Guidelines in the Conduct of Special Assessment or Visit of Establishments (SAVE)

July 30, 2014

DOLE DEPARTMENT ORDER NO. 131-A-14

GUIDELINES IN THE CONDUCT OF SPECIAL ASSESSMENT OR VISIT OF ESTABLISHMENTS (SAVE)

In the interest of labor justice, this Guidelines is being issued to be observed in case of Special Assessments or Visits of Establishments (SAVE) pursuant to the provisions of Department Order 131-13, otherwise known as the "Rules on the Labor Laws Compliance System", to ensure compliance with Labor Laws, particularly on policy on hiring and other related concerns.

For this purpose, the Secretary of Labor and Employment, in the exercise of his/her visitorial power under Article 128 of the Labor Code, as amended, may place an establishment under a SAVE.

A composite team shall be created comprised of representatives from the Regional Office, as lead, and the Bureau of Working Conditions (BWC), the Occupational Safety and Health Center (OSHC), and other DOLE Agencies, as may be necessary, as members, to conduct the SAVE, which may cover its head office and/or branches or as may be directed by the Secretary of Labor and Employment.

SAVE shall observe the following procedure:

1. Within 24 hours from receipt of an order from the Secretary of Labor and Employment, the Regional Director/s shall issue the Authority to Assess the establishment covered by the SAVE;

2. Assessment or Visit shall be conducted by the composite team in accordance with Department Order 131-13, utilizing the LLCS-Management Information System;

3. In addition to the indicators in the Checklist, the composite team shall look into the following: HEcIDa

3.1 Establishment Profile, with information on the number and location of branches;

3.2 Organizational structure and total number of employees, broken down into the following specific employment classification and structure:

• Managerial

• Supervisory

• Rank and file employees (classified according to status whether regular/permanent, seasonal, temporary, project-based, fixed-term, casual, probationary, apprentice, under dual training system, learners, trainees, and OJTs)

• Number of workers repeatedly hired, if any, and its frequency (e.g., 3-3-3, 5-5-5 etc.)

3.3 The recruitment/hiring, and firing processes and practices;

3.4 Compliance with Labor Laws, GLS and OSHS;

3.5 Other information detailed under the order of the Secretary of Labor and Employment; and,

3.6 Contractors/Subcontractors, total number of employees mobilized or assigned with the principal/s, term of employment vis-à-vis the term of the service agreement, and compliance with D.O. 18-A;

4. After the initial assessment, the Regional Director shall submit a report within 72 hours from the date of assessment to the Secretary of Labor and Employment containing the above information and preliminary determination of compliance with labor laws;

5. In case of compliance, a certificate shall be issued by the Regional Director with the concurrence of the members of the composite team. A copy of the certificate shall be provided to all other Regional Offices for monitoring of compliance of branches; CSDTac

6. If there are gaps in compliance, a monthly progress report shall be submitted by the Regional Director on the corrective actions and proceedings that transpired thereafter (hearings and technical assistance rendered, if any), and the plan of action recommended by the composite team;

7. The SAVE activity shall be concluded with a final report detailing the facts, information, statistics, other relevant data and recommendations essential for the Secretary of Labor and Employment to determine the establishment's compliance with labor laws to be submitted by the Regional Director within three (3) months from the conduct of assessment; and,

8. Subject to the discretion of the Secretary of Labor and Employment, further proceedings to enforce compliance with labor laws may be conducted before the Office of the Secretary.

For guidance and strict compliance.

Manila, Philippines. July 30, 2014.

 

(SGD.) ROSALINDA DIMAPILIS-BALDOZSecretary