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LC Chapter 6

The Secretary of Labor and Employment or authorized representatives have broad powers to inspect employer records and premises at any time to check for violations of labor laws and regulations. They can issue compliance orders based on inspection findings to enforce labor standards provisions if the employer-employee relationship still exists. Employers can appeal orders to the Secretary and for monetary awards must post a bond, but operations can be stopped or suspended by the Secretary for non-compliance with laws or rules.

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44 views

LC Chapter 6

The Secretary of Labor and Employment or authorized representatives have broad powers to inspect employer records and premises at any time to check for violations of labor laws and regulations. They can issue compliance orders based on inspection findings to enforce labor standards provisions if the employer-employee relationship still exists. Employers can appeal orders to the Secretary and for monetary awards must post a bond, but operations can be stopped or suspended by the Secretary for non-compliance with laws or rules.

Uploaded by

jriane abiar
Copyright
© © All Rights Reserved
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Chapter VI ADMINISTRATION AND ENFORCEMENT Article 128.

Visitorial
and enforcement power. a) The Secretary of Labor and Employment or his
duly authorized representatives, including labor regulation officers, shall
have access to employer’s records and premises at any time of the day
or night whenever work is being undertaken therein, and the right to copy
therefrom, to question any employee and investigate any fact, condition or
matter which may be necessary to determine violations or which may aid in
the enforcement of this Code and of any labor law, wage order or rules
and regulations issued pursuant thereto. b) Notwithstanding the provisions of
Articles 129 and 217 of this Code to the contrary, and in cases where the
relationship of employer-employee still exists, the Secretary of Labor and
Employment or his duly authorized representatives shall have the power to
issue compliance orders to give effect to the labor standards provisions of
this Code and other labor legislation based on the findings of labor
employment and enforcement officers or industrial safety engineers made in
the course of inspection. The Secretary or his duly authorized
representatives shall issue writs of execution to the appropriate authority for
the enforcement of their orders, except in cases where the employer
contests the findings of the labor employment and enforcement officer and
raises issues supported by documentary proofs which were not considered
in the course of inspection. (As amended by Republic Act No. 7730, June
2, 1994). An order issued by the duly authorized representative of the
Secretary of Labor and Employment under this Article may be appealed to
the latter. In case said order involves a monetary award, an appeal by the
employer may be perfected only upon the posting of a cash or surety
bond issued by a reputable bonding company duly accredited by the
Secretary of Labor and Employment in the amount equivalent to the
monetary award in the order appealed from. (As amended by Republic Act
No. 7730, June 2, 1994) c) The Secretary of Labor and Employment may
likewise order stoppage of work or suspension of operations of any unit or
department of an establishment when non-compliance with the law or
implementing rules

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