1. Concept
A DOLE Inspection Report is a notice of results issued by a DOLE inspector after conducting an inspection or audit over an establishment. The report is commonly known as “DOLE Findings.”
If there are findings, the employer is provided a remedial period or grace period to resolve the findings or issues. The length of time varies depending on the findings.
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♠ BEST LEGAL PRACTICE
Request for remedial period to be written on the DOLE inspection report. – It is best to request that the remedial period be indicated on the DOLE inspection report. There are cases when the DOLE inspector overlooks writing the grace period to resolve the findings or issues. This may cause problems on the employer. When findings remain unresolved after window period, the findings escalate into a formal labor complaint which will be filed before the DOLE Regional Director. Since it is a formal labor complaint, there is a necessity to attend conferences and file a position paper. If left unresolved, the DOLE may issue a compliance order, which may contain a directive against the employer, as well as possible fines and penalties.
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In general, the findings may be classified into three groups:
1) General labor standards;
2) Mandatory workplace policies and programs;
3) Occupational safety and health standards; and,
4) Miscellaneous findings.
a. General labor standards
The following may be contained in the findings on general labor standards:
1) No/underpayment of wages;
2) No/underpayment of 13th month pay;
3) No/underpayment of overtime pay;
4) No/underpayment of premium pay;
5) No/underpayment of holiday pay;
6) No/underpayment of night shift differential pay;
7) No/underpayment of service incentive leave (cash conversion);
8) No/underpayment of maternity leave pay or no maternity leave credits;
9) No/underpayment of paternity leave pay or no paternity leave credits;
10) No/underpayment of solo parent leave pay or no solo parent leave credits;
11) No/underpayment of special leave for women pay or no special leave for women credits;
12) No/underpayment of VAWC leave pay or no VAWC leave credits;
13) No/underpayment of separation pay;
14) No/underpayment of service charges; or,
15) No/underpayment of retirement pay.
In addition:
1) No 13th month pay reports
2) No family welfare program
b. Mandatory workplace policies and programs
The following may be contained in the findings on mandatory workplace policies:
1) Alcohol-free workplace policies and programs;
2) Anti-sexual harassment workplace policies and programs;
3) Covid-19 workplace policies and programs;
4) Drug-free workplace policies and programs;
5) Hepatitis B workplace policies and programs;
6) HIV and AIDS workplace policies and programs;
7) Mental health workplace policies and programs;
8) Occupational safety and health standards workplace policies and programs; and,
9) Tuberculosis prevention workplace policies and programs.
c. Occupational safety and health standards
The following may be contained in the findings on occupational safety and health standards:
1) No registry of establishments under Rule 1020;
2) No certified first aider – who must have a BOSH certificate;
3) No mandatory orientation of all workers on OSH (8 hrs);
4) No annual medical report;
5) No annual work accident/injury exposure data; or,
6) No fire safety inspection certificate;
In addition for certain size and category of an establishment:
1) No nurse; or,
2) No doctor;
d. Miscellaneous findings
Miscellaneous findings may contain:
1) Non-compliance with contracting and subcontracting (referring to DOLE DO 147-17);
2) No semi-annual reports for contracting and subcontracting; and
3) Analogous thereto
