October 3, 2017

DOLE DEPARTMENT ORDER NO. 183-17

REVISED RULES ON THE ADMINISTRATION AND ENFORCEMENT OF LABOR LAWS

PURSUANT TO ARTICLE 128 OF THE LABOR CODE, AS RENUMBERED

Pursuant to the authority of the Secretary of Labor and Employment to

promulgate the necessary rules under Article 5 and the visitorial and enforcement
power under Article 128 in relation to Article 303 of the Labor Code, as renumbered,
Department Order No. 131-B, Series of 2016, is hereby amended, as follows:

RULE I
Objective and Applicability

SECTION 1. Objective. — This Revised Rules is aimed to further strengthen

the implementation of the visitorial and enforcement powers under the Labor Code, as
renumbered, towards securing a higher level of compliance with labor laws and
standards, and ensuring continuity and sustainability of compliance at workplaces.
SECTION 2. Coverage and Applicability. — This Revised Rules shall govern all
matters arising from the visitorial and enforcement power of the Secretary of Labor
and Employment under Article 128 in relation to Article 303 of the Labor Code, as
renumbered.
SECTION 3. Construction. — This Revised Rules shall be liberally construed to
attain a just, inexpensive, and expeditious settlement and resolution of labor cases or
disputes.
SECTION 4. Suppletory Application of the Rules of Court. — In the absence of
any applicable provisions in this Revised Rules, and in order to achieve the objectives of
the Labor Code, as renumbered, the pertinent provisions of the Rules of Court,
whenever practicable, shall apply suppletorily.

RULE II
Definition of Terms

SECTION 1. Definition of Terms. — As used herein:

a. "Authority to Inspect" refers to the written authority issued by the
Secretary of Labor and Employment or his/her duly authorized
representative, to Labor Inspectors to conduct Routine Inspection,
Complaint Inspection, or Occupational Safety and Health Standards
Investigation.
b. "Child" refers to any person under eighteen (18) years of age. 1
c. "Child Labor" refers to any work or economic activity performed by a
child that subjects him/her to any form of exploitation or is harmful to
his/her health and safety or physical, mental or psychosocial development.
2

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 d. "Complaint Inspection" refers to the act of validating compliance with
labor laws and social legislation by the Secretary of Labor and
Employment or his/her duly authorized representative in any of the
instances mentioned in Section 1, Rule VI of this Revised Rules.
e. "Dangerous Occurrences" refer to any of the following: 3
1. Explosion of boilers used for heating or power;
2. Explosion of receiver or storage container, with pressure greater
than atmospheric, of any gas or gases (including air or any liquid
resulting from the compression of such gases or liquid);
3. Bursting of revolving wheel, grinder stone, or grinding wheel
operated by mechanical power;
4. Collapse of crane, derrick, winch, hoist, or other appliances used in
raising or lowering persons or goods or any part thereof, the over-
turning of a crane except the breakage or chain or rope sling;
5. Explosion or re causing damage to the structure of any room or
place in which persons are employed or to any machine contained
therein resulting in the complete suspension of ordinary work in
such room or place, or stoppage of machinery or plant for not less
than twenty-four (24) hours;
6. Electrical short circuit or failure of electrical machinery, plant, or
apparatus, attended by explosion or re causing structural damage
thereto and involving its stoppage and misuse for not less than
twenty-four (24) hours; or
7. Other analogous occurrences.
f. "Disabling Injury" refers to a work injury which results in death, permanent
total disability, permanent partial disability, or temporary total disability. 4
g. "Double Indemnity" refers to the penalty in an amount equivalent to twice
the unpaid bene ts owing to employee/s due to non-payment by an
employer of the prescribed increases or adjustments in the wage rate. 5
h. "Employee" refers to any person in the employ of an employer. The term
shall not be limited to the employees of a particular employer unless the
Labor Code, as renumbered, so explicitly states. It shall include any
individual whose work has ceased as a result of or in connection with any
current labor dispute or because of any unfair labor practice if he has not
obtained any other substantially equivalent and regular employment. 6
i. "Employer" refers to any person acting directly or indirectly in the interest
of an employer in relation to an employee and shall include the government
or any of its political subdivisions, and instrumentalities, all government-
owned or controlled corporations and institutions without original charters
or incorporated under the Corporation Code of the Philippines, as well as
non-profit private institutions or organizations.
j. "Establishment" refers to any private entity, whether operating for pro t
or not, employing individuals where work or any of its incidents are being
undertaken, including its branches. 7
k. "Hazardous Establishment" refers to an establishment in which the
nature of work exposes the employees to: 8
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 1. Dangerous environmental elements, contaminants or work
conditions including ionizing radiation, chemicals, re, ammable
substances, noxious components and the like;
2. Construction work, logging, re ghting, mining, quarrying, blasting,
stevedoring, dock work, deep sea fishing and mechanized farming;
3. Manufacture or handling of explosives and other pyrotechnic
products;
4. Use or exposure to power driven or explosives powder actuated
tools;
5. Biologic agents such as bacteria, fungi, viruses, protozoas,
nematodes, and other parasites; or
6. Other analogous circumstances as may be determined by the
Secretary of Labor and Employment.
l. "Imminent Danger" refers to a condition or practice in any workplace that
can be reasonably expected to cause death or serious physical harm. 9
m. "Inspection Checklist" refers to a form, hard copy or electronic,
containing indicators in determining compliance of establishment,
workplace, or worksite with labor laws and social legislation.
n. "Labor Inspector" refers to the personnel of the DOLE authorized to
conduct Routine Inspection, Complaint Inspection, Occupational Safety
and Health Standards Investigation, advocacies and advisory services,
hold conciliation and mandatory conferences, and perform such other
related functions which may be necessary in the enforcement of the Labor
Code, as renumbered, and other related laws.
o. "Labor Standards" refers to the minimum requirements prescribed by
existing laws, rules and regulations, and other issuances relating to wages,
hours of work, allowances and other monetary and welfare bene ts,
including those set by occupational safety and health standards.
p. "Notice of Results" refers to the accomplished form issued by the Labor
Inspector indicating the results of Routine Inspection, Complaint
Inspection, and Occupational Safety and Health Standards Investigation.
q. "Occupational Safety and Health Standards Investigation" refers to
the process of determining the existence of imminent danger, dangerous
occurrence, and accident resulting in disabling injury or other analogous
circumstances within the workplace based on a report or information.
r. "Regional O ce" refers to the O ce of the DOLE in the regions headed
by a Regional Director.
s. "Routine Inspection" refers to the process of evaluating compliance with
labor laws and social legislation jointly undertaken by the Labor Inspector
and the representatives of the employer and the employees using the
prescribed Inspection Checklist.
t. "Single Entry Approach" refers to the speedy, impartial, and inexpensive
proceedings through a 30-day mandatory conciliation-mediation where
parties are given the opportunity to settle labor and employment issues
amicably pursuant to Department Order No. 151-16.
u. "Technical Safety Inspection" refers to inspection or veri cation of
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 boilers, pressure vessels, internal combustion engines, elevators, hoisting
equipment, electrical wirings and other mechanical equipment installation
for safety determination.
v. "Validation" refers to the review by the Regional Director or his/her duly
authorized representative of pertinent documents submitted by an
establishment showing compliance with labor laws and social legislation.
w. "Verification" refers to the review by the Labor Inspector of pertinent
documents submitted by an establishment showing compliance with labor
laws and social legislation.
x. "Working Child" refers to any child engaged in any of the following
conditions: 1 0
1. When the child is below eighteen (18) years of age, in work or
economic activity that is not child labor; or
2. When the child is below fteen (15) years of age, (i) in work where
he/she is directly under the responsibility of his/her parents or legal
guardian and only members of the child's family are employed; or (ii)
in public entertainment or information.

RULE III
General Provisions

SECTION 1. Modes of Implementation. — The visitorial power of the

Secretary of Labor and Employment or his/her duly authorized representatives shall be
implemented through any of the following:
a. Routine Inspection;
b. Complaint Inspection; or
c. Occupational Safety and Health Standards Investigation.
Upon the discretion of the Secretary of Labor and Employment, a Special
Inspection Team may be constituted by the Secretary of Labor and Employment
composed of a group of labor inspectors, or representatives from the Regional O ce,
the Bureau of Working Conditions, the Occupational Safety and Health Center, and other
DOLE agencies for the conduct of inspection on establishments and workplaces based
on the foregoing modes. The Special Inspection Team may coordinate or be directed to
collaborate with other government agencies exercising regulatory or enforcement
functions, as may be necessary.
SECTION 2. Designation and Assignment. — At the start of every year, the
Secretary of Labor and Employment shall issue a list of Labor Inspectors with general
authority to inspect establishments' compliance with labor laws and social legislation.
The general authority shall include investigation of OSH standards violation committed
in plain view or in the presence of the Labor Inspectors.
From the issued list, the Regional Director shall assign specific establishments to
authorized Labor Inspectors.
SECTION 3. Employer and Employees' Representative. — For purposes of
representation in the conduct of inspection, the following shall be the authorized
representative of the employer and employees:

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 a. Employer's Representative — the owner, president, vice president, manager
or any other o cers holding managerial positions shall be deemed as the
employer's representative.
b. Employees' Representative —
b.1 For organized establishment, the representative shall be
designated by the sole and exclusive bargaining agent in the
Collective Bargaining Agreement.
b.2 For unorganized establishment, the representative shall be any
rank-and- le employee present at the time of inspection or
representative/s from any of the following Committees, in
successive order:
b.2.1. Labor-Management Committee;
b.2.2. Compliance Committee;
b.2.3. Safety and Health Committee; or
b.2.4. Family Welfare Committee.
In the absence of the abovementioned, any employee present during the
inspection shall be deemed representative of the employees.
SECTION 4. Participation of Labor, Employer and Other Organizations . —
Quali ed representatives of Legitimate Labor Organizations, Legitimate Workers
Associations, Chartered Locals, National Unions or Federations, Accredited Integrated
Professional Organizations, Non-Government Organizations, and Employer
Organizations may be authorized to participate in the inspection of establishments
subject to the requirements of Administrative Order No. 164, Series of 2017.
SECTION 5. Conduct of Technical Safety Inspection . — The conduct of
technical safety inspection by Labor Inspectors who are mechanical or electrical
engineers shall be governed by the Revised Technical Safety Inspection Manual. 1 1
SECTION 6. Voluntary Regularization of Employees. — The employers may
voluntarily regularize their employees by ling a Letter of Voluntary Commitment before
the DOLE Regional O ce having jurisdiction over the workplace pursuant to Labor
Advisory No. 06, Series of 2017.
SECTION 7. Inspection Audit Team . — The implementation of inspection
programs and activities, and the performance of Labor Inspectors shall be periodically
reviewed by the Audit Team constituted as such by the Secretary of Labor and
Employment. The Audit Team shall submit within seven (7) working days after each
audit a report to the O ce of the Secretary of Labor and Employment, copy furnished
the Bureau of Working Conditions.

RULE IV
Establishment's Labor Standards Requirement

SECTION 1. Required Compliance with Labor Laws. — All establishments,

principals and contractors/subcontractors, unless expressly exempted, must comply
with the prescribed labor standards, OSHS, and social welfare bene ts for their
employees including compliance with the regulations on contracting/subcontracting
arrangements, termination of employment requirements, security of tenure, right to
self-organization and other labor rights.
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 SECTION 2. Employment Records. — All establishments shall keep and
maintain employment records in and about the premises of all workplaces for at least
three (3) years; except if a centralized recording system is implemented.
SECTION 3. Principal and Contractor or Subcontractor Labor Standards
Requirement. — The contractor and/or subcontractor and its principals shall comply
with the requirements of Department Order No. 174, Series of 2017.

RULE V
Routine Inspection

SECTION 1. Coverage. — This mode of inspection shall cover all private

establishments, including their branches, workplaces and their contractors or
subcontractors.
SECTION 2. Priority Establishments and Workplaces. — In the conduct of
Routine Inspection, the priority establishments and workplaces are as follows:
a. Those engaged in hazardous work;
b. Those employing children;
c. Those engaged in contracting or subcontracting arrangements;
d. Those employing ten (10) or more employees; and
e. Such other establishments or industries as may be determined by the
Secretary of Labor and Employment as priority for Routine Inspection.
SECTION 3. Routine Inspection Procedure. — Routine Inspection shall be
conducted in the following manner:
a. Assignment of Establishments . — The Regional Director shall issue to
the Labor Inspector an Authority to Inspect specifying the name and
address of the establishment, including its contractors/subcontractors, to
be inspected, and the validity of said authority.
b. Presentation of Authority to Inspect . — The Labor Inspector shall
proceed to the establishment and present the Authority to Inspect.
c. Veri cation of Compliance . — In the presence of the representatives of
the employer and employees, the Labor Inspector shall: (1) examine
employment records, (2) interview employees, and (3) inspect work
premises to determine compliance with labor laws and social legislation.
The representatives of the employer and employees may provide
additional information for Labor Inspector's consideration.
d. Issuance of Notice of Results . — After the conduct of Routine
Inspection, the following shall be undertaken:
d.1 For compliant establishment . — If the establishment is found
compliant, the Labor Inspector shall issue a Notice of Results to the
representatives of the employer and the employees, and the Sole
and Exclusive Bargaining Agent, if organized, indicating therein
compliance with labor laws and social legislation. Pertinent
documents showing compliance shall be attached as part of the
records.
Establishments found compliant by Labor Inspectors shall be
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 subject to random validation by the concerned Regional Office.
d.2 For non-compliant establishment . — If the establishment is
found non-compliant, the Labor Inspector shall issue a Notice of
Results to the representatives of the employer and the employees,
and the Sole and Exclusive Bargaining Agent, if organized, indicating
therein the noted violations.
In both cases, the contents of the Notice of Results shall be explained by
the Labor Inspector to the representatives of the employer and the
employees, who shall thereafter a x their respective signatures therein to
signify their acknowledgment of the Routine Inspection ndings. Any
representative who disagrees with the ndings may note his/her comment
on the Notice of Results before affixing his/her signature.
If any representative refuses to sign the Notice of Results, the Labor
Inspector shall write such fact and specify the name and designation of
the said representative. Copies of the Notice of Results shall be posted in
a conspicuous place within the company premises and shall be sent to the
establishment by registered mail or private courier service.
e. Period to Correct Violations . — All inspected establishments with
noted violations are required to institute their respective corrective actions
within the following prescribed periods:
e.1 Correction Period on General Labor Standards and
Contracting and Subcontracting Rules . — All establishments
with violations on general labor standards and/or contracting and
subcontracting rules are required to present original copies of
compliance to the Regional O ce or to its Field O ce which
conducted the Routine Inspection, if any, within a non-extendible
period of ten (10) days from receipt of the Notice of Results or from
posting thereof in a conspicuous place within their premises.
For general labor standards, in case the parties enter into a compromise or
amicable settlement, procedures provided in Rule XII of this Revised
Rules shall apply.
e.2 Remediation Period on Occupational Safety and Health
Standards . — If the violations involve occupational safety and
health standards, the following remediation period shall apply:
e.2.1 If the violation poses imminent danger to the life and
limb of the employees, remediation shall be made within
one (1) day from receipt of the Notice of Results in
accordance with Section 2 (b.2 and b.3), Rule VII of this
Revised Rules. The employer shall suspend the work or
the affected employees shall stop working until the
required violation is corrected. During the period of work
suspension, the employer shall pay the wages of the said
employees as if they have reported for work;
e.2.2 If the violation pertains to Personal Protective
Equipment (PPE), remediation thereof shall be effected
within three (3) days from receipt of the Notice of
Results. However, if the lack of the required PPE is of
such nature that it can be reasonably expected to cause
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 death or serious physical harm, the employer may
suspend work or the affected employees may stop
working until the required PPE is provided. During the
period of work suspension, the employer shall pay the
wages of the said employees as if they have reported for
work.
e.2.3 If it pertains to violations other than the above, the
employer may be allowed a longer period to remediate
the same, provided the employer submits a
corresponding Action Plan specifying the timelines
within which to remediate the violations, which period
shall in no case exceed ninety (90) days from the
issuance of the Notice of Results.
f. Formulation and Submission of Action Plan . — During the conduct of
Routine Inspection, the Labor Inspector shall state in the Notice of Results
the summary of violations, the corresponding remediations to be made,
and the deadline when the said remediation should be made or completed.
The establishment with OSHS violations shall prepare an Action Plan, with
the assistance of the Labor Inspector, to remediate the violations with a
copy thereof furnished to both management and employees'
representative for unorganized establishment or the Sole and Exclusive
Bargaining Agent in organized establishment.
g. Submission of Status Report . — The establishment shall submit to the
Regional O ce a status report on the Action Plan within ve (5) days after
the schedule of remediation of all violations. Failure to do so shall cause
the issuance of a Compliance Order.
h. Veri cation or Validation of Compliance and Follow-up Inspection .
— The following shall be undertaken to assist employers to institute
corrective actions:
h.1 . Correction of General Labor Standards Violation . — When the
employer manifests to pay the unpaid bene ts and/or correct other
violations during the period of correction, the Regional Director or
his/her duly authorized representative shall direct the employer and
the employees with money claims to a conference.
If payment and/or correction of other violations was not made in the
presence of the Regional Director or his/her authorized
representative, veri cation or validation may be done by requiring
the parties to present original copies of employment documents
showing actual payment of wage differentials and other monetary
bene ts. The veri cation or validation may be done within ve (5)
days from receipt of information of compliance with general labor
standards.
h.2. Correction of Contracting or Subcontracting Rules Violation .
— When the employer manifests to correct its violations, the
Regional Director or his/her duly authorized representative shall
direct the employer to submit documents showing compliance on
contracting or subcontracting and/or list of workers absorbed by
the principal.
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 Upon receipt of proofs of compliance, the Regional Director or
his/her authorized representative, shall conduct veri cation or
validation with the affected workers. The veri cation or validation
shall be done within ve (5) days from receipt of the documents
showing compliance.
h.3 . Remediation of Occupational Safety and Health Standards
Violation . — Within ve (5) days after receipt of the status report,
the Labor Inspector shall conduct a veri cation inspection with
representatives from the employer and employees to verify whether
the Action Plan has been fully implemented.
However, no follow-up inspection shall be conducted if the
information on correction of the OSHS violation can be readily
gathered from DOLE records or if it merely necessitates document
review or submission of reportorial requirements to the Regional
Office.
i. Procedure after Failure to Correct Violations . — In the event that the
establishment fail to correct the violations, the following shall be
undertaken.
i.1 General Labor Standards . — Failure to correct the noted
violations within the prescribed period of ten (10) days would result
to docketing of the same as a Labor Standards Case by the Regional
Director or his/her duly authorized representative. As such, the
parties shall be called to a mandatory conference within ten (10)
days from the lapse of the period of correction in accordance with
Rule X of this Revised Rules.
i.2 Contracting or Subcontracting Rules . — If the employer fails to
submit proof of compliance within the prescribed period of ten (10)
days, a mandatory conference in accordance with Rule X of this
Revised Rules shall be undertaken.
i.3 Occupational Safety and Health Standards . — The Regional
Director shall immediately issue a Compliance Order in the following
instances:
i.3.1 Failure or refusal of the employer to formulate an Action
Plan;
i.3.2 Failure or refusal of the employer to submit a status
report within the five-day prescribed period;
i.3.3 Failure or refusal of the employer to fully implement the
Action Plan within the scheduled date of remediation;
and
i.3.4 Failure of the employer to provide the appropriate PPE
and to submit proof of compliance thereof within three
(3) days from receipt of the Notice of Results.

RULE VI
Complaint Inspection

SECTION 1. Coverage. — Complaint Inspection shall be undertaken in any of

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 the following instances:
a. When there is SEnA referral;
b. When there is an anonymous complaint; or
c. Where there is a request in a conciliation-mediation proceedings at the
National Conciliation and Mediation Board to validate or verify violation of
labor standards.
In case of item b., the assigned Labor Inspector shall conduct a surprise visit in
the establishment complained of to validate the violations of labor laws.
SECTION 2. Procedure. — The conduct of the Complaint Inspection shall be
governed by the following:
a. Receipt of Referral or Complaint . — Upon receipt of SEnA referral or
complaint, or when there is failure to submit Compliance Report, the
Regional Director shall assign a Labor Inspector by ra e and direct
him/her to immediately conduct an inspection.
b. Presentation of Authority to Inspect . — The Labor Inspector shall
proceed to the establishment and present his/her Authority to Inspect.
c. Veri cation of Compliance . — The Labor Inspector shall examine the
employment records, interview the employees, and inspect the work
premises to determine compliance with labor laws and social legislation.
d. Issuance of Notice of Results . — After the conduct of Complaint
Inspection, the following shall be undertaken:
d.1 For compliant establishment . — If the establishment is found
compliant, the Labor Inspector shall issue a Notice of Results to the
representatives of the employer and the employees, and the Sole
and Exclusive Bargaining Agent, if organized, indicating therein
compliance with labor laws and social legislation.
Establishments found compliant by Labor Inspectors shall be
subject to random validation by the concerned Regional Office.
d.2 For non-compliant establishment . — If the establishment is
found non-compliant, the Labor Inspector shall issue a Notice of
Results to the representatives of the employer and the employees,
and the Sole and Exclusive Bargaining Agent, if organized, indicating
therein the noted violations.
In both cases, the contents of the Notice of Results shall be explained by
the Labor Inspector to the representatives of the employer and the
employees, who shall thereafter a x their respective signatures therein to
signify their acknowledgement of inspection ndings. Any representative
who disagrees with the ndings may note his/her comment on the Notice
of Results before affixing his/her signature.
If any representative refuses to sign the Notice of Results, the Labor
Inspector shall write such fact and specify the name and designation of
the said representative. Copies of the Notice of Results shall be posted in
a conspicuous place within the company premises and shall be sent to the
establishment by registered mail or private courier service. Refusal to sign
shall not affect the regularity of the Notice of Results.
e. Prescribed Period to Correct Violations . — All inspected
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 establishments with violations on labor standards and/or contracting and
subcontracting rules are required to institute their respective corrective
actions within the ten-day period from receipt of the Notice of Results or
from posting thereof in a conspicuous place within the premises if there is
refusal on the part of the employer to receive the Notice of Results.
f. Veri cation Inspection . — The following shall be undertaken to ensure
that corrective actions have been made by the employer:
f.1. Correction of General Labor Standards Violation . — When
the employer manifests its willingness to pay unpaid bene ts
and/or correct other violations during the period of correction, the
Regional Director or his/her authorized representative shall direct
the employer and the employees with money claims to a
conference.
If payment and/or correction of other violations has already been
made, the Regional Director or his/her authorized representative
shall conduct veri cation or validation by requiring the presentation
of employment documents showing payment of wage differentials
and other monetary bene ts. The veri cation or validation may be
done with representatives from the employer and employees within
ve (5) days from receipt of information of compliance with general
labor standards.
f.2. Correction of Contracting or Subcontracting Rules
Violation . — When the employer manifests to correct its violations,
the Regional Director or his/her duly authorized representative shall
direct the employer to submit documents showing compliance on
contracting or subcontracting and/or list of workers absorbed by
the principal.
Upon receipt of proofs of compliance, the Regional Director or
his/her authorized representative, shall conduct veri cation or
validation with the affected workers. The veri cation or validation
shall be done within ve (5) days from receipt of documents
showing compliance.
f.3. Correction of Occupational Safety and Health Standards
Violation . — The Labor Inspector shall conduct a veri cation
inspection within prescribed period to check whether correction on
OSHS were instituted. If corrections can be readily identi ed from
DOLE records or if it merely necessitates document review or
submission of reportorial forms to the Regional O ce, a veri cation
visit may not be conducted.
g. Procedure after Failure to Correct Violations . — If there is failure to
correct the violations on general labor standards, contracting or
subcontracting rules or OSH standards, the procedure under Rule X of this
Revised Rules shall be undertaken.

RULE VII
Occupational Safety and Health Standards Investigation

SECTION 1. Coverage. — Occupational Safety and Health Standards (OSHS)

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 Investigation shall cover the following instances:
a. Existence of imminent danger;
b. Dangerous occurrences;
c. Accident resulting in disabling injury; or
d. Occupational safety and health standards violations committed in plain
view or in the presence of the Labor Inspector.
SECTION 2. Procedure in Imminent Danger Situations or Dangerous
Occurrences. — The following procedures shall be observed:
a. Within twenty-four (24) hours from receipt of information on the existence
of imminent danger or dangerous occurrence, the Regional Director shall
direct the Labor Inspector to conduct an OSHS Investigation.
However, if the nature of the imminent danger or dangerous occurrence is
so grave as to require technical assistance, the Regional Director shall
recommend to the Secretary of Labor and Employment the creation of a
composite team composed of representatives from the concerned
Regional O ce, Bureau of Working Conditions, Occupational Safety and
Health Center and the Employees Compensation Commission who will be
dispatched immediately to the establishment or workplace under
investigation. In this connection, the team shall coordinate with
appropriate government agencies, including local government units.
b. If the Labor Inspector is allowed access to the establishment:
b.1 He/she shall conduct OSHS investigation and determine compliance
with labor laws and social legislation.
b.2 Upon determination of existence of imminent danger or dangerous
occurrence, he/she shall recommend to the establishment the
necessary corrective action to immediately abate the imminent
danger or dangerous occurrence. If abated, he/she shall submit a
narrative report to the Regional Director which shall contain the
following:
b.2.1 The facts surrounding the incident covered by the OSHS
investigation, including a report of the safety and/or
health personnel and other related documents such as
police report, pictures, and the like;
b.2.2 Initial ndings on the proximate cause of the imminent
danger or dangerous occurrence;
b.2.3 The recommendation for the abatement of the cause of
the imminent danger; and
b.2.4 The corrective action taken.
b.3 If not abated, the Labor Inspector shall issue a Notice of Results to
the establishment and submit a recommendation, together with a
narrative report, to the Regional Director for the issuance of Work
Stoppage Order (WSO) within twenty-four (24) hours from the
failure of the employer to abate the imminent danger.
The narrative report shall contain the following:
b.3.1 The facts surrounding the incident covered by the OSHS
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 Investigation, including a report of the safety and/or
health personnel and other related documents such as
police report, pictures, and the like;
b.3.2 Initial ndings on the proximate cause of the imminent
danger or dangerous occurrence;
b.3.3 The affected workplace or part thereof;
b.3.4 The names, number, and positions of employees who
shall be affected;
b.3.5 The recommendation for the abatement of the cause of
the imminent danger; and
b.3.6 The reason for the failure of the employer to abate the
imminent danger or dangerous occurrence.
Thereafter, the Regional Director shall immediately conduct a
validation. If he/she is satis ed that there exists an imminent
danger, he/she shall issue a WSO with a copy thereof furnished to
the Secretary of Labor and Employment and the Bureau of Working
Conditions. Within twenty-four (24) hours from receipt of the WSO,
the Labor Inspector shall serve the same to the establishment.
Within twenty-four (24) hours but not exceeding seventy-two (72)
hours from service of the WSO, the Regional Director shall conduct
mandatory conference to determine whether imminent danger still
exists.
During the mandatory conference, the establishment shall be
allowed to submit evidence to prove that imminent danger no longer
exists. If evidence is submitted, the Regional Director shall direct the
Labor Inspector to verify the claim of the establishment.
If upon veri cation the imminent danger no longer exists, the Labor
Inspector shall recommend the lifting of the WSO. The Regional
Director shall issue an Order lifting the WSO based on the
documents of compliance and validation, veri cation or narrative
report submitted by the Labor Inspector.
A full report on the OSHS Investigation shall be submitted by the
Regional Director to the Secretary of Labor and Employment
through the Bureau of Working Conditions within twenty-four (24)
hours from issuance of the Order lifting the WSO.
b.4 If there are violations involving labor standards, the applicable
provisions of Section 2, Rule VI on Complaint Inspection, of this
Revised Rules shall apply.
SECTION 3. Procedure for Investigating Disabling Injury. — The following
procedures shall be observed when there is disabling injury:
a. There shall be a prima facie presumption of imminent danger or dangerous
occurrence from the receipt of veri ed information on the existence of
disabling injury. Within twenty-four (24) hours from such receipt, the
Regional Director shall issue a WSO and shall direct the Labor Inspector to
conduct an OSHS Investigation.
However, if the nature of the imminent danger or dangerous occurrence is
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 of such gravity that it would require technical assistance to abate the
same, the Regional Director shall recommend to the Secretary of Labor
and Employment the creation of a composite team comprised of
representatives from the Regional O ce, Bureau of Working Conditions,
Occupational Safety and Health Center, and the Employees Compensation
Commission who will be dispatched immediately to the establishment or
workplace under investigation.
b. If the Labor Inspector is allowed access to the establishment, the
applicable provisions of Section 2 (b) hereof shall be observed.
c. If the Labor Inspector is refused access to the establishment, Rule IX, on
Refusal of Access to Records and/or Premises, of this Revised Rules shall
apply.
d. If there are violations on labor standards, the applicable provisions of Rule
VI, on Complaint Inspection, of this Revised Rules shall apply.
SECTION 4. Procedures for Occupational Safety and Health Standards
Violations Committed in Plain View or in the Presence of the Labor Inspector. — In
instances where occupational safety and health standards violation is committed in
plain view or in the presence of the Labor Inspector, the latter shall require the employer
to correct the violation based on Section 3 (e.2.1 and e.2.2), Rule V, on Routine
Inspection, of this Revised Rules.
The Labor Inspector shall submit a narrative report to the Regional Director
having jurisdiction over the workplace. The Regional Director shall direct: (a) the
conduct of Routine Inspection under Rule V of this Revised Rules to complete the
assessment of the establishment if correction has been made; or (b) the conduct of
OSHS Investigation under this Rule if no correction has been instituted.
SECTION 5. Discovered Imminent Danger. — In case an imminent danger is
discovered during the conduct of Routine or Complaint Inspection, the provisions of
Section 2 (b.2. and b.3.) hereof shall be observed.
SECTION 6. Reporting of Accident. — All work accidents and occupational
illnesses in workplaces shall be reported on or before the twentieth (20th) day of every
month using the prescribed OSH Standards form by the employer, safety o cer or any
member of the Safety and Health Committee to the Regional O ce. Except in cases of
work accidents resulting in disabling injury or death, a report shall be made within
twenty-four (24) hours from occurrence thereof by the employer, safety o cer, or any
member of the Safety and Health Committee.

RULE VIII
Work Stoppage Order

SECTION 1. Work Stoppage Order (WSO). — The Secretary of Labor and

Employment or his/her duly authorized representative may direct to stop, wholly or
partly, the work or operation of any unit or department of an establishment when non-
compliance with occupational safety and health standards poses imminent danger to
the health and safety of the employees in the workplace. 1 2
Under exceptional circumstances, the Secretary of Labor and Employment may
issue an industry-wide WSO.
SECTION 2. Form and Effect of Work Stoppage Order. — The WSO shall state
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 the following:
a. The facts surrounding the incident covered by the OSHS Investigation,
including a report of the safety and/or health personnel;
b. Initial ndings on the proximate cause of the imminent danger, dangerous
occurrence, or disabling injury;
c. The workplace or part thereof covered by the WSO;
d. The names, number, and positions of employees that shall be affected by
the issuance of WSO; or
e. The recommendations for the abatement of the cause of the imminent
danger.
SECTION 3. Order Lifting the Work Stoppage Order. — The Regional Director
shall issue an Order lifting the WSO upon receipt of proof and certi cation from the
safety o cer of the employer or DOLE-accredited safety practitioner or consultant that
the cause of the imminent danger has been abated.
The Regional Director shall make a nding in the WSO whether the accident was
due to the fault of the employer. If in the a rmative, the latter shall pay its employees
all the monetary bene ts to which they are entitled for the duration of the WSO
notwithstanding contributory negligence on the part of the said employees. A copy of
such nding shall be immediately indorsed to the Social Security System and the
Employees Compensation Commission for proper disposition pursuant to Article 206
of the Labor Code, as renumbered.

RULE IX
Refusal of Access to Records and/or Premises

SECTION 1. Coverage. — Refusal of access to records and/or premises shall

result in the ling of a criminal action against the responsible person and/or
employer/owner of the establishment during the conduct of Routine Inspection,
Complaint Inspection, or OSHS Investigation.
SECTION 2. Action to be Taken on Refusal of Access . — If the Labor
Inspector is denied access to premises on his/her attempt to conduct Routine
Inspection, Complaint Inspection, or OSHS Investigation, he/she shall issue a Notice of
Results and report such fact in writing to the Regional Director.
If the Labor Inspector is denied access to records in the conduct of Routine or
Complaint Inspection, he/she shall proceed with the inspection based on interview and
inspection of premises only. Thereafter, he/she shall issue a Notice of Results and
report such fact in writing to the Regional Director.
If the Labor Inspector is not allowed to interview workers, he/she shall issue a
Notice of Results and report such fact in writing to the Regional Director.
SECTION 3. Execution of A davit of Refusal of Access . — The Labor
Inspector shall execute an a davit narrating the following, and submit the same to the
Regional Director within five (5) days from inspection:
a. Receipt of Authority to Inspect;
b. Conduct of Routine Inspection, Complaint Inspection, or OSHS
Investigation;
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 c. The fact of refusal of access by the employer.
SECTION 4. Indorsement of Records to Legal Service. — The Regional
Director shall indorse the supporting documents such as, but not limited to, Authority
to Inspect, Notice of Results and A davit of Refusal of Access to the DOLE Legal
Service within ten (10) days for the institution of a criminal action.
SECTION 5. Initiation of Filing of Criminal Case. — The DOLE Legal Service
shall initiate the ling of the criminal case within ten (10) days from receipt of
indorsement by the Regional Director. The Legal Service shall closely coordinate with
the Regional Director of the concerned Regional O ce relative to the cases to be led
or which have been already filed.
The DOLE Legal Service shall monitor the criminal case arising from refusal of
access, and submit a quarterly report to the O ce of the Secretary with a copy thereof
furnished the Bureau of Working Conditions. It shall enter into a Memorandum of
Agreement with the Department of Justice for the prosecution of the cases.

RULE X
Mandatory Conference

SECTION 1. Conduct of Mandatory Conference. — In Routine Inspection, a

mandatory conference shall be conducted within ten (10) days after the lapse of the
ten-day correction period for violations of general labor standards and contracting or
subcontracting rules. Failure to correct OSH violations within the remediation period
shall cause the immediate issuance of Compliance Order.
In Complaint Inspection and OSH Investigation, a mandatory conference shall be
conducted within ten (10) days after the lapse of the ten-day correction period for
violations of general labor standards, occupational safety and health standards, and
contracting or subcontracting rules.
The Hearing O cer shall conduct marathon conferences. The parties shall be
allowed only two (2) postponements based on meritorious grounds.
Where the parties fail or refuse to appear during the mandatory conference/s
despite due notice and without justi able reason, the same shall be considered a
waiver on their part to controvert the ndings of the Labor Inspector. Consequently, a
Compliance Order shall be issued based on the evidence on record.
In no case shall the mandatory conferences exceed thirty (30) days reckoned
from the date of the first conference.
SECTION 2. Nature of Proceedings. — The proceedings shall be summary in
nature. Hence, the technicalities of law and procedures and the rules governing
admissibility and su ciency of evidence obtaining in the courts of law shall not strictly
apply. The Hearing O cer shall avail of all reasonable means to speedily and
objectively ascertain the facts of the controversy, including ocular inspection and
interview of well-informed persons.
SECTION 3. Records of Proceedings. — The Hearing O cer shall make a
record of the proceedings, including the position of the parties and the evidence
presented. The minutes of the conferences shall be signed by the parties and attested
to by the Hearing Officer, and shall form part of the records of the case.

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 RULE XI
Compliance Order

SECTION 1. Compliance Order. — Within ten (10) days after the termination
of the mandatory conference, the Hearing O cer shall submit his/her recommendation
for the disposition of the labor standards case. Accordingly, the Regional Director shall
issue the corresponding Compliance Order within twenty (20) days from receipt of the
aforesaid recommendation.
The Compliance Order shall be written in clear and concise language, which shall
contain the following:
a. Brief statement of facts, issues, and applicable laws;
b. Statement of evidence supporting the ndings of employment relationship
and monetary award;
c. Computation of the unpaid wages and other bene ts, including the names
of the workers to whom payment is due, the period covered, and the
formula used in the computation;
d. For workers to be regularized, a computation of unpaid wages and other
bene ts voluntarily given by the employer under existing company rules
and regulations and/or collective bargaining agreement, including the
names of said workers to whom payment is due, the period covered, and
the formula used in the computation;
e. Statement on the imposition of the penalty of double indemnity, if
applicable;
f. Accessory penalties, such as cancellation of registrations and
accreditations which are premised on compliance with general labor
standards and occupational safety and health standards;
g. Directive to the employer to submit proof of compliance within ten (10)
days from receipt of the Compliance Order; and
h. Any unlawful act committed by any person or entity in the course of any of
the modes of implementation as mentioned under this Revised Rules, and
the corresponding recommendation for the institution of necessary
criminal action against the responsible persons.
SECTION 2. Effect of Compliance Order to Regularize Workers. — In case the
Compliance Order issued by the Regional Director includes a directive to regularize
workers, the order to regularize workers shall be immediately executory pending
appeal. During the pendency of the appeal, the employment of workers ordered to be
regularized shall not be terminated.
SECTION 3. Dismissal of the Case. — Within twenty (20) days from receipt of
the recommendation of the Labor Inspector, the Regional Director shall issue an Order
dismissing the case based on any of the following grounds:
a. The ndings of violations by the Labor Inspector have no basis in fact or in
law;
b. The employer presented substantial evidence controverting the ndings of
the Labor Inspector;
c. The correction or restitution of violations was made by the employer prior
to the issuance of Compliance Order;
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 d. The parties entered into a compromise agreement, in the mode of
payment or compliance only, during the mandatory conference; or
e. Any other analogous circumstances warranting the dismissal of the case.
SECTION 4. Modes of Service. — Notices shall be served to the parties or
their duly authorized representatives at their last known address or if they are
represented by counsels, to the latter.
Service of notices and orders shall be made either by personal service, registered
mail or private courier service. In cases where a party to a case or his/her counsel of
record personally seeks service of the order upon inquiry, service on the said party shall
be deemed effected upon actual receipt. In special circumstances, service of notices
may be effected in accordance with the pertinent provisions of the Rules of Court.
For purposes of appeal, the reckoning of the reglementary period shall be from
receipt of the Compliance Order by the parties.
SECTION 5. Proof and Completeness of Service. — The registry return card is
prima facie proof of the facts indicated therein.
Personal service and service by private courier is complete upon actual delivery.
Service by registered mail is complete upon actual receipt by the addressee, or after
ve (5) days the date he/she received the rst notice of the postmaster, whichever date
is earlier.
In case of personal service, the process server shall submit his/her return within
seventy-two (72) hours from date of service indicating in the return his/her name, the
mode of service, the names of the authorized persons served, and the date of actual
receipt of the document. If no service was effected, the process server shall state in the
return card the reason thereof.
SECTION 6. Notice of Finality. — The Regional Director shall issue a Notice of
Finality in case no appeal is duly perfected.

RULE XII
Compromise Agreement

SECTION 1. Compromise Agreement. — Should the parties arrive at an

agreement as to the mode of payment or compliance, said agreement shall be reduced
in writing and signed by the parties in the presence of the Regional Director or his/her
duly authorized representative.
The Compromise Agreement shall bind the parties provided that the person
making the compromise did so voluntarily, with full understanding of the facts and of
the consequences thereof, and for a consideration which is adequate and reasonable.
In case a Compromise Agreement is entered into by the parties in the absence of
the Regional Director or his/her duly authorized representative, the parties shall be
called to attend a veri cation conference for the purpose of verifying the authenticity
and due execution of the agreement.
In case the aforesaid conference cannot be held for justi able reason, the
Regional Director may assign a Labor Inspector to conduct an on-site veri cation. A
report thereof shall be submitted by the Labor Inspector concerned within three (3)
days after the conduct of such on-site verification.
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 RULE XIII
Appeal

SECTION 1. Appeal. — The Compliance Order may be appealed to the O ce

of the Secretary of Labor and Employment by ling a Memorandum of Appeal,
furnishing the other party with a copy of the same, within ten (10) days from receipt
thereof. A mere Notice of Appeal shall not stop the running of the period within which
to file an appeal.
The Secretary of Labor and Employment shall have thirty (30) days from receipt
of the entire records of the case or from termination of Clari catory Conference
referred to in Section 11 of this Rule, to decide the appeal.
SECTION 2. Grounds of Appeal. — An appeal shall be based on any of the
following:
a. Prima facie evidence of grave abuse of discretion on the part of the
Regional Director;
b. Pure questions of law; or
c. Serious errors in the ndings of facts were committed which, if not
corrected, would cause grave or irreparable damage or injury to the
appellant.
SECTION 3. Where to File the Appeal. — The appeal shall be led with the
Regional O ce which issued the Compliance Order. The ling of Memorandum of
Appeal with any other o ce or agency shall not toll the running of the reglementary
period for filing the same.
SECTION 4. Form and Contents. — The Memorandum of Appeal shall be led
in one (1) printed copy and an electronic copy in a compact disc containing: (a) the full
name of the parties to the case; (b) the date of receipt of the Compliance Order
appealed from; (c) concise statement of the matters involved, the issues raised, the
speci cation of errors of fact or law, or both, allegedly committed by the Regional
O ce, and the reasons or arguments relied upon for the allowance of the appeal; (d)
proof of service upon the other party; and (e) clear legible duplicate originals or true
copies of the Compliance Order, certi ed correct by the records o cer of the Regional
Office.
SECTION 5. Perfection of Appeal. — An appeal is deemed perfected upon
ling of the Memorandum of Appeal together with the appeal bond within the period
specified in Section 1 of this Rule.
Failure to perfect an appeal in the manner and within the period prescribed in this
Rule shall render the Compliance Order nal and executory, in which case the Regional
Director shall, on his/her own initiative, issue a Notice of Finality and Writ of Execution.
SECTION 6. Appeal Bond. — The appeal bond may either be cash or surety
bond in an amount equivalent to the monetary award. In case a surety bond is posted, it
must be issued by a reputable bonding company duly accredited by the Supreme Court
of the Philippines and shall be accompanied by original or certi ed true copies of the
following:
a. A joint declaration under oath by the employer, his/her counsel and the
bonding company, attesting that the bond posted is genuine and effective
until the final disposition of the case;
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 b. An indemnity agreement between the appellant and the bonding company;
c. A certificate of authority from the Insurance Commission;
d. A certi cate of registration from the Securities and Exchange
Commission;
e. A certificate of accreditation and authority from the Supreme Court; and
f. Notarized board resolution or secretary's certi cate from the bonding
company showing its authorized signatories and their specimen signature.
A cash bond or a surety bond shall be valid and effective from the date of
deposit or posting until the case is nally resolved or the monetary award is satis ed.
This provision shall be deemed incorporated in the terms and conditions of the surety
bond agreement, and shall be binding on the appellant and the bonding company.
If the bond is cancelled or is not renewed during the pendency of the case, the
appeal shall be dismissed and the order appealed from shall be deemed nal and
executory.
If after veri cation, the bond is found irregular or not genuine, the appeal shall be
deemed not perfected and shall be dismissed by the Regional Director on his/her own
initiative, in which case the assailed Compliance Order shall become nal and
executory.
SECTION 7. Motion to Reduce Bond. — A motion to reduce bond shall not be
entertained and shall not toll the reglementary period to file an appeal.
SECTION 8. Filing of Reply or Opposition. — The appellee may le with the
Regional O ce his/her reply or opposition to the appeal within ten (10) days from
receipt thereof. Failure on the part of the appellee to le his/her reply or opposition
within the said period shall be construed as a waiver on his/her part to file the same.
SECTION 9. Withdrawal of Appeal. — An appeal may be withdrawn as a
matter of right at any time before the ling of the appellee's Reply or Opposition.
Thereafter, the withdrawal may be allowed in the discretion of the Secretary of Labor
and Employment. If an appeal is withdrawn in either case, the Resolution or Decision of
the Regional Director shall become nal and executory, and an Entry of Judgment shall
be made immediately in accordance with Section 13 hereof.
SECTION 10. Transmittal of Records . — Within three (3) days after the lapse
of the period to le a reply or opposition to the appeal, the entire records of the case
shall be transmitted by the Regional O ce to the O ce of the Secretary of Labor and
Employment.
The records of the case shall have a corresponding index of its contents,
chronologically arranged and numbered. The records shall include the following: (a)
complaint, a davits, copy of the Notice of Results, computation of the award; (b)
notices, orders, as well as the proof of service such as return cards, minutes of the
proceedings; (c) Memorandum of Appeal and Reply or Opposition thereto with proof of
service thereof; and (d) o cial receipt of cash bond or in case of surety bond, the
corresponding requirements therefor as specified in Section 6 hereof.
SECTION 11. Clari catory Conference . — A Clari catory Conference may be
called for the purpose of determining or verifying factual issues essential to the
resolution of the appeal.
SECTION 12. Finality of Resolution or Decision of the Secretary of Labor and
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 Employment. — If no motion for reconsideration is led by the aggrieved party within
ten (10) days from receipt by the parties of the Resolution or Decision of the Secretary
of Labor and Employment, the same shall become nal and executory. If a motion for
reconsideration is led, the Secretary of Labor and Employment shall resolve the same
within thirty (30) days from receipt thereof.
The Resolution or Decision of the Secretary of Labor and Employment on the
motion for reconsideration shall become nal and executory after ten (10) days from
the issuance thereof.
SECTION 13. Entry of Judgment and Transmittal of Records to the Regional
O ce of Origin . — After the Resolution or Decision of the Secretary of Labor and
Employment has attained nality, an Entry of Judgment shall be issued. Thereafter, the
entire records of the case shall be forwarded to the Regional O ce of origin for the
issuance and implementation of the Writ of Execution.
SECTION 14. Effect of Filing of Petition for Certiorari. — The ling of Petition
for Certiorari under Rule 65 of the Rules of Court before the Court of Appeals shall not
stay the execution of the Compliance Order, Resolution or Decision unless the appellate
court issues a restraining order or injunctive relief.

RULE XIV
Execution

SECTION 1. Issuance of Writ of Execution. — Within ten (10) days from

issuance of Notice of Finality or receipt of Entry of Judgment and the entire records of
the case, the Regional Director shall issue a Writ of Execution on his/her own initiative
or on motion by any interested party.
SECTION 2. Pre-Execution Conference. — Within ten (10) days from issuance
of a Writ of Execution, the Regional Director or his/her duly authorized representative
shall conduct a pre-execution conference or hearing to thresh out matters relevant to
the execution.
SECTION 3. Form and Contents of a Writ of Execution. — The Writ of
Execution must be issued in the name of the Republic of the Philippines, signed by the
Regional Director, requiring the Sheriff to execute his/her Compliance Order or the
Resolution or Decision of the Secretary of Labor and Employment, and must contain the
dispositive portion of the Order sought to be enforced and all lawful fees to be
collected from the losing party or any other person required by law to obey the same.
SECTION 4. Enforcement of Writ of Execution. — In enforcing the Writ of
Execution, the Sheriff or the o cer acting as such shall be guided by this Rules and by
the DOLE Sheriffs' Manual on Execution of Judgment. In the absence of applicable
rules, Rule 39 of the Rules of Court shall be applied in a suppletory character.
The Sheriff may avail of such other means as may be necessary in the execution
of the judgment, including seeking the assistance of law enforcement authorities.
SECTION 5. Motion to Quash Writ of Execution. — The ling of a Motion to
Quash the Writ of Execution shall not suspend the execution proceedings. The motion
shall be deemed not filed but shall form part of the records of the case.
SECTION 6. Unclaimed Amount. — The Regional Director shall hold in trust
under a special fund any amount unclaimed by the employees within a period of three
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 (3) years from notice that the monetary award has been recovered from the employer.
Such amount shall be held as a special fund by the Department of Labor and
Employment to be used exclusively for the amelioration and benefit of workers.
SECTION 7. Effect of Third-Party Claim. — If the property levied on is claimed
by any person rather than the losing party and/or employer or its agent, such person
shall make an A davit of his/her title thereto or right to possession thereof, stating the
grounds of such right or title and shall le the same with the Sheriff and copies thereof
served upon the Regional Director and upon the prevailing parties/workers. 1 3
Filing of a third-party claim shall not stay the execution provided that the
prevailing parties/workers, on demand of the Regional Director, les a bond to
indemnify the third-party claimant in a sum not less than the value of the property levied
on.
In case of failure on the part of the prevailing parties/workers to post bond, the
Regional Director shall conduct a hearing with due notice to all parties concerned and
resolve the validity of the Third-Party Claim within ten (10) working days from receipt
thereof and his/her decision is appealable to the Secretary of Labor and Employment
within ten (10) working days from notice, and the same shall be resolved within the
same period. 1 4

RULE XV
Miscellaneous Provisions

SECTION 1. Prohibited Motions. — At all levels of the proceedings, the

following motions or pleadings are prohibited and, if led, shall not be acted upon but
shall form part of the records of the case:
a. Motion to dismiss;
b. Motion for bill of particulars;
c. Motion for reduction of bond;
d. Motion for extension of time;
e. Dilatory motions for postponement;
f. Motion for intervention;
g. Motion to declare respondent in default;
h. Motion for inhibition;
i. Motion for reconsideration of interlocutory orders or interim relief orders of
the Regional Director;
j. Motion to Quash Writ of Execution; and
k. Such other motions and pleadings intended to obstruct or impede the
proceedings.
SECTION 2. Assistance to Workers. — Workers who are separated from
employment during the pendency of the case may visit the nearest DOLE Regional
O ce for availment of any livelihood, employment, income opportunities and other
support programs of DOLE and other government agencies.
SECTION 3. Coordination with Relevant Government Agencies. — The
conduct of any of the modes of implementation may be covered by Memorandum of
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 Agreements to ensure proper coordination with other relevant government agencies.
SECTION 4. Revised Manual for Implementation. — The Manual of
Implementation of this Revised Rules shall be issued by the Bureau of Working
Conditions.

RULE XVI
Transitory and Final Provisions

SECTION 1. Penalty Clause. — Any person who commits any of the unlawful
acts described in the Labor Code, as renumbered or any provision of this Revised Rules,
shall be punished with a ne of not less than One Thousand Pesos (Php1,000.00) nor
more than Ten Thousand Pesos (Php10,000.00) or imprisonment of not more than
three (3) months nor more than three (3) years or both such ne and imprisonment at
the discretion of the court. 1 5
Any person who refuses or fails to pay any of the prescribed increases or
adjustments in the wage rates shall be punished by a ne of not less than Twenty-Five
Thousand Pesos (Php25,000.00) nor more than One Hundred Thousand Pesos
(Php100,000.00) in accordance with Republic Act No. 8188.
If the violation is committed by a corporation, trust or rm, partnership,
association, or any other entity, the ne shall be imposed upon the entity's responsible
o cers, including, but not limited to, the president, vice-president, chief executive
officer, general manager, managing director, or partner.
In case the employee's injury, illness or death was due to the failure of the
employer to comply with any labor law, or to install, maintain or provide safety and
health control measures, or take other precautions for the prevention of injury, illness or
death, said employer shall pay the State Insurance Fund a penalty of twenty- ve percent
(25%) of the lump sum equivalent of the income bene t payable by the Social Security
System to the employee after due process. 1 6
SECTION 2. Oversight Function of the TIPC. — The National Tripartite
Industrial Peace Council (NTIPC) as created under Executive Order No. 49, Series of
1998, as amended, shall serve as the oversight committee to monitor compliance with
this Rules.
SECTION 3. Separability Clause. — If any provision of this Rules is held invalid
or unconstitutional, other provisions not affected shall continue to be effective.
SECTION 4. Repealing Clause. — All rules and regulations, department orders
and other issuances inconsistent herewith are repealed or modified accordingly.
SECTION 5. Effectivity. — This Revised Rules shall take effect fteen (15)
days after publication in a newspaper of general circulation.
Manila, Philippines, October 3, 2017.
(SGD.) SILVESTRE H. BELLO III
Secretary
Footnotes
1. Section 3 (b), Department Order No. 65-04.

2. Section 3 (b), IRR of RA 9231.

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 3. Rule 1053.02, Occupational Safety and Health Standards, as amended.

4. Rule 1051 (2), Occupational Safety and Health Standards, as amended.

5. Section 2 (n), Department Order No. 10, Series of 1998.
6. Article 212 (6), renumbered as Article 219, Labor Code of the Philippines, as amended.

7. Rule II, Section 1 (k), Department Order No. 131, Series of 2013.
8. Rule 1013, Occupational Safety and Health Standards, as amended.
9. Rule 1012.02, Occupational Safety and Health Standards, as amended.

10. Section 3 (3), IRR of RA 9231.

11. Pursuant to Department Order No. 57, Series of 2004.
12. Rule II, Section 1 (aa), Department Order No. 131, Series of 2013.

13. Adopted from Section 16, Rule 39 of the Rules of Court.

14. Adopted from NLRC Manual on the Execution of Judgment.
15. Article 303 of the Labor Code, as renumbered.
16. Article 206 of the Labor Code, as renumbered.

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