DOLE implements labor law compliance by checking whether an establishment follows labor laws.

Labor Law Compliance System (LLCS)

The Labor Laws Compliance System (LLCS) refers to the integrated framework of voluntary compliance and enforcement of labor laws and social legislations issued pursuant to the rule-making and visitorial and enforcement power of the DOLE Secretary.[1]

Modes of Implementation

In order to implement the Labor Law Compliance System (LLCS), the following are the three modes by which the DOLE can proceed:

  1. Joint Assessment;
  2. Compliance Visit; or
  3. Occupational Safety and Health Standards Investigation.[2]

LLCS may be commenced through any of the above modes of implementation.

Designation of LLCO

Before implementing the LLCS, the DOLE Secretary will issue a List of LLCOs with general authority to do assessment of establishments in the region. The general authority includes investigation of occupational safety and health standards violation committed in plain sight or in his/her presence.[3]

An LLCO is a Labor Law Compliance Officer who is the authorized DOLE personnel to conduct Joint Assessment, Compliance Visit, Occupational Safety and Health Standards Investigation, compliance advocacies and advisory services, hold conciliation and mediation conferences, and perform such other related functions which may be necessary in the enforcement of the Labor Code of the Philippines and other related laws.[4]

Certificates of Compliance

If an establishment is found to be compliant by the LLCO and validated by the Regional Director, the latter will issue the following:

  1. Certificate of Compliance on General Labor Standards;
  2. Certificate of Compliance on Occupational Safety and Health Standards;
  3. Labor Standards Certificate of Compliance for Public Transport Utilities; or
  4. Certificate of Compliance for ships/vessels engaged in domestic shipping found compliant pursuant to Department Order No. 129.[5]

The certificates are valid for two (2) years from date of issuance. Within the 2-year period, the establishment is presumed to be compliant with labor laws and social legislations. No assessment can be conducted within the validity of the certificate of compliance – unless a complaint is filed, in which case, a Compliance Visit will immediately be conducted.[6]

Establishments that are able to maintain their status of good standing within four (4) consecutive years will automatically qualify for publication as nominee to the Tripartite Certificate of Compliance with Labor Standards (TCCLS) under the DOLE D.O. No. 115-11, Series of 2011.[7]

Toolbox of Programs and Services

To ensure continued Labor Law Compliance, DOLE has a Toolbox of Programs and Services subject to the three modes of conducting the LLCS:

  1. Kapatiran;
  2. Labor and Employment Education Service;
  3. Basic Occupational Safety and Health;
  4. Family Welfare Program;
  5. Labor-Management Cooperation;
  6. Productivity Improvement Programs; and
  7. Other Programs as may be formulated to ensure compliance with labor laws.[8]

Employment Records

The employers are required to keep and maintain all employment records in and about the premises of all establishments/workplaces for a period of at least three (3) years.[9] (It is suggested to keep the employment records for at least 10 years since reckoning of the prescriptive period for monetary claims and non-monetary claims depend on date of denial by the employer.)

*Comment or feedback: info@jdpconsulting.ph

References

[1] RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Section 1(p), Rule I.

[2] Ibid. Section 1, Rule III.

[3] Ibid. Section 2, Rule III.

[4] Ibid. Section 1(o), Rule II.

[5] Ibid. Sec. 1, Rule VII.

[6] Ibid. Par. 1, Sec. 2, Rule VII.

[7] Ibid. Par. 2, Sec. 1, Rule VII.

[8] Ibid. Sec. 4, Rule III.

[9] Ibid. Section 6, Rule III.