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Manual on Labor Laws Compliance System outlines conduct of assessment or visit of contractors/subcontractors
With the issuance of the Manual on Labor Laws Compliance System, or LLCS, Labor and Employment Secretary Rosalinda Dimapilis-Baldoz yesterday said DOLE regional directors, program managers and Labor Laws Compliance Officers, as well as establishments, will now have a standard guide on the assessment of contractors/subcontractors.
“The Manual on Labor Laws Compliance System which provides procedures for its uniform implementation, devotes a whole part, Part II, on the Assessment of Priority-Establishments, developed by Bureau of Working Conditions in cooperation with concerned DOLE agencies,” said Secretary Baldoz at the sidelines of the awarding of Certificates of Compliance (CoC) to establishments in the National Capital Region held at the Occupational Safety and Health Center in Quezon City yesterday.
Part II of the Manual provides the procedures to be observed in the conduct of assessment or visit of contractors/subcontractors to ensure compliance with Department Order No. 18-A, Series of 2011 and related laws.
For service contractors/subcontractors, the DOLE Regional Director shall ensure and oversee the conduct of assessment/visit of all contractors/subcontractors registered in his/her region and shall:
(a) Assign, through raffle, to qualified LLCOs in the r region the registered contractors/subcontractors to be assessed or visited;
(b) Provide guidance to the LLCOs on operational issues;
(c) Coordinate with the DOLE Secretary, through the BWC, policy issues encountered on hiring practices; deductions; registration renewal and other policy concerns while assessing contractors/subcontractors;
(d) Monitor the progress of the assessment or visit of the LLCOs to the contractors/subcontractors;
(e) Review and verify the recommendations made by the LLCOs;
(f) Regularly publish in the regional and national DOLE website the list of registered contractors/subcontractors with CoC in the region; and
(g) Submit report on the assessment results of all contractors/subcontractors registered in the region to the DOLE Secretary, through the BWC.
The guidelines also directs the LLCO to interview office employees and inspect the OSH conditions at the head office; proceed to the principal or user enterprise worksite/workplace for coordination with their contractors/subcontractors and interview deployed employees, at random, at their place of work and inspect their workplaces.
After this, the LLCO shall consolidate his findings and issue a notice of results. In case of compliance, the LLCO shall recommend for the issuance of CoC.
For DOLE regional offices where contractors/subcontractors operate, the DOLE regional directors shall ensure and oversea the conduct of assessment/visit of all contractors/subcontractors operating in the region. He shall, after the conduct of assessment/visit, indorse to the regional director of the regional office where the contractors/subcontractors are registered, the findings of the assessment/visit.
On the part of LLCO, he shall assess or visit the contractors/subcontractors operating in the region following the procedure outlined in Part XI of the Manual. In addition, he shall verify the following:
(a) The registration of the contractor/subcontractor and its compliance with the
substantial capital requirement;
(b) Its non-engagement in labor-only contracting under Sections 4 and 6 of
D.O.18-A, as indicated in the Checklist;
(c) Compliance with the semi-annual reportorial requirements under Section 22 of D.O.18-A, as indicated in the Checklist;
(d) Compliance with “no cash bond, no deposit for loss or damage on occupation or industry not allowed to do so by law or by the Secretary of Labor and Employment”;
(e) Employment records vis-à-vis compliance with D.O.18-A on the term of the
Service Agreements on prohibited activities and compliance with the right of the
contractor’s employees, as indicated in the checklist; and
(f) OSHS compliance records.
The LLCO shall coordinate with the principal or user enterprise fr the conduct of interviews of contractors/subcontractors’ deployed employees, at random, at their place of work and inspect their workplaces. The LLCO shall submit his/her findings to the regional director of operation.