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, visitorial and enforcement power of the DOLE Secretary.
1. LABOR LAW
COMPLIANCE SYSTEM
AN INTRODUCTION
Atty. Jericho B. Del Puerto
Business Law and Legal Consultant
JDP Cosulting Ltd. Co.
www.legalaspects.ph
3. WHAT IS LLCS ABOUT?
The Labor Laws Compliance System (LLCS) refers to the in-
tegrated framework of voluntary compliance and enforce-
ment of labor laws and social legislations issued pursuant
to the rule-making, visitorial and enforcement power of the
DOLE Secretary.
The LLCS is designed to assist employers with their labor
law compliance.
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Section 1(p), Rule I.
4. WHO IMPLEMENTS THE LLCS?
Assessment Checklist
Notice of Results
WSO Recommendations
Work Stoppage Order (WSO)
Mandatory Conference
Certificates of Compliance
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Section 1(p), Rule I.
5. 3 MODES OF IMPLEMENTING THE LLCS
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Section 1 and 1(o), Rule III.
Joint Assessment Compliance Visit Occupational Safety
& Health Standards
The employer or management
itself requests assistance from
DOLE to assess their establish-
ment for labor law compliance.
Initiated via:
1. SENA Referral*
2. Labor Complaint
*Single Entry Approach
Initiated via:
1. Existence of Imminent Danger
2. Dangerous Occurrences
3. Accident Resulting in Disabling
Injury
4. OSHS violations committed in
plain view or in the presence of
the LLCO
6. CERTIFICATE OF COMPLIANCE (COC)
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Sec. 1, Rule VII.
COC on General Labor
Standards (GLS)
COC on Occupational Safety and
Health Standards (OSHS)
COC Labor Standards for Public
Transport Utilities (PTU)
COC for Domestic Ships or
Vessels (DSV)
7. 2-year Assessment Free Compliance Visit Occupational Safety
& Health Standards
1. For 2 years, the establish-
ment enjoys presumption
that it is labor law compliant.
2. Hence, no assessment will
be made for that establish-
ment – unless a labor com-
plaint is filed.
1. If OSHS violations are found,
the LLCO will issue recommen-
dations to the employer who
will address them immediately
to avoid dangerous occurrences
or disabling injury.
2. The employer will learn pro-
tective gears needed (e.g.p hard
hat, gloves,
etc.).
1. The employer will learn of the
basic HR forms needed for em-
ployment (e.g. payroll, employ-
ment contract, company policy,
etc.)
2. Statutory Monetary Benefits
will be clarified.
3. Recommendations by the
LLCO will help in formulating
HR policies.
WHY GET A CERTIFICATE OF COMPLIANCE?
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Sec. 1, Rule VII.
8. DOLE offers the following services for labor law compliance:
1. Kapatiran;
2. Labor and Employment Edu-
cation Service;
3. Basic Occupational Safety
and Health;
4. Family Welfare Program;
5. Labor-Management Cooper-
ation;
6. Productivity Improvement
Programs; and
7. Other Programs as may be
formulated to ensure
compliance with labor laws.
TOOLBOX OF PROGRAMS AND SERVICES
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Sec. 4, Rule III.
9. EMPLOYMENT RECORDS
The employers are required to keep and maintain all employ-
ment records in and about the premises of all establish-
ments/workplaces for a period of at least three (3) years.
(NOTE: It is suggested to keep the employment records for at
least 10 years since counting of the prescriptive period for
monetary claims and non-monetary claims depend on date
of denial, whether express or implied, by the employer.)
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Section 6, Rule III.
11. COVERAGE
The Joint Assessment or “Assessment” is initiated by the em-
ployer who requested DOLE for assistance with their Labor
Law Compliance. The Assessment covers all private establish-
ments, including their branches and workplaces.
Note: Those with valid Tripartite Certificate of Compliance with Labor
Standards (TCCLS) are not covered by the Assessment.
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Section 1, Rule IV.
12. The following establishments and workplaces will be prioritized:
1) Those engaged in hazardous
work;
2) Those employing child em-
ployees;
3) Those engaged in contracting
and subcontracting
arrangements;
4) Those engaged in domestic
shipping using
Philippine registered ships or
vessels; and
5) Those employing 10 or more
employees.
PRIORITY ESTABLISHMENTS AND WORKPLACES
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Sec. 2, Rule IV.
13. -Labor Law Compliance Officer (LLCO) visits
and assesses the establishment for
compliance.
-LLCO will inspect employment records,
interview employees, and inspect
premises.
-w/ Letter and Authority to Assess
-If compliant, LLCO will issue an Assessment
Checklist, and Notice of Results recom-
mending issuance of COCs.
-If non-compliant, employer will be given
the proper remediation period to comply.
Employer requests DOLE to
be assessed.
-Once compliance is validated, Regional
Director issues Certificates of
Compliance.
-For non-compliant establishments, they
will be given the proper remediation
period.
-If continued, Work Stoppage Order
(WSO) is issued. Criminal action is filed.
PROCEDURE OF JOINT ASSESSMENT
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Section 1(p), Rule I.
15. COVERAGE
The Compliance Visit or “Visit” covers the following instances:
1. SEnA Referral;* or
2. When a complaint is filed against the establishment.
Unlike Joint Assessment which is initiated by the employer who wants to
be voluntarily assessed for labor law compliance, Compliance Visit is one
wherein the employer is assessed due to reasons not attributable to him.
*Singe Entry Approach (SEnA)
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Sec. 1, Rule V; cf. DOLE D.O. No. 107, S. 2010
16. -Labor Law Compliance Officer (LLCO) visits
and assesses the establishment for
compliance.
-LLCO will inspect employment records,
interview employees, and inspect
premises.
-w/ Letter and Authority to Assess
-If compliant, LLCO will issue an Assessment
Checklist, and Notice of Results recom-
mending issuance of COCs.
-If non-compliant, employer will be given
the proper remediation period to comply.
Employer requests DOLE to
be assessed.
-Once compliance is validated, Regional
Director issues Certificates of
Compliance.
-For non-compliant establishments, they
will be given the proper remediation
period.
-If continued, Work Stoppage Order
(WSO) is issued. Criminal action is filed.
PROCEDURE OF COMPLIANCE VISIT
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Section 1(p), Rule I.
18. COVERAGE
The Occupational Safety and Health Standards Investigation or
“Investigation” upon report of the either the following:
1. Existence of Imminent Danger;
2. Dangerous Occurrences;
3. Accident resulting to Disabling Injury; and
4. Occupational Safety and Health Standards violations committed
in plain view or in the presence of the LLCO.
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Sec. 1, Rule VI
19. -If LLCO is allowed entry, he issues
Recommendations.
-If unabated, LLCO issues Notice of
Results, Report w/ WSO
recommendation.
-If LLCO is not allowed entry, he issues
Recommendations to File Criminal Action
and WSO issuance.
-If abated or once compliance is made, he
issues a Compliance and Validation Report.
Employer requests DOLE to
be assessed.
NOTE: This procedure is only for:
(1) existence of imminent danger,
(2) dangerous
occurrences, and
(3) accident resulting in
disabling injury.
-If unabated, RD issues Work Stoppage
Order (WSO) w/n 24 hours.
-Mandatory Conference will be held.
-After compliance, RD issues lifts WSO
and issues COCs.
-If unabated, RD issues Work Stoppage
Order (WSO) w/n 24 hours.
-Mandatory Conference will be held.
-After compliance, RD issues lifts WSO
and issues COCs.
PROCEDURE OF OSHS INVESTIGATION
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Section 1(p), Rule I.
20. NOTE: This is the procedure for Occupational Safety and Health Standards in
Plain View or in the Presence of the LLCO:
1) If it poses imminent danger to the life and limb of the employees
-Same as earlier (cf. Imminent Danger Situations/Dangerous Occurrences)
2) If it pertains to personal protective equipment: immediate correction
3) If it pertains to deficiencies other than those mentioned above
-Employer + Employee = Action Plan (w/ LLCO Assistance), 3 mos. implementation
-Employer: Status Report on Compliance for RD
-After compliance: Compliance and Validation Report (LLCO)
-Non-compliance: Notice of Result with Compliance Order recommendation
-RD: Compliance Order
PROCEDURE OF OSHS INVESTIGATION
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Sec. E.2, Rule VI
22. 10-DAY REMEDIAL PERIOD: MONETARY BENEFITS
For deficiency involving monetary and/or social welfare benefits, the
establishment has to institute corrective measures within ten (10)
days from receipt of the Assessment Checklist. Otherwise, a Notice
of Results indicating the noted deficiency will be issued by the LLCO.
Upon institution by the establishment of the required corrective measures,
the LLCO will recommend to the Regional Director the issuance of Certifi-
cate(s) of Compliance. Based on the documents of compliance submitted,
the DOLE Regional Director will then validate the findings of the LLCO and
issue the Certificate(s) of Compliance.
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Sec. 4 (E.1), Rule
23. OCCUPATIONAL SAFETY AND HEALTH STANDARDS
1) If it poses imminent danger to the life and limb of the employees,
the LLCO will recommend to the establishment the necessary
corrective action to immediately abate the imminent
danger/dangerous occurrence. If abated, the LLCO will submit a
report to the Regional Director.
If not abated, the LLCO will issue a Notice of Results to the establishment and submit a report to
the Regional Director on the existence of imminent danger/dangerous occurrence and/or other
labor standards violations and recommend a Work Stoppage Order (WSO) within twenty-four
(24) hours. Upon receipt of such recommendation, the Regional Director will immediately
validate and issue a WSO, copy furnished the DOLE Secretary. The LLCO shall serve the WSO
within twenty-four hours from receipt thereof. After 24 hours from service, the Regional Director
will conduct a mandatory conference to determine whether the imminent danger/dangerous
occurrence still exist. The mandatory conference will not exceed seventy-two (72) hours).
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Sec. 4 (E.1), Rule
24. OCCUPATIONAL SAFETY AND HEALTH STANDARDS
2) If it pertains to personal protective equipment, the correction
should be immediately effected;
3) If it pertains to deficiencies other than those mentioned above,
the employer and the employees will have to formulate an Action
Plan with the assistance of the LLCO.
Such Action Plan should be formulated within ten (10) days from receipt of the
assessment checklist. Within ten (10) days from the formulation of the Action Plan, the
employer will submit a status report on its compliance with the Regional Office. The
Action Plan has to be implemented within the remediation period which will not exceed
three (3) months.
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Sec. 4 (E.2.2 and 2.2.3), Rule IV.
25. CONSEQUENCES
Criminal Prosecution
There are criminal liabilities for non-compliance with labor laws.
For LLCS, employers who refuse access to employment records and work premises to LLCOs may
be held criminally liable.
If an offense is committed by a corporation/juridical person, the guilty officer/s are liable.
3 mos. to 3 yrs. imprisonment – Labor Code Violations
6 yrs. & 1 day to 12 yrs. – SSS Law violations
… to name a few (other labor laws have different sentence)
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Sec. 4 (F), Rule IV; cf. Labor Code, Minimum Wage Law, SSS Law,
26. CONSEQUENCES
Fines and Penalties
A non-compliant establishment may be imposed with fines and penalties
P1,000.00 to P10,000.00 – Labor Code Violations
Double indemnity – Minimum Wage Violations
… to name a few (other labor laws have different fines and penalties)
RULES ON LABOR LAWS COMPLIANCE SYSTEM (“LLCS Rules”). Sec. 4 (F), Rule IV; cf. Labor Code, Minimum Wage Law, SSS Law,