Labor inspections is one of the ways the Department of Labor and Employment (“DOLE”) implements its visitorial and enforcement powers under the Labor Code, to secure a higher level of compliance with labor laws and standards, and to ensure continuity and sustainability of compliance at workplaces. This function is delegated by the DOLE Secretary to the regional offices, through the labor inspectors, to enforce labor laws and social legislation through the conduct of routine inspection, complaint inspection, and occupational safety and health (“OSH”) investigation.
As of October 31, 2022, the DOLE reported that for the year 2022, a total of 74,945 establishments were inspected by labor inspectors. Out of these establishments, the labor inspectors found that the inspected establishments have low initial compliance rates at 53.96% and 78.08% on OSH standards and general labor standards, respectively. Common violations found by labor inspectors include non-compliance with the registration, reporting, and remittance requirements with the Social Security System, Philippine Health Insurance Corporation, and Home Development Mutual Fund, and the absence of a company OSH program. The compliance rate on OSH and general labor standards significantly increased to 72.61% and 88.24%, respectively, after the implementation of the necessary corrections by the inspected establishments.
To focus on attending to all pending labor standards cases and to prepare for the inspection program for 2023, DOLE Secretary Bienvenido E. Laguesma issued Administrative Order No. 342, series of 2022, which directed all regional directors of the DOLE to temporarily cease all labor inspection activities in their respective regions starting December 1, 2022. The suspension of labor inspection activities does not include OSH investigations, technical safety inspections, and other inspection activities as directed by the DOLE Secretary.
Even if labor inspections are currently suspended, DOLE Secretary Laguesma directed the DOLE Regional Directors to ensure that all results of inspection activities are uploaded in the Labor Inspection–Management Information System on or before December 31, 2022.
The conduct of labor inspections, specifically routine inspections, will resume upon the issuance of the 2023 General Authority for Labor Inspectors.
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For further information, please contact:
Ronald Mark C. Lleno, Partner, SyCip Salazar Hernandez & Gatmaitan
rmclleno@syciplaw.com
