Sie sind auf Seite 1von 4

ARTICLE 128, 129

I.
LABOR STANDARDS ENFORCEMENT CASES
1. SUBJECT OF THE VISITORIAL AND ENFORCEMENT POWERS: THE ESTABLISHMENT AND NOT
THE EMPLOYEES THEREIN.
The subject of the visitorial and enforcement powers granted to the DOLE Secretary or his duly
authorized representatives under Article 128 is the establishment which is under inspection and not the
employees thereof.
Consequently, any awards granted are not confined to employees who signed the complaint
inspection but are equally applicable to all those who were employed by the establishment
concerned at the time the complaint was filed, even if they were not signatories thereto. The
reason is that the visitorial and enforcement powers are relevant to, and may be exercised over,
establishments, not over individual employees thereof, to determine compliance by such
establishments with labor standards laws. Necessarily, in case of an award from such violation by
the establishment, all its existing employees should be benefited thereby. It must be stressed,
however, that such award should not apply to those who resigned, retired or ceased to be employees at
the time the complaint was filed.
2. ORIGINAL JURISDICTION.
The DOLE Regional Directors exercise original jurisdiction over the following:
(a) Cases involving inspection of establishments to determine compliance with labor standards
(Visitorial Power); and (b) Cases involving issuance of compliance orders and writs of execution
(Enforcement Power).
3. VISITORIAL POWER OF REGIONAL DIRECTORS UNDER ARTICLE 128(a).
Pursuant to their visitorial power under Article 128(a), the DOLE Regional Directors shall have:
(a) access to employers records and premises at any time of the day or night, whenever work is
being undertaken therein; and (b) the right:
(1) to copy from said records;
(2) 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 the Labor Code and of any labor
law, wage order, or rules and regulations issued pursuant thereto.
4. ENFORCEMENT POWER OF REGIONAL DIRECTORS UNDER ARTICLE 128(b).
The statutory basis of the authority of the DOLE Regional Directors to administer and enforce
labor standards is found
in Article 128(b) of the Labor Code, as amended.
Pursuant thereto, the DOLE Regional Director, in cases where the employer-employee
relationship still exists, shall have the power:
a. to issue compliance orders to give effect to the labor standards provisions of the Labor Code
and other labor legislations based on the findings of labor employment and enforcement officers
or industrial safety engineers made in the course of inspection.
b. to 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, in which case, the contested case shall fall under the
jurisdiction of the Labor Arbiter to whom it should be endorsed by the Regional Director.

c.

to 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 and regulations poses
grave and imminent danger to the health and safety of workers in the workplace. Within 24 hours,
a hearing shall be conducted to determine whether an order for the stoppage of work or
suspension of operations shall be lifted or not. In case the violation is attributable to the fault of
the employer, he shall pay the employees concerned their salaries or wages during the period of
such stoppage of work or suspension of operation.
d. to require employers, by appropriate regulations, to keep and maintain such employment
records as may be necessary in aid of his visitorial and enforcement powers under the Labor
Code.
JURISDICTION OVER MONEY CLAIMS CASES
1. CLASSIFICATION OF MONEY CLAIMS.
Money claims falling within the original and exclusive jurisdiction of the Labor Arbiters may be
classified as follows:
1. Any money claim, regardless of amount, when asserted in an illegal dismissal case (hence,
accompanied with a claim for reinstatement). Here, the money claim is but an accompanying
remedy subordinated to the principal cause of action, i.e., illegal dismissal; or
2. Any money claim exceeding the amount of P5,000.00 per claimant.
If the amount does not exceed P5,000.00, it is, under Article 129, the DOLE Regional Director
has jurisdiction to take
amounting to P5,000 or below, provided the following requisites concur:
1. The claim must arise from employer-employee relationship;
2. The claimant does not seek reinstatement; and
3. The aggregate money claim of each employee does not exceed P5,000.00.
2. IN INSPECTION OF ESTABLISHMENT CASES UNDER ARTICLE 128, DOLE REGIONAL
DIRECTORS HAVE JURISDICTION REGARDLESS OF WHETHER OR NOT THE TOTAL AMOUNT
OF CLAIMS PER EMPLOYEE EXCEEDS
P5,000.00.
a. Requisites.
For the valid exercise by the DOLE Secretary or any of his duly authorized representatives
(DOLE Regional Directors)
of the visitorial and enforcement powers provided under Article 128(b), the following requisites should
concur:
1. The employer-employee relationship should still exist;
2. The findings in question were made in the course of inspection by labor inspectors; and
3. The employees have not yet initiated any claim or complaint with the DOLE Regional Director
under Article 129, or the Labor Arbiter under Article 217.
3. HOWEVER, JURISDICTION OVER CONTESTED CASES UNDER THE EXCEPTION CLAUSE IN
ARTICLE 128(b) OF THE LABOR CODE INVOLVING INSPECTION OF ESTABLISHMENTS
BELONGS TO THE LABOR ARBITERS AND NOT TO DOLE REGIONAL DIRECTORS.
a. Relation of paragraph (b) of Article 128 to the jurisdiction of Labor Arbiters.
The Labor Arbiters have jurisdiction over contested cases under the exception clause in Article
128(b). which states: xxx. 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.
In interpreting the afore-quoted provision of the exception clause, three (3) elements must concur
to divest the Regional Directors or their representatives of jurisdiction thereunder, to wit:

02
(a) That the employer contests the findings of the labor regulations officer and
raises issues thereon; (b) That in order to resolve such issues, there is a need to
examine evidentiary matters; and (c) That such matters are not verifiable in the
normal course of inspection.

SMALL MONEY CLAIMS CASES


1. JURISDICTION OVER CLAIMS NOT EXCEEDING P5,000.
The DOLE Regional Director has original jurisdiction over small money claims cases arising from
labor standards violations in the amount not exceeding P5,000.00 and not accompanied with a claim for
reinstatement under Article 129 of the Labor Code.
Article 129 contemplates the recovery of wages and other monetary claims and benefits,
including legal interest, owing to an employee or domestic worker or kasambahay, arising from employeremployee relations provided the claim does not exceed P5,000.00.
2. REQUISITES FOR THE VALID EXERCISE OF JURISDICTION BY DOLE REGIONAL DIRECTORS
UNDER ARTICLE 129.
The following requisites must all concur, to wit:
(1) The claim is presented by an employee or domestic worker or kasambahay;
(2) The claimant, no longer being employed, does not seek reinstatement; and
(3) The aggregate money claim of the employee or domestic worker or kasambahay does not
exceed P5,000.00.
In the absence of any of the aforesaid three (3) requisites, the Labor Arbiters have original
and exclusive jurisdiction over all claims arising from employer-employee relations, other than claims
for employees compensation, social security, PhilHealth and maternity benefits.
III.
CASES SUBMITTED TO REGIONAL DIRECTORS AND ASSISTANT REGIONAL
DIRECTORS FOR VOLUNTARY ARBITRATION IN THEIR CAPACITY AS EX-OFFICIO
VOLUNTARY ARBITRATORS (EVAs)
1. JURISDICTION.
As EVAs, the DOLE Regional Directors and their Assistants have jurisdiction over the following
cases:
(a) All grievances arising from the interpretation or implementation of the CBA;
(b) All grievances arising from the interpretation or enforcement of company personnel policies
which remain unresolved after exhaustion of the grievance procedure;
(c) Cases referred to them by the DOLE Secretary under the DOLEs Administrative Intervention
for Dispute
5. Voluntary arbitration powers.

1.
VISITORIAL AND ENFORCEMENT POWERS

1. THREE (3) KINDS OF POWER UNDER ARTICLE 128.


Article 128 of the Labor Code, as amended, basically enunciates the three (3) kinds of power
which the DOLE Secretary and/or the Regional Directors, his duly authorized representatives, may
exercise in connection with the administration and enforcement of the labor standards provisions of the
Labor Code and of any labor law, wage order or rules and regulations issued pursuant thereto.
The three (3) kinds of power are as follows:
1) Visitorial power:
2) Enforcement power: and
3) Appellate power or power of review.
2. WHO EXERCISE THE POWERS.
Nos. 1 and 2 above are exercised under the original jurisdiction of the DOLE Regional Directors.
This has been earlier discussed under the separate topic of VII. PROCEDURE AND JURISDICTION, E.
DOLE Regional Directors, 1. Jurisdiction, supra. Hence, the same will no longer be touched under the instant
topical discussion.

The appellate power in No. 3 above may only be exercised by the DOLE Secretary in respect to
any decision, order or award issued by the DOLE Regional Directors.
3. NATURE OF THE VISITORIAL AND ENFORCEMENT POWERS.
The visitorial and enforcement powers granted to the DOLE Secretary and the DOLE Regional
Directors who are his
duly authorized representatives, are quasi-judicial in nature.

4. IT IS THE REGIONAL DIRECTORS WHO HAVE ORIGINAL JURISDICTION TO EXERCISE THE


VISITORIAL AND ENFORCEMENT POWERS UNDER ARTICLES 37, 128 AND 274.
In the instances contemplated under Articles 37, 128 and 274, it is the DOLE Regional Directors, the
DOLE Secretarys duly authorized representatives commonly referred to in these three (3) articles, who
have the original jurisdiction to exercise the visitorial power granted therein.
5. THE ROLE OF THE DOLE SECRETARY IN THE EXERCISE OF VISITORIAL AND ENFORCEMENT
POWERS IS APPELLATE IN NATURE.
It is clear from the above disquisition that the original jurisdiction over the exercise of the visitorial and
enforcement powers belongs to the DOLE Regional Directors, as the duly authorized representatives of
the DOLE Secretary.
The role of the DOLE Secretary is confined to the exercise of his appellate jurisdiction over the decisions,
orders and awards of the DOLE Regional Directors in cases brought before them for adjudication under
Articles 128 and 274.