Relative to Part XIV on Labor, Manpower and Youth Development and Other Pertinent Provisions of the Integrated Reorganization Plan

November 17, 1972

LETTER OF IMPLEMENTATION NO. 15

RELATIVE TO PART XIV ON LABOR, MANPOWER AND YOUTH DEVELOPMENT AND OTHER PERTINENT PROVISIONS OF THE INTEGRATED REORGANIZATION PLAN

 

Pursuant to Presidential Decree No. 1, dated September 24, 1972, Reorganizing the Executive Branch of the National Government, you are hereby directed to implement Part XIV on Labor, Manpower and Youth Development and other pertinent provisions of the Integrated Reorganization Plan, hereinafter referred to as the "Plan," prepared by the Commission on Reorganization as follows:

ORGANIZATION OF THE DEPARTMENT OF LABOR

SECTION 1. The organization and functions of the Department of Labor, hereinafter referred to as the "Department," shall be in accordance with the provisions of Part XIV and other pertinent provisions of the Plan and the details contained in this Letter of Implementation. The Department shall have exclusive authority in the administration and enforcement of labor laws and such other laws as specifically assigned to it or to the Secretary of Labor. HTcADC

SECTION 2. The organization of the Department, as graphically depicted in the following organization charts, shall consist of the Department proper composed of the immediate Office of the Secretary, the Planning Service, the Financial and Management Service, the Administrative Service, the Labor Statistics and Information Service, and the International Labor Affairs Service; the Bureau of Labor Relations; the Bureau of Labor Standards with a Labor Standards Commission attached to it; the Bureau of Women and Minors; the Bureau of Workmen's Compensation with a Workmen's Compensation Commission attached to it; the Bureau of Employment Services; the Bureau of Apprenticeship; and eleven regional offices.

The Wage Commission shall be under the administrative supervision of the Department, while the National Manpower and Youth Council shall be attached to the Department.

RELATIONSHIPS BETWEEN THE DEPARTMENT PROPER, BUREAUS, FIELD OFFICES AND NATIONAL MANPOWER AND YOUTH COUNCIL

SECTION 3. The Office of the Secretary shall have

[Organization Chart I: Department of Labor]

direct line supervision over the bureaus and regional offices. It shall have responsibility for overseeing field operations to insure the judicious and effective implementation of the labor programs as initially drawn by the bureaus along their respective areas of expertise. It shall constantly draw from the bureaus such advice and assistance as may be necessary to successfully achieve the goals and objectives of the labor program. n

SECTION 4. The bureaus of the Department shall be essentially staff in character, and as such shall exercise functional supervision over the regional and other field offices. They shall be primarily involved in the development of plans and programs within their respective functional specialization, and shall likewise develop related policies, guidelines and standards necessary in guiding the regional and field offices in the proper implementation of such plans and programs. Where necessary and as a means of assisting the Department proper in properly delineating the methods and plans of operation at the field level, they shall maintain communication and contact with the regional and other field offices for the purpose of updating established plans and programs and determining problems arising therefrom.

SECTION 5. The regional and other field offices shall constitute the operating arms of the Department with responsibility for directly implementing the plans and programs drawn up by the staff bureaus and assigned by the Department Secretary in accordance with duly adopted policies, standards and guidelines. They shall be organized as miniature counterparts of the Department in the region and shall be vested with sufficient authority to undertake departmental operations within their respective jurisdictions. In the exercise of such authority they shall be directly responsible to the Secretary, and shall receive proper technical supervision from the staff bureaus.

SECTION 6. The National Manpower and Youth Council is attached to the Department for policy and program coordination. This shall be effected at various levels in the organizational structure. The Chairman of the Council, who is the Secretary of Labor, shall have general supervision over Secretariat functions undertaken pursuant to Council policies. Coordination shall likewise be effected between the Bureau of Manpower Planning and Development and the National Manpower Skills Center of the Council with the appropriate staff bureaus of the Department.

FUNCTIONAL STATEMENTS OF THE DEPARTMENT OF LABOR

SECTION 7. In conformity with the above set of functional relationships, the functions, powers, duties and responsibilities of the various units of the Department shall be as follows:

OFFICE OF THE SECRETARY

SECTION 8. The Office of the Secretary shall consist of the Secretary of Labor, the Undersecretary of Labor, and the personnel in their immediate office. It shall be responsible for the adoption and promulgation of rules and regulations necessary to carry out departmental policies and objectives, and for exercising general supervision and control over the bureaus and offices of the Department.

Functions of the Secretary

SECTION 8.1. The functions of the Secretary shall be as follows:

1. Advise the President in the promulgation of executive orders, regulations, and decrees relative to matters under the jurisdiction of the Department;

2. Establish the policies and standards for the operation of the Department pursuant to the President's program of government;

3. Promulgate rules and regulations necessary to carry out Department objectives, policies, and functions;

4. Exercise supervision and control over all offices under the Department;

5. Delegate authority for the performance of any function to officers and employees under his direction; and

6. Perform such other functions as may be provided by law.

Functions of the Undersecretary

SECTION 8.2. The functions of the Undersecretary shall be as follows:

1. Advise and assist the Secretary in the formulation and implementation of Department objectives and policies; DETACa

2. Oversee all the operational activities of the Department for which he shall fee responsible to the Secretary;

3. Coordinate the programs and projects of the Department, and be responsible for its economical, efficient, and effective administration;

4. Serve as deputy to the Secretary in all matters relating to the operations of the Department; and

5. Perform such other functions as may be provided by law.

SECTION 8.3. When the Secretary is unable to perform his duties owing to illness, absence, or other cause, or in case of vacancy in the office, the Undersecretary shall temporarily perform the functions of said office.

FUNCTIONS OF THE PLANNING SERVICE

SECTION 9. The Planning Service shall, among others, be responsible for providing the Department with economical, efficient, and effective services relating to planning, programming, and project development. It shall have a Planning and Programming Division and a Project Development and Evaluation Division with corresponding duties and responsibilities, as follows:

Functions of the Planning and Programming Division

SECTION 9.1. The Planning and Programming Division shall have the following functions, among others:

a. Formulate long-range and annual plans and programs for the Department;

b. Formulate basic policies and guidelines for the preparation of the departmental budget, including those for the detailed allocation of funds for capital outlays, and coordinate with the Budget Division in the preparation of the Department's budget;

c. Formulate criteria for determining priorities for proposed projects, and accordingly select capital projects for funding and execution, including appropriate financing schemes;

d. Undertake such re-programming as necessary in accordance with actual resources made available, including the determination of cut-backs and projects to be changed from unprogrammed to programmed category;

e. Periodically evaluate performance reports and integrate project implication for aggregative planning;

f. Maintain liaison with the central planning agency and other appropriate economic or planning bodies; and

g. Perform such other functions as may be provided by law.

Functions of the Project Development and Evaluation Division

SECTION 9.2. The Project Development and Evaluation Division shall have the following functions, among others:

a. Initiate and provide support for the development of projects by the various bureaus and offices of the Department in accordance with approved priority areas;

b. Evaluate projects proposed by units of the Department according to technical and economic feasibility and prescribed standards;

c. Undertake major project development activities;

d. Review the progress of projects under implementation against set standards, objectives, and schedules; and

e. Perform such other functions as may be provided by law.

FUNCTIONS OF THE FINANCIAL AND MANAGEMENT SERVICE

SECTION 10. The Financial and Management Service shall be responsible for providing the Department with staff advice and assistance on budgetary, financial, and management improvement matters. It shall have a Budget Division, an Accounting Division, and a Management Division with corresponding duties and responsibilities, as follows:

Functions of the Budget Division

SECTION 10.1. The Budget Division shall have the following functions, among others:

a. Develop and improve budgetary methods, procedures and justifications; ATICcS

b. Provide, subject to budgetary ceilings, fund estimates in support of the Department's operations, plans, and programs;

c. Assist management in the presentation of the Department's budgetary estimates before administrative and legislative bodies;

d. Provide technical assistance to subordinate budget units in the application and utilization of budgetary methods and the budget system;

e. Prepare annual financial work plans;

f. Allocate, in coordination with the Planning Service, available funds to programs on the basis of approved guidelines and priorities;

g. Issue allotment advice in support of the fund requirement for the conduct of the operations under each program;

h. Review performance reports to determine conformance with set standards;

i. Prepare financial reports for management guidance and as required by higher authorities; and

j. Perform such other functions as may be provided by law.

Functions of the Accounting Division

SECTION 10.2. The Accounting Division shall have the following functions, among others:

a. Advise management on financial matters;

b. Prepare and submit financial reports to management and other government departments and agencies authorized to receive such reports;

c. Maintain basic and subsidiary accounting records and books of accounts to reflect accurate and current financial information required by existing auditing rules and regulations and by management;

d. Certify to the availability of funds, obligate funds, and issue Treasury Warrants to liquidate obligations;

e. Process requisitions, vouchers, and reports of collections and disbursements;

f. Prepare billings to debtors of the Department; and

g. Perform such other functions as may be provided by law.

Functions of the Management Division

SECTION 10.3. The Management Division shall have the following functions, among others:

a. Develop plan and program objectives relative to management improvement in the Department;

b. Examine the administrative organization of the Department, and make recommendations for improvement;

c. Maintain and update the Department's organization and other manuals;

d. Undertake regular management surveys of organizational structure, manpower, and operations; study special problems as assigned; review existing methods, procedures, and systems, and make recommendations for improvement;

e. Develop new and improved management system; exercise staff supervision over the implementation of such improvements; and provide training in the use of the system;

f. Develop staffing standards and manpower requirements for the Department;

g. Review internal control systems for safeguarding money and property to ascertain weaknesses and deficiencies requiring correction; and

h. Perform such other functions as may be provided by law.

FUNCTIONS OF THE ADMINISTRATIVE SERVICE

SECTION 11. The Administrative Service shall be responsible for providing the Department with economical, efficient, and effective services relating to personnel, legal assistance, records, supplies, equipment, collection, disbursements, security, and custodial work. It shall have a Personnel Division, a Legal Division, and a General Services Division with corresponding duties and responsibilities, as follows:

Functions of the Personnel Division

SECTION 11.1. The Personnel Division shall have the following functions, among others:

a. Advise management on personnel policy and administration;

b. Develop and administer a personnel program which shall include selection and placement, classification and pay, career and employee development, performance rating, employee relations, and welfare services;

c. Act on all matters concerning attendance, leaves of absence, appointments, promotions, transfers, and other personnel transactions;

d. Conduct training programs in the Department, and assist in the selection of participants in local and foreign training grants, the latter in consultation with the International Labor Affairs Staff; cSEDTC

e. Provide medical services pursuant to the provisions of R.A. 1054;

f. Maintain personnel records and statistics; and

g. Perform such other functions as may be provided by law.

Functions of the Legal Division

SECTION 11.2. The Legal Division shall have the following functions, among others:

a. Provide legal advice to the Secretary, the Undersecretary, and the bureaus and offices of the Department;

b. Interpret laws and rules affecting the operation of the Department;

c. Prepare contracts and instruments to which the Department is a party, and interpret provisions of contracts covering work performed for the Department of private entities;

d. Conduct administrative investigation including the review of administrative charges against employees of the Department;

e. Assist in the promulgation of rules governing the activities of the Department;

f. Prepare comments on proposed legislation concerning the Department;

g. Assist the Solicitor General in court litigation in which the Department is involved; and

h. Perform such other functions as may be provided by law.

Functions of the General Services Division

SECTION 11.3. The General Services Division shall have the following functions, among others:

a. Provide policy guidance on the maintenance and disposition of records and on the procurement and storage of supplies in accordance with government prescribed standards;

b. File and maintain necessary records and establish a records disposition program for the Department;

c. Provide mail, transportation, custodial, security, and general utility services for the Department;

d. Procure, store, and distribute supplies and equipment of the Department, and conduct periodic inventories of the same;

e. Provide and coordinate messengerial, duplicating, and typing pool services;

f. Receive, collect, and deposit cash, prepare payrolls and process vouchers for payment of the Department's obligations; and

g. Perform such other functions as may be provided by law.

FUNCTIONS OF THE LABOR STATISTICS AND INFORMATION SERVICE

SECTION 12. The Labor Statistics and Information Service shall be responsible for providing the Department with economical, efficient, and effective services relating to labor research, statistics, and public information. It shall have a Labor Statistics Division and an Information Division.

Functions of the Labor Statistics Division

SECTION 12.1. The Labor Statistics Division shall have the following functions, among others:

a. Compile, analyze, and integrate statistical data on labor, including operational statistics;

b. Assist in the formulation of labor policy proposals and general economic guidelines;

c. Develop projections and forecasts and prepare economic reports and review based on conducted research;

d. Undertake continuing analysis of economic conditions and trends relating to labor; and

e. Perform such other functions as may be provided by law.

Functions of the Information Division

SECTION 12.2. The Information Division shall have the following functions, among others:

a. Develop programs to have the policies, plans, and activities of the Department properly understood by the public;

b. Produce and disseminate media materials to implement the information program of the Department;

c. Coordinate with the Department of Public Information; and

d. Perform such other functions as may be provided by law.

FUNCTIONS OF THE INTERNATIONAL LABOR AFFAIRS SERVICE

SECTION 13. The International Labor Affairs Service shall, among others, be responsible for providing the Department with economical, efficient, and effective services relating to international labor matters, including representations with foreign governments and international organizations. It shall supervise and coordinate the labor attaché program of the Department. It shall also undertake regulatory functions on overseas employment and the formalization of shipping articles. It shall have an International Labor Relations Division, a Foreign Labor Operations Division, and an Overseas Employment Division. AaCTcI

Functions of the International Labor Relations Division

SECTION 13.1. The International Labor Relations Division shall have the following functions, among others:

a. Advise management on international labor affairs;

b. Make appropriate representations with foreign governments and international organizations, particularly the International Labor Organization, in the field of labor and manpower;

c. Serve as the Department's machinery for consultation, collaboration, and mutual assistance with the ILO; prepare reports and other documents, in cooperation with government, employers, and workers organizations, on labor and social questions originating from the ILO; prepare the Government's reports on ILO Conventions ratified by the Philippines; assist Philippine delegations or representatives attending ILO conferences, meetings, and related activities; and formulate the Department's comments on Conventions and Recommendations adopted by the ILO for consideration by proper authorities;

d. Serve as focal point in the Department for relations with UNDP, ILO and other organizations regarding programs and projects of technical cooperation; facilitate the participation of individuals in training grants, scholarships, and fellowships under these programs; and consolidate the Department's requests for technical assistance under the UNDP country program and other foreign aid schemes;

e. Maintain relations with organization of employers and workers both here and abroad consistent with the tripartite nature of Philippine participation in ILO activities;

f. Coordinate with international and foreign organizations in the formulation and implementation of population and family planning programs and activities in cooperation with workers and employers;

g. Assist the Joint Base Labor Committee under the RP-US Offshore Labor Agreement; and

h. Perform such other functions as may be provided by law.

Functions of the Foreign Labor Operations Division

SECTION 13.2. The Foreign Labor Operations Division shall have the following functions, among others:

a. Supervise and coordinate the labor attaché program, the primary objective of which is the protection of and assistance to Filipino workers abroad, and oversee the overseas labor program;

b. Analyze and evaluate reports and observations of the labor attaches; summarise such reports and, as necessary, recommend action thereon by the proper agency or agencies; prepare periodic summaries of labor situations affecting Filipino workers abroad and of significant developments abroad in the field of economic and social policy which are relevant to Philippine needs;

c. Prepare official instructions and orders from Home Office to labor attaches concerning their respective duties and functions; facilitate, with the assistance of the administrative units concerned, provision of logistical and other Home Office support to enable them to carry out their activities efficiently and effectively; and handle reasonable needs of those assigned abroad;

d. Coordinate implementation, through the labor attaches, of special programs and activities of the government benefiting Filipino workers abroad, such as the RP-US Offshore Labor Agreement, dollar deposits, and remittance program; and

e. Perform such other functions as may be provided by law.

Functions of the Overseas Employment Division

SECTION 13.3. The Overseas Employment Division shall have the following functions, among others:

a. Receive, process, and recommend for approval applications for license or authority to recruit Filipino workers for overseas employment trader existing laws and regulations;

b. Supervise and regulate the hiring of workers for overseas employment; determine compliance of their terms of employment, such as wages, hours, and other conditions, with existing Philippine laws; and take action, as necessary, on revocation of any license or authority issued to recruiters or hirers;

c. Assist in the planning, negotiation, and implementation of government-to-government agreements or arrangements in connection with the employment of Filipino workers abroad; and

d. Perform such other functions as may be provided by law.

FUNCTIONS OF THE BUREAU OF LABOR RELATIONS

SECTION 14. The Bureau of Labor Relations shall perform primarily policy and program development and advisory functions for the Department in the administration and enforcement of laws relating to the conciliation of labor disputes, labor counselling and voluntary arbitration, registration, and supervision of labor unions, orientation for workers, and the examination of books of accounts and other financial records of legitimate labor organizations to determine compliance or non-compliance with the laws. EcTCAD

The Bureau, as graphically depicted in the following organization chart, shall have a Conciliation Division, a Labor Relations Division, a Labor Counseling Division, and a Labor Welfare Division with corresponding duties and responsibilities, as follows:

Functions of the Conciliation Division

SECTION 14.1. The Conciliation Division shall have the following functions, among others:

a. Formulate policies and programs relating to conciliation of labor disputes;

b. Develop standards and procedures for the guidance and compliance of regional offices;

c. Analyze and evaluate performance reports from the regional offices;

d. Maintain a compilation of all collective bargaining agreements, orders, awards, and decisions on industrial disputes and other data for the information and guidance of interested parties; and

[Organization Chart II: Bureau of Labor Relations]

e. Perform such other functions as may be provided by law.

Functions of the Labor Relations Division

SECTION 14.2. The Labor Relations Division shall have the following functions, among others:

a. Formulate policies, programs, rules, and regulations relating to the registration and supervision of legitimate labor union activities, including denial, cancellation, and revocation of labor union permits and the examination of books of accounts and other financial records of legitimate labor organizations to determine compliance or non-compliance with the laws;

b. Develop standards and procedures for the guidance and compliance of regional offices;

c. Analyze and evaluate performance reports from regional offices;

d. Maintain a master list of all unions registered with the regional offices; and

e. Perform such other functions as may be provided by law.

Functions of the Labor Counseling Division

SECTION 14.3. The Labor Counseling Division shall have the following functions, among others:

a. Formulate policies and programs relating to counseling and voluntary arbitration;

b. Develop standards and procedures for the guidance and compliance of regional offices;

c. Analyze and evaluate performance reports from regional offices;

d. Provide consultative services to labor and management on counseling and voluntary arbitration matters; and

e. Perform such other functions as may be provided by law.

Functions of the Labor Welfare Division

SECTION 14.4. The Labor Welfare Division shall have the following functions, among others:

a. Formulate policies and programs, schemes, and projects, and provide technical assistance to regional offices relating to the proper orientation of workers on their rights and privileges under existing labor laws and the improvement of the standards of living of workers and their families;

b. Develop standards and procedures for the guidance and compliance of regional offices;

c. Analyze and evaluate performance reports from regional offices;

d. Provide consultative services to labor and management on labor welfare matters; and

e. Perform such other functions as may be provided by law.

FUNCTIONS OF THE BUREAU OF LABOR STANDARDS

SECTION 15. The Bureau of Labor Standards shall perform primarily policy and program development and advisory functions for the Department in the administration and enforcement of laws relating to wages and hours and the health and safety of workers in centers of labor.

The Bureau, as graphically depicted in the following organization chart, shall have a Health and Safety Division, an Inspection Standards Division, and a Wage and Hour Division with corresponding duties and responsibilities, as follows:

[Organization Chart III: Bureau of Labor Standards]

Functions of the Health and Safety Division

SECTION 15.1. The Health and Safety Division shall have following functions, among others:

a. Develop and establish safety standards and orders and prescribe uniform safety measures and devices in all places of employment in accordance with law;

b. Develop, prescribe, and disseminate standards and measures to propagate safety consciousness and habits among workers;

c. Develop and prescribe occupational health programs for workers in relation to their working environment, conducting appropriate tests for the purpose, to effectively prevent and control the occurrence of occupational injury and disease; HSAcaE

d. Analyze and evaluate performance reports from the regional offices; and

e. Perform such other functions as may be provided by law.

Functions of the Inspection Standards Division

SECTION 15.2. The Inspection Standards Division shall have the following functions, among others:

a. Develop methods and procedures, set policy standards, and devise forms for the conduct of inspection in the enforcement of laws relating to wages and hours, the Woman and Child Labor Law, the Free Emergency Medical and Dental Treatment Law, the medical provisions of Republic Act No. 679, and those relating to the operation of boilers, pressure vessels, machinery, internal combustion engines, elevators, electrical equipment, wiring installations, and the construction, demolition, alteration, and use of commercial and industrial buildings and other work places;

b. Analyze and evaluate inspection reports from the regional offices for compliance with the applicable standards, programs, and forms;

c. Provide manuals and plan programs for the training of field personnel; and

d. Perform such other functions as may be provided by law.

Functions of the Wage and Hour Division

SECTION 15.3. The Wage and Hour Division shall have the following functions, among others:

a. Prepare rules and regulations and interpretative bulletins, and develop standard operating procedures and forms;

b. Conduct studies on piece rates and other non-time wages to determine compliance with the Minimum Wage Law, or establish the rates that shall comply therewith;

c. Provide technical and legal assistance to the Labor Standards Commission in the performance of its duties;

d. Analyze and evaluate performance reports from the regional offices; and

e. Perform such other functions as may be provided by law.

Functions of the Labor Standards Commission

SECTION 15.4. The Labor Standards Commission, which is attached to the Bureau of Labor Standards for proper coordination, shall have the following functions, among others:

a. Review, revise, modify, or approve all rules and regulations prepared by the Bureau;

b. Where authorized by applicable law, review, reverse, modify, or affirm on appeal decisions of a regional or district office involving money claims arising from violations of labor standards laws, including, but not limited to, unpaid wages, underpayment, overtime, separation pay, unpaid money value of maternity leaves of workers, and money claims of domestic helpers; and

c. Perform such other functions as may be provided by law.

FUNCTIONS OF THE BUREAU OF WOMEN AND MINORS

SECTION 16. The Bureau of Women and Minors shall perform primarily policy and program development and advisory functions for the Department in the administration and enforcement of the Woman and Child Labor Law. The Bureau, as graphically depicted in the following organization chart, shall have a Women's Division and a Minors' Division with corresponding duties and responsibilities, as follows:

Functions of the Women's Division

SECTION 16.1. The Women's Division shall have the following functions, among others:

a. Formulate policies and programs relating to the protection of working women, including improvement of their working conditions;

b. Promulgate rules and regulations on laws regulating the employment of women; HESIcT

c. Analyze and evaluate performance reports from regional offices;

d. Advise management on matters relating to working women; and

e. Perform such other functions as may be provided by law.

[Organization Chart IV: Bureau of Women and Minors]

Functions of the Minors' Division

SECTION 16.2. The Minors' Division shall have the following functions, among others:

a. Formulate policies and programs relating to the protection of working minors, including improvement of their working conditions;

b. Promulgate rules and regulations on laws regulating the employment of minors;

c. Analyze and evaluate performance reports from regional offices;

d. Advise management on matters relating to working minors; and

e. Perform such other functions as may be provided by law.

FUNCTIONS OF THE BUREAU OF WORKMEN'S COMPENSATION

SECTION 17. The Bureau of Workmen's Compensation shall perform primarily policy and program development and advisory functions for the Department in the administration and enforcement of the Workmen's Compensation Act.

The Bureau, as graphically depicted in the following organization chart, shall have a Claims Settlement Division, a Finance and Registration Division, an Evaluation Division, and a Compensation Security Division with corresponding duties and responsibilities, as follows:

Functions of the Claims Settlement Division

SECTION 17.1. The Claims Settlement Division shall have the following functions, among others:

a. Develop standards and procedures relating to the processing of claims, adjudication of non-controverted cases, and the computation of compensation payments on the basis of established disability ratings;

b. Analyze and evaluate performance reports from the regional offices;

c. Appraise the computation of compensation in complicated cases upon request of the regional offices or the Workmen's Compensation Commission, as the case may be; and

d. Perform such other functions as may be provided by law.

[Organization Chart V: Bureau of Women's Compensation]

Functions of the Finance and Registration Division

SECTION 17.2. The Finance and Registration Division shall have the following functions, among others:

a. Formulate policies and programs relating to the registration of covered employers' establishments and the collection of requisite fees, contributions, and other assessments as provided by law;

b. Develop standards and procedures for the registration of covered employers' establishments and the collection of yearly contributions to the Workmen's Compensation Fund in accordance with the law;

c. Analyze and evaluate performance reports from regional offices;

d. Prepare and maintain a master list of all registered employers' establishments classified as to capital, hazardous and less hazardous, nature of business and incidence of accidents;

e. Determine amount of deficiency in the Workmen's Compensation Fund, and compute proportionate assessments, should there be any, upon both insurance carriers and self-insured employers; and

f. Perform such other functions as may be provided by law.

Functions of the Evaluation Division

SECTION 17.3. The Evaluation Division shall have the owing functions, among others:

a. Develop standards and procedures relating to the evaluation and rating of compensable disabilities;

b. Analyze and evaluate performance reports from the regional offices;

c. Appraise complicated disability rating cases or assist in the determination of the reasonable value of medical services furnished the claimants upon the request of the regional offices or the Workmen's Compensation Commission, as the case may be; and

d. Perform such other functions as may be provided by law.

Functions of the Compensation Security Division

SECTION 17.4. The Compensation Security Division shall have the following functions, among others:

a. Formulate policies and programs relating to security of workmen's compensation benefits through compulsory insurance;

b. Develop standards and procedures for the processing and examination of workmen's compensation policies; ICHDca

c. Analyze and evaluate performance reports from the regional offices;

d. Process applications for authority to act as self-insurers, including the determination of the amount of guarantee deposit as well as the sale or transfer of securities deposited;

e. Determine the amount of deposit which the national, provincial, and municipal governments, as well as government corporations, should make to guarantee payment of compensation liabilities;

f. Maintain a central record and master lists of self-insurers and employers covered by policies; and

g. Perform such other functions as may be provided by law.

FUNCTIONS OF THE WORKMEN'S COMPENSATION COMMISSION

SECTION 18. The functions, powers, duties, and responsibilities of the Workmen's Compensation Commission shall be the same as those provided by law.

The Commission, which is attached to the Bureau of Workmen's Compensation for proper coordination, shall retain its Legal Division and Dockets and Records Division which shall continue discharging their present functions.

FUNCTIONS OF THE BUREAU OF EMPLOYMENT SERVICES

SECTION 19. The Bureau of Employment Services shall perform primarily policy and program development and advisory functions for the Department in the administration and enforcement of all laws relating to the recruitment and placement of workers.

The Bureau, as graphically depicted in the following organization chart, shall have a Labor Market Information Division, an Employment Regulation Division, and an Employment Service Division with corresponding duties and responsibilities, as follows:

Functions of the Labor Market Information Division

SECTION 19.1. The Labor Market Information Division shall have the following functions, among others:

a. Compile, tabulate, and analyze labor market data and other information;

b. Formulate policies and programs and develop standards and procedures for the conduct of surveys to gather labor market data;

c. Analyze and evaluate performance reports from regional offices; and

d. Perform such other functions as may be provided by law.

Functions of the Employment Regulation Division

SECTION 19.2. The Employment Regulation Division shall have the following functions, among others:

a. Formulate policies and programs and develop standards and procedures relating to the supervision and regulation of private employment agencies;

b. Analyze and evaluate performance reports from regional offices; and

c. Perform such other functions as may be provided by law.

Functions of the Employment Service Division

SECTION 19.3. The Employment Service Division shall have the following functions, among others:

a. Formulate policies and programs and develop standards and procedures relating to placement services;

b. Analyze and evaluate performance reports from regional offices;

c. Act as coordinating center for inter-regional and intra-office exchange of job vacancies and related information for more effective placement services; and

d. Perform such other functions as may be provided by law.

FUNCTIONS OF THE BUREAU OF APPRENTICESHIP

SECTION 20. The Bureau of Apprenticeship shall perform primarily policy and program development and advisory functions for the Department in the administration and enforcement of the Apprenticeship Law.

The Bureau, as graphically depicted in the following organization chart, shall have an Apprenticeship Standards Division and an Apprenticeship Promotion Division with corresponding duties and responsibilities, as follows:

Functions of the Apprenticeship Standards Division

SECTION 20.1. The Apprenticeship Standards Division shall have the following functions, among others:

a. Formulate policies, rules, regulations, standards, agreements (apprentice employment contracts), plans, projects, orders, and procedures on apprenticeship which may help meet the national requirements for skilled labor;

b. Conduct research and analysis on trades, occupations, and other manual work activities existing in the country to determine the appropriateness thereof for apprentice training;

[Organization Chart VI: Bureau of Apprenticeship]

c. Analyze and evaluate performance reports from regional offices; and

d. Perform such other functions as may be provided by law.

Functions of the Apprenticeship Promotion Division

SECTION 20.2. The Apprenticeship Promotion Division shall have the following functions, among others:

a. Plan, develop, and coordinate the general publicity and information program of the Bureau; TCAScE

b. Assist apprenticeship program promotion, development, and maintenance work in the regional offices by preparing hand-out materials on different aspects of apprenticeship; and

c. Perform such other functions as may be provided by law.

FUNCTIONS OF THE NATIONAL MANPOWER AND YOUTH COUNCIL

SECTION 21. The National Manpower and Youth Council shall have the same organization and functions as now constituted in accordance with Republic Act No. 5462, otherwise known as the Manpower and Out-of-School Youth Development Act.

FUNCTIONS OF THE WAGE COMMISSION

SECTION 22. The Wage Commission, which shall be under the administrative supervision of the Department, shall have the same organization and functions as those provided under n Republic Act No. 602 as further amended by Republic Act No. 6129.

FUNCTIONS OF THE REGIONAL OFFICE

SECTION 23. The Regional Office shall be responsible in the geographical area for the administration and enforcement of labor laws and other such laws as specifically assigned to the Department.

SECTION 24. Each Regional Office shall have the following functions among others:

1. Implement applicable laws as well as plans, programs, rules, and regulations of the Department;

2. Provide economical, efficient, and effective labor and manpower services to the people in the area;

3. Coordinate with the regional offices of other departments, bureaus, and agencies in the area;

4. Coordinate with the local government units in the area;

5. Exercise original and exclusive jurisdiction over workmen's compensation cases arising within the area; and

6. Perform such other functions as may be provided by law.

Each Regional Office, as graphically depicted in the following organization chart, shall have an Administrative Staff, a Field Services Division, an Employment Division, a Workmen's Compensation Division, and a Labor Relations Division with corresponding duties and responsibilities, as follows:

Functions of the Administrative Staff

SECTION 24.1. The Administrative Staff shall be

[Organization Chart VII: Regional Office]

responsible for providing the Regional Office with such services and assistance as may be necessary relating to personnel, budgetary and financial matters, supplies, equipment, collections, disbursements, records, security, custodial, and general utility work. n

Functions of the Field Services Division

SECTION 24.2. The Field Services Division shall have the following functions, among others:

a. Plan and program periodic inspection activities to insure compliance by all establishments and places of employment with all applicable labor laws;

b. Conduct periodic and such other inspections, as may be necessary, of covered establishments or enterprises to check on compliance with applicable labor laws and their implementing rules and regulations;

c. Make field administrative settlements and decisions within prescribed policy standards;

d. Report all inspections conducted, whether routine or otherwise, in the prescribed form; and bring to the attention of the other divisions in the Regional Office matters discovered by inspectors/safety engineers which may require action by the other divisions;

e. Process applications for permits and certificates other than those pertaining to health and safety for approval by the Regional Director and supervise the licensing and regulation of fee-charging private employment agencies for domestic employment;

f. Conduct investigations relative to the issuance of permits and certificates in aid of its processing functions;

g. Collect labor statistics as may be required of the Regional Office in coordination with the Labor Statistics and Information Service or any division which directly requires the statistical information;

h. Register employers' establishments under the Workmen's Compensation Law in coordination with the Workmen's Compensation Division;

i. Conduct seminars and other related activities to promote occupational health and safety consciousness among employers' and workers' groups;

j. Prepare safety permits and certificates and approve technical plans as required by law; cSaATC

k. Supervise the distribution of benefits to sugar workers under Section 9 of the Sugar Act of 1952; and

l. Perform such other functions as may be provided by law.

Functions of the Workmen's Compensation Division

SECTION 24.3. The Workmen's Compensation Division shall have the following functions, among others:

a. Receive and process all notices and claims for compensation of injured or sick employees or their dependents as well as reports of injuries and notices of controversion of employers within the region;

b. Conduct such physical and medical examinations of injured claimants as may be necessary for purposes of evaluation and rating of disabilities;

c. Render medical opinions and evaluate and rate compensable disabilities;

d. Compute compensation on the basis of established disability ratings;

e. Adjudicate non-controverted cases;

f. Hear and adjudicate controverted cases;

g. Supervise the payment of compensation for the protection of the claimants, particularly minors, subject to such policies and standards as may be issued by the Department and/or the Bureau of Workmen's Compensation;

h. Maintain a records and dockets system for workmen's compensation cases;

i. Register covered employers' establishments and collect the corresponding fees and such contributions as may be due from them under the Workmen's Compensation Law, availing itself whenever necessary for the purpose of the assistance of the Field Services Division;

j. Secure compliance by the employers of their obligation to secure the payment of compensation through compulsory insurance, availing itself whenever necessary for the purpose of the assistance of the Field Services Division;

k. In coordination with the Field Services Division, initiate investigations of accidents to determine liability of employers for additional compensation for failure or negligence to comply with safety rules and standards for the prevention of accidents and illnesses; and

l. Perform such other functions as may be provided by law.

Functions of the Employment Division

SECTION 24.4. The Employment Division shall have the following functions, among others:

a. Develop an effective network of placement offices in coordination with local civic and public leaders and groups;

b. Maintain records of job applicants including their educational and skill qualifications and recommend job applicants on the basis of information obtained;

c. Gather and process labor market statistics and information;

d. Promote apprentice training in private industry and supervise the proper execution by both parties of apprenticeship programs and agreements;

e. Prepare for the signature of the Regional Director duly executed apprenticeship programs and agreements and the corresponding certificates upon completion of training; and

f. Perform such other functions as may be provided by law.

Functions of the Labor Relations Division

SECTION 24.5. The Labor Relations Division shall have following functions, among others:

a. Provide counseling services to labor and management;

b. Conciliate and mediate in labor disputes;

c. Register legitimate labor unions and supervise their activities, including denial, cancellation and revocation of their permits;

d. Examine financial records of accounts of labor organizations to determine compliance or non-compliance with the law;

e. Provide proper orientation to workers on their rights and privileges under existing labor laws;

f. Develop schemes and projects for the improvement of the standards of living of workers and their families; cHDAIS

g. Provide legal staff assistance to the regional office;

h. Handle enforcement litigations in court;

i. Effect, within prescribed policy standards, administrative settlements of money claims arising from violations of labor laws other than the Workmen's Compensation Law;

j. Review for the Regional Director all regional field administrative settlements of labor cases; and

k. Perform such other functions as may be provided by law.

FUNCTIONS OF THE DISTRICT OFFICES

SECTION 25. The proliferation of sub-units or field offices within the region shall be avoided; however, if it becomes necessary, district offices may be established under the supervision of the regional offices. District offices so established shall perform such functions and duties, and discharge such responsibilities as may be specifically delegated in writing by the regional directors.

TRANSITORY MEASURES

SECTION 26. In conformity with the foregoing organization and functional statements, you are hereby directed to prepare with the assistance of the Budget Commission, the Civil Service Commission, and the Presidential Commission on Reorganization and submit within ninety days from the promulgation of Presidential Decree No. 1 for the approval of the President supplementary details relative to the Staffing Pattern for the Department. The Staffing Pattern that shall be developed for purposes of this installation shall, insofar as practicable, be in accordance with the criteria specified in Paragraph 5, Article I, Chapter I of Part XXIII on General Provisions of the Plan.

SECTION 27. Upon the approval of the Staffing Pattern referred to above, appointments will be made of the personnel to fill the positions authorized in said Staffing Pattern.

SECTION 28. All appointments to the positions that shall be authorized under the Staffing Pattern referred to above shall, in general, be in accordance with the merit requirements of the Civil Service law and rules and duly approved qualification standards for each position: Provided, That in the case of new position titles, qualification standards therefor shall be developed by the Department, subject to approval by the President upon recommendation of the Civil Service Commission: Provided, further, That consideration for employment of persons other than those of the agencies and offices affected by this implementation shall be made only after the personnel of such reorganized entities shall have been considered: Provided, finally, That personnel actions shall be in accordance with Civil Service Rules.

SECTION 29. No original appointment to positions, except confidential positions, in the Staffing Pattern shall be made until all qualified employees in the agencies affected shall have been absorbed to appropriate positions available. You shall furnish the Civil Service Commission a certified list of all employees separated as a result of the implementation of the organization of the Department together with a justification for their separation.

SECTION 30. The position titles that shall be used in the Staffing Pattern shall be tentative for purposes of initial appointments to positions provided therein. The position titles shall be subject to final determination and allocation to appropriate classes and salary ranges by the WAPGO upon conduct of the usual audit of the duties and responsibilities assigned to the positions.

SECTION 31. All initial appointments to positions in the Staffing Pattern shall be at the authorized or actual salaries of the incumbents appointed to the positions, whichever is higher. In the reallocation of appropriations authorized to be made under Section 34 of this Letter of Implementation, an adequate lump-sum amount shall be provided to take care of all where the actual salary of the appointee is more than the rate authorized.

SECTION 32. Salary increases that may result from appointments to positions in the Staffing Pattern to be proposed shall be effective only after final determination and allocation of said positions by the WAPGO pursuant to Section 30 of this Letter of Implementation.

SECTION 33. The selection and initial appointment of personnel for positions in the Staffing Pattern shall be made with the assistance of a committee composed of a representative of each of the Department proper, Civil Service Commission, and Budget Commission: Provided, That in the consideration of personnel to fill positions authorized for the bureaus or comparable units in the Department, a representative of the bureau or comparable unit involved shall sit and participate in the deliberations of the Committee.

REALLOCATION OF APPROPRIATIONS

SECTION 34. You are likewise directed to cause the preparation, in collaboration with the Budget Commission, of the details of the Reallocation of Appropriations necessary to put into effect the implementation as prescribed by this Letter of Implementation in accordance with Paragraph 4, Article I, Chapter I of Part XXIII of the Plan.

TIMING OF ADMINISTRATIVE ACTIONS

SECTION 35. You are hereby directed to effect the orderly scheduling of transfers, changes, and other transitional actions required by the Plan and this Letter of Implementation: Provided, That all such actions shall be completed within the period prescribed in Paragraph 14, Article I, Chapter I, Part XXIII of the Plan reckoned from the date of issuance of Presidential Decree No. 1. In the interim, each entity affected shall continue to perform its functions until such time as you shall order change or cessation and each officer and employee shall continue to perform his duties and to exercise his authority until such time as you order otherwise but not beyond the termination of the transition period prescribed above. ISHCcT

SECTION 36. In the process of the selection of personnel to fill the positions in the Staffing Pattern mentioned above, you are authorized to make the necessary changes in the personnel structure of the Department subject to the approval of the Office of the President to correct inequities that in your opinion may have resulted from the preparation thereof: Provided, That any adjustment or adjustments that shall be made pursuant hereto shall not result in an increase in the total appropriations for personal services authorized for the Department.

SECTION 37. You are hereby finally directed to note and call the attention of the President to such provisions of Part XIV of the Plan or portions thereof which are inoperable under present conditions in view of Proclamation Order No. 1081 dated September 21, 1972 and which should be suspended until such time as their activation shall be possible.

DONE in the City of Manila, this 17th day of November, in the year of Our Lord, Nineteen Hundred and Seventy-Two.

 

n Note from the Publisher: Copied verbatim from the official document.

n Note from the Publisher: Written as "trader" in the official document.

n Note from the Publisher: Copied verbatim from the official document.