Guide to DOLE Visit, Inspection, or Investigation

Guide to DOLE Visit, Inspection, or Investigation

1. Concept DOLE labor standards inspection – refers to the exercise of the DOLE Secretary’s visitorial and enforcement powers in relation to administering and enforcing labor standards in establishments, either through a Technical and Advisory Visit, a Labor Inspection, or an Occupational Safety and Health Investigation. a. Legal basis 1) Legislation ART. 128. Visitorial and…

Unorganized establishments

Unorganized establishments

1. Concept Unorganized establishments – under the Labor Code Code, refer to establishments where there is no recognized or certified legitimate labor organization which has been elected to be the sole and exclusive bargaining agent (SEBA) for purposes of collective bargaining with the employer. References • Article 268, Title VII, Book V, P.D. 442, Labor…

Organized establishments

Organized establishments

1. Concept “Organized Establishment” refers to an enterprise where there exists a recognized or certified sole and exclusive bargaining agent. (Section 1[11], Rule I, Department Order No. 40, Series of 2003) Organized establishments – under the Labor Code Code, refer to establishments where the employees have organized and elected a legitimate labor organization to be…

Five J Taxi v. NLRC (1994)

Five J Taxi v. NLRC (1994)

Five J Taxi v. NLRC, G.R. No. 111474, August 22, 1994, Regalado, J.: 1. Background • [The Complainants] Domingo Maldigan and Gilberto Sabsalon were hired by [the Company] as taxi drivers 2 and, as such, they worked for 4 days weekly on a 24-hour shifting schedule. Aside from the daily “boundary” of P700.00 for air-conditioned…

Niña Jewelry Manufacturing of Metal Arts, Inc. v. Montecillo (2011)

Niña Jewelry Manufacturing of Metal Arts, Inc. v. Montecillo (2011)

Niña Jewelry Manufacturing of Metal Arts, Inc. v. Montecillo, G.R. No. 188169, November 28, 2011, Per Reyes, J.: 1. Background • Madeline Montecillo (Madeline) and Liza Trinidad (Liza), hereinafter referred to collectively as [the Complainants], were first employed as goldsmiths by [the Company] Niña Jewelry Manufacturing of Metal Arts, Inc. (Niña Jewelry) in 1996 and…

Duncan Association of Detailman-PTGWO vs. Tecson (2004)

Duncan Association of Detailman-PTGWO vs. Tecson (2004)

CASE DETAILSCase Title                          Duncan Association of Detailman-PTGWO vs. TecsonCitationG.R. No. 162994, September 17, 2004Penned byTinga, J. 1. Background • [The employee] [P.A.] Tecson (Tecson) was hired by respondent Glaxo Wellcome Philippines, Inc. (Glaxo) as medical representative on October 24, 1995, after Tecson had undergone training and orientation. • Thereafter, Tecson signed a contract of employment…