Department Order No. 283-23 series of 2023 | Visitorial and enforcement powers | DOLE Secretary | JURISDICTION & REMEDIES

The Secretary of Labor and Employment in the Philippines holds significant visitorial and enforcement powers to ensure compliance with labor standards, as outlined in Article 128 of the Labor Code. These powers enable the Department of Labor and Employment (DOLE) to inspect workplaces, access employment records, and enforce labor laws effectively.

To further enhance these capabilities, DOLE issued Department Order No. 238, Series of 2023, on April 12, 2023. This order, titled "Rules on the Administration and Enforcement of Labor Standards pursuant to Article 128 of the Labor Code of the Philippines, as renumbered, and Republic Act No. 11058," aims to strengthen the enforcement of labor standards and occupational safety and health (OSH) regulations across all workplaces.

Key Provisions of Department Order No. 238-23:

1. Objective and Coverage:

   • The order seeks to enhance compliance with general labor standards, OSH standards, and other social legislations, ensuring continuous and sustainable adherence in all workplaces.

2. Approaches to Enforcement:

   • Technical and Advisory Visit (TAV): Targeted at micro-establishments employing fewer than 10 workers, TAVs provide guidance to help these small businesses comply with labor laws.
   • Labor Inspection: Involves a thorough examination of establishments to assess compliance with labor standards and OSH regulations.
   • Occupational Safety and Health Investigation: Focuses on investigating compliance with OSH standards, particularly in workplaces with potential hazards.

3. Priority Establishments for Inspection:

   • Establishments engaged in hazardous work.
   • Employers of children and/or women.
   • Construction projects.
   • Philippine-registered ships or vessels engaged in domestic shipping.
   • Fishing vessels.
   • Establishments involved in contracting or subcontracting arrangements.
   • Establishments subject to Single-Entry Approach (SEnA) referrals, anonymous complaints, or requests for inspection.
   • Other establishments as determined by the Secretary of Labor and Employment.

4. Inspection Process:

   • Labor Inspectors are authorized to access employer records and premises at any time work is being conducted.
   • They may interview employees and investigate any conditions necessary to determine compliance with labor laws.
   • Following an inspection, a Notice of Inspection Results is issued, detailing any violations and required corrective actions.

5. Enforcement Actions:

   • Issuance of compliance orders to enforce labor standards provisions.
   • Issuance of writs of execution for the enforcement of orders, except when contested by the employer with supporting documentary evidence.
   • Authority to order the stoppage of work or suspension of operations when non-compliance poses a grave and imminent danger to worker health and safety.

6. Record-Keeping Requirements:

   • Employers are mandated to maintain employment records on-site for at least three years.
   • If records are centralized elsewhere, employers must provide access or produce hard copies upon request by labor inspectors.

Department Order No. 238-23 represents a comprehensive effort by DOLE to bolster the enforcement of labor laws and ensure safer, fairer working conditions across the Philippines. By delineating clear procedures and expanding the scope of inspections, the order aims to foster a culture of compliance and protect the rights and welfare of workers nationwide.