Labor issue complaint

Subtitle

What steps are needed in relation to Art 128 and 129. at the regional office of the DOLE with a concern that her employer has not given her overtime pay for the past months. comes to you. LC? .Situation • Juana. a Gaisano cashier. a desk officer. She has already talked to her employer and relayed that the employer would not compensate her for some reason.

000 • EE-ER may or may not exist • .Interview Juana to ascertain facts Determine if case involves Art 128(b) or 129 Art 128. • SOLE or duly authorized representatives (RD) • Exercise of Visitorial and Enforcement Powers • Inspection of cases involving any violation of Labor standard law • When EE-ER still exists • Inquisitorial in nature Art 129 • Regional Director of DOLE or any duly authorized hearing officer • Exercise adjudicatory powers over money claims • Money claims not exceeding P5.

Report of noncompliance EN D Submit report to the Regional Director - Determine if report needs investigation and inspection - RD issue Order of inspection DOLE Inspection Officer . EE) N Determine from inspection of violation exists - - Y .Inspection authority directing the duly authorized labor inspector to conduct inspection Be joined by representatives of the workers Right to submit own findings and to testify if he does not concur with findings Examine documents Interview workers Document the inspection results Inspection at worksite Opening Conference Records Review Walk-around Plant Closing Conference Issue Notice of Inspection (ER.

CA SOLE resolution Final and executory within 10 calendar days Transmitted from RO to Office of SOLE Within 3 days - - - - Filed with RO which issued the order Failure to file within period waiver Requisites: File within period Under oath with proof of service with RD MOA resolve within 10 days of receipt Writ of execution CO final and executory After 10 days Where the issues cannot be resolved without considering evidentiary matters that are not verifiable in the normal course of inspection. RD shall endorse case to appropriate Branch of NLRC - - EN D - - Appeal to SOLE Within 10 days from receipt of order Denied ? MFR Within 7 days of receipt of order N Issue Notice of Inspection to ER. EE With amount to be resitituted Restitutions not exceeding P50. may direct LSED Chief to check correctness ER given opportunity to comply within 7 days Complie d? Y Contes t? N Issue Order of compliance Summary Investigation by Regional Director Within 10 calendar days Complie d? Y EN D .000 may be at plant level Report sent to RD for confirmation If not in order.

copy to EE ER given 5 calendar days to answer complaint After answer. RD call for summary hearing CA RD decide in 30 days from filing of complaint ER appeal to NLRC within 5 calendar days from receipt NLRC resolve appeal within 10 calendar days from last pleading . or house helper Claim arises from ER-EE relationship Claimant does not seek reinstatement Aggregate money claim of each claimant does not exceed P5000 RD issues summons to ER. or a person employed in the domestic or household service.COMPLAINT FOR MONEY CLAIM Requisites - - Submitted to RD within 3 days - Claim presented by an employee.

128 (b) Art 129 Nature and subject of proceedings Inspection of establishments and issuance of orders to compel compliance with labor standards Labor legislation in general Offshoots of inspection done by labor officer Refers to adjudication. of Ees claims for wages Limits to monetary claims Initiated by sworn complaints Workers involved Employees still in service Present or past employees at time of complaint Jurisdictional limits Law fixes no monetary amount for exercise Amount of money claim should not exceed p5000 Officers designated SOLE or any of his duly authorized RD or any duly authorized hearing representative who may or may not be officer of DOLE the RD Appealable to SOLE NLRC .DIFFERENCES Art. through summary proceedings after notice and hearing.

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