Assessment by Industry mobilizes ITCs and associations to expand reach of labor laws compliance system—Baldoz
Assessment industry, one of the five assessment modalities that DOLE Administrative Order No. 404 Series of 2014 prescribes to improve the effectiveness and efficiency of implementation of the new Labor Laws Compliance System, involves the mobilization of industry tripartite councils (ITCs) and associations.
“This is to expand the assessment coverage of DOLE regional offices and to ensure that they meet their target establishments for compliance visits, or assessment, this year, Labor and Employment Secretary Rosalinda Dimapilis-Baldoz said yesterday.
Hence, Baldoz directed all DOLE regional directors and program managers to already mobilize their respective ITCs and associations when they choose assessment by industry as a modality.
Industry associations include the Philippine Association of Local Service Contractors, Inc. (PALSCON) for contractors; Information Technology and Business Processing Association of the Philippines (IBPAP) for BPOs; Federation of Filipino-Chinese Chambers of Commerce and Industry, Inc. (FFCCCII); Makati Business Club, foreign and local chambers of commerce, etc.
“The DOLE regional offices can use the assessment by industry in combination, separately, or simultaneously, with the other four modalities to meet their target for the year,” said Baldoz.
The other four compliance assessment modalities are (1) Zonal Assessment, (2) In-house OSH assessment, (3) Ecozone-wide assessment, and (4) assessment of establishments with Labor-Management Councils (LMCs) and convergence programs.
For the ITCs, Baldoz said they should pursue the Voluntary Codes of Good Practices (VCGPs) on compliance will all labor laws though industry-wide joint assessment, consistent with the principle of industry self-regulation. The time frame of the joint industry assessment shall be agreed upon with the stakeholders, but should not go beyond October this year, and at the same period every year thereafter,” said Baldoz in her order.
Subject to the peculiarity of the industry, the joint industry-wide assessment shall be conducted in one venue with the involvement of the composite teams under the Special Assessment or Visit of Establishments (SAVE), or with augmentation teams from neighboring regions, depending on the size of ITC membership.
There shall be an orientation on the LLCS and one-on-one discussions with industry members’ designated representatives and their union representatives during the joint industry-wide assessment. The teams shall also provide technical assistance to participants in the process.
Baldoz explained that there should be an increase in the number of certified establishments in the industry and their subcontractors; number of establishments with action plans for further assessment or correction; as well as the in number of establishments availing free technical assistance on OSH or productivity as output of the joint industry-wide assessment.
Under the assessment by industry modality, ITC or association member establishments shall be asked to provide the DOLE key information, at least two weeks prior to the joint industry assessment, for pre-processing of documentary submissions, and for their Notice of Assessment.
“Table documentary pre-processing by the regional office is necessary to ensure that the assessment can be completed within 2-3 hours for each establishment, compared to the average 6-8 hours in on-site assessment,” Baldoz said.
Baldoz also added that if gaps are identified, the assisting Labor Laws Compliance Officer (LLCO) and the member establishment shall agree on a timetable for technical assistance and correction which shall be submitted to the DOLE regional office.
In case of discrepancy between in-house OSH assessment and the industry assessment with respect to occupational safety and health, the LLCO shall reconcile the findings with the concerned OSH practitioner/consultant.
“Certified companies, as well as those that did not undergo the joint industry-wide assessment, shall be published in a newspaper of general circulation in the region. Aside from the Certificate of Compliance (COC), establishments which fully complied shall be provided with a marker that reads: “This establishment is a labor law compliant and child labor-free” added Baldoz.