite Certificate of Compliance with Labor Standards

DO 115-A – operational guidelines

Promotes voluntary compliance with GLS/OSH

Pre-requisite to the Secretary’s Award and the Tripartite Seal of Excellence

Issued by the DOLE Regional Director

Valid for three (3) years Serves as equivalency to

routine inspection

DOLE – DOLE – REGIONAL REGIONAL OFFICES OFFICES

Tripartite Certificate of Compliance with Labor Standards

Duly registered With valid business permit No pending case with

DOLE/NLRC No case of fatal accident,

permanent total/partial disability or occupational illness within aperiod of 1 year at the time of application

DOLE – DOLE – REGIONAL REGIONAL OFFICES OFFICES

Child Labor Free Establishment/Zone

• To promote practices on To promote practices on anti-child labor practices anti-child labor practices in the workplace- and/or in the workplace- and/or zonezone

• Complements the Child Complements the Child Labor-Free Barangay Labor-Free Barangay initiative under the DOLE’s initiative under the DOLE’s Campaign for Child Labor-Campaign for Child Labor-Free Philippines.Free Philippines.

• Nationwide coverageNationwide coverage

Bureau of Bureau of Workers with Workers with Special Special Concerns Concerns

Child Labor Free Establishment/Zone

Holder of TCCLSMaintains company policy

prohibiting CL displayed publicly

Contracts or terms of engagement with suppliers/contractors contain stipulations prohibiting CL

Principal and contractors have no pending case with on the use of CL

Bureau of Bureau of Workers with Workers with Special Special Concerns Concerns

To recognize outstanding To recognize outstanding institutions and individuals who institutions and individuals who have implemented successful have implemented successful safety and health safety and health programs/ideas; promote OSH programs/ideas; promote OSH towards “zero accident” towards “zero accident” workplaceworkplace

Started in 1997Started in 1997 National award given every 2 National award given every 2

yearsyears 2 Presidential awards and 23 2 Presidential awards and 23

Secretary’s AwardsSecretary’s Awards Incentives: Trophy, plaque and

certificates

Gawad Kaligtasan at Kalusugan (GKK)

Occupational Occupational Safety and Safety and Health Health CenterCenter

To advocate for quality and To advocate for quality and productivity improvement and productivity improvement and showcase best PIPs among showcase best PIPs among MSMEs in agribusiness, MSMEs in agribusiness, services and industryservices and industry

Started in 2008Started in 2008 National/regional award every 2 National/regional award every 2

yrsyrs 26 national winners; 111 26 national winners; 111

regional winnersregional winners Incentives: P100,000 cash for

national winners, trophy, use of PO logo, priority endorsement to productivity trainings

PRODUCTIVITY OLYMPICSPRODUCTIVITY OLYMPICS

National National Wages and Wages and Productivity Productivity Commission Commission

Most Outstanding LMCs for Industrial Peace

To recognize companies with To recognize companies with well-established mechanisms well-established mechanisms to improve labor relations to improve labor relations within the workplacewithin the workplace

Started in 1999Started in 1999 National award given every 2 National award given every 2

yearsyears 26 winners (with 2 Hall of 26 winners (with 2 Hall of

Fame); total of 92 nomineesFame); total of 92 nominees Incentives: Plaque and Incentives: Plaque and

P25,000 cash (in 2011)P25,000 cash (in 2011)

National National Conciliation Conciliation and and Mediation Mediation BoardBoard

Levels of ICP Award

Secretary’sAward

Tripartite Seal of

Excellence Seal

of Good Housekeeping

TCCLS TCCLS + 2 TCCLS + 4TCCLS + 4

KAPATIRAN WISE-TAV

Department Order No. 06-11

Kapatiran WISE-TAV

Channel the resources for CSR of large companies in assisting their service providers in their GLS and OSH needs

Capacitate their service providers to improve their working conditions and subsequently achieve higher productivity

Enable their service providers to eventually be compliant with GL and OSH Standards and other labor laws

OBJECTIVE

Compliant with general labor standards (GLS)

Compliant with occupational safety and health (OSH)

Increased productivity

PROJECT MISSION

Kapatiran WISE-TAV Process Flow IDENTIFY POTENTIAL BIG BROTHER (BB)

ROs shall identify based on criteria set

INVITE TO JOIN THE PROGRAM w/in 30 days from the issuance of NIR or selection

Submit Enrollment Form and list within 5 days from receipt of invitation

CONDUCT ORIENTATION TO BB AND SMALL BROTHER (SB) 10 days from receipt of enrollment form

CONDUCT COMPLIANCE ASSESSMENT OF SB BY COMPLIANCE ASSESSMENT TEAM (CAT) within 10 days after orientation.

- Utilize checklist (KWT Form Nos. 2 and 3)

- Explain to SB result of assessment and furnished it with copy of accomplished checklists

- Advise the SB and BB on ways to effect necessary correction / restitution

- Formulate Action Plan and indicate necessary corrective measure/s and date of correction.

- Remediation Period : When? Within reasonable time but in no case exceed 6 months from time SB received copy of accomplished checklist.

MOA SIGNING

CONDUCT FOLLOW - UP VISIT

Refer to TCC for issuance of TCCLS Issue NIR to SBYes No

Remediation Period• Conduct of appropriate Training

SALIENT DISTINCTIONS OF THE RULES ON THE DISPOSITION OF LABOR STANDARDS CASES AND THE LABOR LAWS COMPLIANCE SYSTEM

PROVISION D.O. 131-13(New Rules)

D.O. 57-04(Old Rules)

Terminology:Assessment, Compliance Occupational Safety and Health Investigation(Rule II)

Joint Assessment/Compliance Visit/Occupational Safety and Health Investigation

Routine Inspection/Complaint Inspection/ Accident Investigation

Result of Assessment(Rule II)

Notice of Results Notice of Inspection Results

DOLE Officer authorized to conduct inspection(Rule II)

Labor Laws Compliance Officer (LLCO)

Labor Regulation/Employment Officer

SALIENT DISTINCTIONS OF THE RULES ON THE DISPOSITION OF LABOR STANDARDS CASES AND THE LABOR LAWS COMPLIANCE SYSTEM

PROVISION D.O. 131-13(New Rules)

D.O. 57-04(Old Rules)

DOLE Toolbox of Programs and Services(Rule III)

Information drive of DOLE programs and offer of technical assistance

No provision

Feedback mechanism(Rule III)

Tripartite mechanism utilized to ascertain impact of LLCS to the local economy compliance to labor laws and possible enhancement of the system.

No provision

Establishments engaged in contracting and subcontracting arrangement; and establishments employing at least ten (10) workers(Rule IV)

Part of priority establishments for joint assessment

Not priority for routine inspection

SALIENT DISTINCTIONS OF THE RULES ON THE DISPOSITION OF LABOR STANDARDS CASES AND THE LABOR LAWS COMPLIANCE SYSTEM

PROVISION D.O. 131-13(New Rules)

D.O. 57-04(Old Rules)

Remediation Period(Rule IV)

For OSHS violations involving non-imminent danger situation/no PPE, a remediation period of not more than 3 months shall be given to the employer

No provision

Period of Compliance(Rule IV, V & VI)

Joint Assessment :10 days – GLS3 months remediation period – OSHS Compliance Visit:10 days – GLS and OSHSOccupational Safety and Health Standards Investigation

7 days to restitute

Filing of appropriate Criminal Action (Rule IV, V & VI)

Expressly provided pursuant to Article 288 of the LCP

No provision

SALIENT DISTINCTIONS OF THE RULES ON THE DISPOSITION OF LABOR STANDARDS CASES AND THE LABOR LAWS COMPLIANCE SYSTEM

PROVISION D.O. 131-13(New Rules)

D.O. 57-04(Old Rules)

Failure of SEnA proceedings while employer-employee relationship exists(Rule V)

Compliance visit is conducted after the failure of SEnA proceedings

No provision

Composite team(Rule VI)

LLCO shall recommend the creation of a composite team if the gravity of the incident requires technical assistance

No provision

Recognition of compliant establishment(Rule VII)

Expressly recognizes establishments who are compliant with labor laws

No provision

SALIENT DISTINCTIONS OF THE RULES ON THE DISPOSITION OF LABOR STANDARDS CASES AND THE LABOR LAWS COMPLIANCE SYSTEM

PROVISION D.O. 131-13(New Rules)

D.O. 57-04(Old Rules)

Conduct of mandatory conference(Rule VIII)

Within ten (10) days from receipt of the Notice of Results or after the lapse of the period of correction in Compliance Visit

No provision when to start the mandatory conference

Motion for Reconsideration

No Motion for Reconsideration from Compliance Order

Aggrieved party may file a Motion for Reconsideration from the Compliance Order

Notice of Finality(Rule IX)

If appeal not perfected, the RD shall issue a Notice of Finality instead of transmitting the appeal to the OSEC

Even if appeal not perfected, case record transmitted to the OSEC for Issuance of an Order

SALIENT DISTINCTIONS OF THE RULES ON THE DISPOSITION OF LABOR STANDARDS CASES AND THE LABOR LAWS COMPLIANCE SYSTEM

PROVISION D.O. 131-13(New Rules)

D.O. 57-04(Old Rules)

Verification proceedings of compromise agreement(Rule X)

Regional Director or his duly authorized representative will verify the compromise agreement not executed in his/her presence.

No provision

Motion to Reduce bond(Rule XI)

Expressly provided that a Motion to Reduce Bond is not allowed

No provision

PROVISION D.O. 131-13(New Rules)

D.O. 57-04(Old Rules)

Motion to Quash Writ of Execution(Rule XII)

Filing of MTQ shall not suspend execution proceedings.

It shall be deemed not filed

No provision

Pre-Execution Conference(Rule XII)

Within 2 days from receipt of motion, the RD shall schedule a pre-execution conference

No provision

SALIENT DISTINCTIONS OF THE RULES ON THE DISPOSITION OF LABOR STANDARDS CASES AND LABOR LAWS COMPLIANCE SYSTEM

PROVISION D.O. 131-13(New Rules)

D.O. 57-04(Old Rules)

Unclaimed Amount(Rule XII)

Such amount shall be held as special fund by the DOLE for exclusive use of the employees

No provision