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Responsibilities of Government Agencies

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1. Obligations of Government Agencies

Government agencies or instrumentalities engaging security services from Security Service Contractor / Private Security Agency (SSC/PSA) shall comply with all labor standards and shall require the submission, among other requirements and as part of the bid, an undertaking from the SSC/PSA to pay their security guards and other private security personnel the prescribed benefits. (Section 7.2, D.O. No. 150, Series of 2016)

2. Enforcement of Labor Standards and Working Conditions

Consistent with Article 128 of the Labor Code, as amended, the Secretary of Labor and Employment, or his/her duly authorized representatives, shall conduct assessment of establishments engaged by the principal or by the SSC/PSA. They 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 security guard and other private security personnel, 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, as amended, any labor law, wage order, or rules and regulations issued pursuant thereto. (Section 9.3, Ibid.)

The findings of the duly authorized representative shall be referred to the Regional Director for appropriate action. The Regional Director shall have the power to issue Compliance Orders to give effect to the labor standards provisions of the Labor Code, as amended, other labor legislation, and this Guidelines. (Paragraph 2, Section 9.3, Ibid.)

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References

  • DOLE D.O. No. 15, Series of 2016
  • Jurisprudence or Supreme Court Decisions
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